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HomeMy WebLinkAboutCC 1992-04-15 MinutesWORKSHOP REGARDING ALLEGATIONS MADE AGAINST HOLY CROSS DAY CARE - DE HOSTOS SENIOR CITIZENS CENTER AND TO CONSIDER THE ESTABLISHMENT OF A NEW BOARD OF DIRECTORS FOR DE HOSTOS HELD ON APRIL 15, 1992 AT CITY OF MIAMI CITY HALL AT 4:13 P.M. Present: Herbert Bailey, Assistant City Manager Frank Castaneda, Director, Community Development Department Luis Carrasquillo, Social Programs Supervisor Pablo Perez, Assistant City Attorney Walter J. Foeman, Assistant City Clerk Note for the Record: Translations were made by Pablo Perez, Assistant City Attorney. Mr. Herb Bailey: My name is Herb Bailey. I am the Assistant City Manager that's in charge of the Community Development Department, the purpose of this meeting today as required or dictated by the City Commission was to give the community a chance to express their concerns on the record regarding the funding for the existing contractor that we have, which is Holy Cross Day Care Center and a group that has expressed some concerns and is applying for funding to carry out a similar program. Many of you probably will be more familiar with (COMMENTS IN SPANISH), and Frank Castaneda will be conducting most of this meeting so that we can have a familiarity of the language and we can understand what is actually being said and carried on. We will permit each speaker from each side five minutes to express their concerns about the program. I would like to know and see a show of hands of those who are here for Holy Cross Day Care Center and wish to speak on this matter on the record. I see two. Is there more? We have two from Holy Cross then who will speak. Or three. OK. How many do we have from De Hostos Center that want to speak on the record for this program? Six. If some of you don't understand what I'm saying, Frank would you? Mr. Frank Castaneda: (COMMENTS IN SPANISH) Mr. Bailey: All those want to speak? Mr. Castaneda: Yes. Mr. Bailey: We're going to have to narrow it down to at least five. Mrs. Dorothy Quintana: Mr. Bailey, I wonder if they understand what you're trying to tell them. Please explain it to them very clear in (COMMENTS IN SPANISH). Please. Because I don't think they understand what you're just saying in favor or against. Mr. Castaneda: (COMMENTS IN SPANISH) I don't know. At least ten people want to speak for it. (COMMENTS IN SPANISH) I asked him to come to the mike. Mr. Gamaliel Riviera: It's my understanding that the lawyer and chairman of the board will be here but I haven't seen them. 1 April 15, 1992 0 Mr. Castaneda: OK. So about five persons would like to speak on behalf of the existing corporation. Mr. Riviera: Yeah. Mr. Castaneda: OK. (COMMENTS IN SPANISH) We will be giving five minutes to each person to speak, maximum, in order to be able to move this meeting accordingly. And you will have to identify yourself, state your address and who do you represent. (COMMENTS IN SPANISH) OK. What Herbert Bailey is telling me is that he would like to reduce the number of people talking for and against to about five individuals and I think we will be able to move faster that way. I don't know if Mr. Morales would like to select five individuals or... (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mr. Castaneda: (COMMENTS IN SPANISH) We are ready to proceed if you are. OK. (COMMENTS IN SPANISH) Which five are going to speak on behalf of De Hostos? Well.... (COMMENTS IN SPANISH) We'll let you speak first and that way we'll give time to the attorneys for De Hostos to arrive. Could you identify yourself and where you live and... Mr. William Morales: My name is William Morales. I live 2301 Collins Avenue, 407A, Miami Beach, Florida. The reason we are here today is not to pre - evaluate my termination since I am no longer an employee of Holy Cross Day Care Center. Mr. Castaneda: If you want, I'll translate for you in (COMMENTS IN SPANISH). (COMMENTS IN SPANISH) Mr. Morales: A new corporation that the elderly are requesting. Since they have noted some injustice on the present board, they would like to have voice and votes and they would be like to be considered in decisions taken on De Hostos Senior Center. I don't know if Holy Cross needs a lawyer for this. They should be more intelligent since things have been happening in De Hostos Senior Center since they terminated me. I have a witness here that has been calling the police for the elderlles. In my three years of director of De Hostos Senior Center, I never called the police for any elderly and they are doing lack... of due process, poor administration and poor involvement in the program. They sent a letter to the Mayor Suarez which I answered. I don't know if you want me to read the answer so they may be aware. OK. "Honorable Mayor Suarez: The following is in response to the March 24, 1992 letter on behalf of the board of directors of Holy Cross Day Care Center, Inc., mentioning incidents, actions, procedures taken on De Hostos Senior Center issue. It is imperative to expand your knowledge for a fair final decision and appropriate action to take place. Enclosed you will find where recent facts supported by evidence along with articles of incorporation and by laws of the newly formed corporation addressing solely the elderlles needs. Further investigation is welcome. The board of directors of Holy Cross Day Care Center, Inc. are supposed to have in their possession almost all documents provided to you since some of them have 2 April 15, 1992 rim, rrr_fir-+"c►�cJ �—s ; �•�.w� also been distributed among the community in public places, having the participant copy of them where the director at time had access to them. As a director, he should have informed the board about any incidents regarding this issue. If not so, on March 16, Ileana Ross-Lehtinen, member of the Congress sent the president of the board a copy of all the information pertinent to the inquiry by me for her review into the situation. No response on behalf of the board has been received. Copy of Congresswoman Ileana Ross..." Mr. Castaneda: I'm sorry. Could you repeat that? Mr. Morales: "...No response on behalf of the board has been received. Copy of Congresswoman Ileana Ross- Lehtinen is attached on the booklet. Also they should have documents and laws on hand on which to rely to run a nonprofit corporation." Mr. Pablo Perez: I'm sorry. Could you repeat that last sentence? Mr. Morales: "...They should have documents on law on hand on which to rely to run a nonprofit corporation. Years of experience as board of directors entitled them to be knowledgeable on this matter. My findings and allegations were based upon an independent research on books based on nonprofit boards, articles of incorporations, by laws and personnel policies. However, it is clear for them not to know what the participants needs and desires were at the time due to their absenteeism at the De Hostos Senior Center." Mr. Bailey: Mr. Morales, I gather - and I have a copy of what you're reading from - and in summary I think what you're actually saying that based on the community's opinion and observation of Holy Cross that you feel that the board is not functioning in a manner that you consider to be proper to give the best service to the community with a variety of positions that you have here that will support that and I think we ought to give a copy of that to the City Clerk so we can enter this... Mr. Morales: I also gave a copy to all Commissioners and the City... Mr. Bailey: Does the City Clerk have... Do you have a copy? Mr. Morales: Not the City Clerk, the City Manager. Mr. Bailey: Because this is a hearing and what you're entering would be part of the official record which is expressing your concern about the operation of Holy Cross, we want to give a copy of that to the City Clerk, and I would like to just summarize what you are saying here as part of the record that, in your opinion, - or in the opinion of those who are here that are supporting you, that you feel that the board of Holy Cross has not acted properly in terms of carrying out the program for which we are funding. 3 April 15, 1992 •' . � " � _ � ... .' - - AW _ 1 + i' � .� : it i L-f n 0 4 Mr. Morales: Correct. Mr, Bailey: And you are petitioning us, with the support of the people here in this audience, to take that into consideration for any future activity we may have to do with Holy Cross. Mr. Morales: Well, the activity they want is to, according to your contract, it can be terminated at any moment. Mr. Bailey: We understand the contract and the language in it, but I'm just trying to get the basis of your presentation. And we gather that you are presenting to us information that you think we should consider in determining whether or not we go forward with any future funding with Holy Cross, based on the facts you have in your memo. Could we just have a copy of that for the Clerk? We understand that and in the evidence of time - because you do have four more people who probably want to speak on your behalf - I would just like to use that as evidence into the record, and if you have anything other than what you have on the memo to say, could you sort of express that and we want to get to another speaker. Mr. Morales: OK. I would like to then go to the conclusion of the letter that says, "It almost humorous that the board on March 24, 1992 letter want to be judged fairly, based upon the facts and if they were any questions, they want an adequate opportunity to respond. That is my complaint against the present board. I wanted to be judged fairly, based upon the facts and if there were any questions, I wanted an adequate opportunity to respond. This is what due process of Taw is all about. I never received due process, but in our new corporation, with a new board, there will be due process of law as well as having the program solely directed toward the elderlies. Further, they don't want you to read the press. The press is only reporting what the elderlies say and want. On the positive side, your own City of Miami Administration reported quarterly on excellent job I did. We request you to allow this new corporation and this new board of directors to take over De Hostos Senior Center and accomplish what has been lacking in the corporation whose name indicates that it is for child care and whose emphasis has been on child care and not on the elderlies. We welcome any ideas or suggestions by the City of Miami." This new corporation is composed by eleven persons which five of them are going to be part of the board of directors. This new corporation that we just formed, the participants are going to be part of the board of directors and they will have votes and voice. Mr. Bailey: I want to make one thing clear, and maybe as I go through this, you ought to translate it so that future speakers and the others that will be coming up will kind of understand where we are as a City agency in determining funding for the program. It appears that we are dealing with two issues. It appears that we are dealing with the issue of an employee relation and we are dealing with an issue as to whether or not service has been properly given to the community from the funding that we provide. Our concern for this meeting is whether or not the existing agency has properly represented the community 4 April 15, 1992 and provided the services that are specified by our contract which receives our funding. The legal ramifications of the nonprofit corporations, both of them, is a matter in which you have to resolve among yourselves, through legal matters or otherwise. Based on the testimony that you give here today, we will determine whether or not there has been an infraction or a violation of our contract and whether or not the service has been properly delivered to the community. The service delivery function is the only function which we can legitimately get involved with. So when you give your speech for the record, we would like to know whether or not, in your opinion or in your point of view, is the agency as a whole operating effectively for the community. That's the only thing we are concerned about. Thank you. Are you finished, Mr. Morales? Mr. Morales: Yeah. That's why they are here today. Mr. Bailey: Yes. I would like to then, if you are finished, we'll have another speaker from De Hostos. (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mr. Bailey: No, you may continue. And please try to limit your comments to five minutes and get right to the point. You know, you like or dislike, or whatever and then we can at least finish at a reasonable hour. Ms. Crystal Griggs: OK. My name is Crystal Griggs and I'm here to represent my mother. She's in the hospital quite sick and she couldn't come. (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Ms. Griggs: Crystal Griggs, G-R-I-G-G-S. 635 N.E. 52nd Street, Miami 33137, Morningside. I'm here to represent my mother, Elena Pereira. She's quite sick in the hospital, but she used to go to the De Hostos Center and she was very, very happy with Mr. Morales. So, you know, she's got Alzheimer's disease and Parkinson, starting now and when she read what was happening to Mr. Morales, she got very, very sick because she was treated very nice and she i knew that he really took care of all the elderly in the place. But I really don't want to touch that much. I just want to talk and let you know that I think that Mr. Morales - they're planning to have a new group together to kind of take care of the elderly in the place and I think he's qualified. I think he could do a good job in taking care of them. As you see, everyone is here, J you know, and I believe that the elderly should have a vote, should be asked what they want, whether everything that is going on, they accept what's going on, the food and everything else. I think they should be part of the whole environment and have a vote on it. The reason I'm saying this is because I've been talking to them. When I read that in the paper, I went over and I was talking to the elderly and they were dissatisfied with what's going on, the treatment and everything else. So I believe that you should, you know, think about this and give them a chance to really take care, because I believe they are first before anything else. Thank you very much. Mr. Oswaldo Borges: (COMMENTS IN SPANISH) ' TRANSLATION: My name is Oswaldo Borges. My address is 33 N.E. 45th Street. My presence here today before this Commission is not to defend William Morales, his deeds speak for themselves. I assist in the dining room every 5 April 15, 1992 0 4 day for about ten or eleven years. During that time, I've had certain experiences, but my presence before the Commission is... My reason for appearing before the board is so that the board of this City, which is comprised of various ethnic groups, black, white, Haitian, Cuban, Hispanic and what have you, will have an understanding of how we feel. Since Mr. Morales was dismissed, certain things have occurred. Certain things have happened and I admire the work that's been carried on by Mr. Gregorio Lynn because he assumed all the responsibility for the department. Mr. Gregorio Lynn has carried out the job in the best possible way. Since the food was cut back from a hundred meals and there were moments where he had to serve a hundred and twenty meals, so please consider, Commissioners, it is a job such as that of the bread and the fish. That is why when a phantom director appeared creating new laws, we felt defrauded. Due to that, what we are demanding is that this you hear us in reference to this new corporation. By viewing the ones present before the board and also myself, you will be able to consider that we are trying to obtain a just cause where we the ones that attend every day can obtain representation and not a phantom board that appears when it is convenient for them and according to their own needs. That is all, my dear Commissioners. Ms. Hildred E. Tutein: My name Hildred E. Tutein. My address, 401 N.E. 88th Street. I have been a participant of senior citizens center for four years. Mr. Morales, for the past three years, has been our director. We had certain little problems between senior citizens and with his expertise, let me tell you, he settled those little things. We love him. He was kind, considerate, compassionate and this is why you see all these people. Whether they're Haitians, regardless where we came from. That's right. This is our third time here. Some of them were unable to come today. We are requesting a new board. We would like to have voice and a vote. Another issue will be that on three occasions we sent in petition to have our director, Mr. Morales, reinstated. The gentleman that spoke before me called the board a phantom board. I have to be in agreement. Over the years I've seen Mr. Riviera and another gentleman come into the Center. I never knew the board and I'm a very observant person. I'm not one of the senior citizens that gets in a corner and grumbles. I speak out. I speak out respectfully with any concerns, not only for myself but for some that are the grumblers. It nearly got me into trouble last week. The police was about to push me into an arrest, but that's another story. Someone, I feel personally, was trying to keep me from appearing here today, because in the past anything that went on at the Center, I would raise my hand respectfully. When I was recognized, I would speak up. I don't think especially that was appreciated. William knows I use to do it with his administration and he respected me for that. We would respectfully ask, and I'm sure all of these senior citizens, plus some others that are not here today, we need a voice, we need a voice, we need a vote, we need a new board, we respectfully ask, prayfully ask if it is within your powers to reinstate Mr. Morales. I am an RN (registered nurse), thirty-three years of service to United States Virgin Islands government. I am an RN. Thirty-three years of service to the United States Virgin Island government and I'm saying this. When you take away, when anyone takes away a man's job, you take his life away and then by the grapevine I had heard that our now director was a board member and had voted for the dismissal of Mr. Morales. And now she's in that position. Isn't that conflict of interest? I said on a few occasions it was very ugly. I still feel it is ugly. Again I repeat, when you take away a man's job without a just cause, you might as well kill him. I wouldn't want 6 April 15, 1992 e �6W2.:n...,,:.-sv�.�l� il.�aiin isaa.`i�`a+t�i"'... .t :i -. _ _ - _. camanai Qtiil.�t2wa •11 i:,,! LLt,�t:d r��.ry_ 7. ..�•, . _ _ _lo._ it to happen to a dog. The Pan American people were dismissed because we know that that airline went under. I cried. I cried when I saw a man that worked twenty-five years didn't know where he was going. Mr. Bailey: I'm sorry miss. That's a very touching story. Yes. Pan American we'll deal with on the next hearing. Ms. Tutein: All right. Thank you. You know more or less how I feel. How we all feel. Mr. Bailey: Thank you very much. We have one more speaker from this side. Could we have them come forward? We need to begin to hear from the other side. We have one more. Among you will you select... (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD). Mr. Bailey: We understand that. Would you come to the mike, sir? Mr. Casildo Paulas: (COMMENTS IN SPANISH) TRANSLATION: My name is Casildo Paulas. I five at 543 N.W. 34th Street, Apartment. My presence here today is to make a claim on behalf of this immense majority of residents of the dining area of Wynwood. I've been at that dining room from ten to twelve years. I don't frequent that place that much now because I have other activities, but I am attentive always and I let them know I'm attentive to what's going on at that organization. I've had knowledge that things aren't going well for the Center. There's no fraternity among the board and among the members. They are not informed how the work is done, what are the activities. When I was there, we used to inform the other members how the Center operated. Whenever somebody wanted some information or wanted to look at the books, and problems having to do with balances, if the food was not good, if the budget was not in accordance with the amount of employees that there were, we would be interested in all these things because we felt that was good. It was important for the people that attended the dining area and for the personnel that worked there. But lately when I've arrived there, I've heard comments that things are not going as they should. Certain discrepancies on the part of the administration, on the part of personnel, or rather on the part of people that go there to dine. I don't know the reason that when I arrived there not so long ago, I was informed that many were there that were unable to eat because they say that there was not enough food. I don't know what was the cause of that, but that called my attention. I was distraught by it. I felt that was not proper and that the administration should be attentive to the budget, and if it's based on the fact that the budget is insufficient, if the ones that serve the food are not serving at a level appropriate to the number of people that go there, then responsible individuals... As a responsible individual, I wanted to know a little bit better what the reasons were. First thing that I did was to inform myself about the labor of the administrator which is this gentleman that's here. They told me he was a great administrator, that he was very interested in the center. I even had the intention of speaking personally with him. I understand that we need to be responsible so that everything marches well so that these types of dining areas provide the appropriate service to the community of elderly people. 7 April 15, 1992 ., RNE ,: >.. .• �. -a. a . , :...... as , to Mr. Bailey: I would like to ask the gentleman a question. Did you notice these differences just in the past two months, three months, or have they been noticeable by you in the last year? When? Just how long have you noticed these type of deficiencies in the operation? Mr. Paulas: It's a question of months. Because I have other activities. Sometimes I'm fifteen days, a month that I don't go to the center, but as soon as I arrived, I tried to incorporate myself and to find out what's going on. Mr. Bailey: Approximately how many months? Mr. Paulas: (COMMENTS IN SPANISH) I first started hearing the commentaries that I have referred to about four months ago. Mr. Bailey: Four months ago. All right. Thank you. Your time is up, sir. We've taken note of your comments. We will be around for a little while. It looks like it's going to be later than five. I would like to give the Holy Cross Day Center now, which is the, I guess, the defendant in this action, a chance to speak and we will probably have time for questions, and we will certainly let your attorney have his day to speak about the De Hostos Center. Thank you. I would just like to say, before we start again - and I know this seems to be an emotional issue centering around a personnel matter - but I would like to just instruct you again to speak to the issues of whether or not the service that is being provided is adequate and being performed properly for the community. A matter of board and personnel is a legal matter which does not fall within our jurisdiction at this time. Go ahead, Emilio. Mr. Emilio Lopez: My name is Emilio Lopez. I am chairman of the community development in the Wynwood area. At one time board member, chairperson of the - I've got to say this, but I can do it myself. So don't worry, I'll translate myself. At one time, I also was a chairperson of the Holy Cross Day Care Center and belonged also to the board of the elderly. Also I was the founder of the Holy Cross Day Care Center and the elderly project. For seventeen years, you know, we have been running this program. If you look back, I think the Holy Cross Day Care Center was thirteen or fourteen years ago and the same with this project. The board of directors of the Center have been operating for that many years. You can check and we have never had any problems. The program that De Hostos Center, about three or four years ago, they got in some problems and we requested, the Holy Cross board requested, to take over the De Hostos Center - at that time we used to call it another name. It was Wynwood Elderly Project we used to call it and before that Los Viejitos Del Encanto. So when that happened that they had some problems, they asked - You know, we came to the Commission and requested that this project was to be put under the hospices of the Holy Cross Day Care Center because it had a board, that was stable and still is stable. We have never had any problem. If you check your records and your monitoring and everything that is related to these two projects, there have never been any problems. And the only problem that was there was before we got involved with De Hostos Center as the elderly project. We have been providing services. We have been providing services for more than thirteen or twelve years and never had any problem. The services are still being provided and for the elderly as well as the Holy Cross Day Care Center. Also, I hear people talking about that the food is sometimes short and that we are a phantom board. We are always going around S April 15, 1992 .-. _ ilia.�i:.�#�''�.-dE:+dCF...s�.�t�t�t�,'.'�;,l�litt� ti•,..-a;r�+sr�._us���-�.�.«'�l�»s�� a there and we visit the Center. We are not eat over there because I don't qualify to eat over there. So, you know, I cannot go and sit down and eat with them or whatever. But my point is that we, the board members at that time, we used to have a problem and we, about a year ago decided that we would like to have a person who is the chairperson or the director of the Holy Cross Day Care Center and a director also for the De Hostos Center. Mr. Bailey: One moment, please, Emilio. You did say you would do your own translation. I think there are some people who have not caught up with your statements and they might want to have a chance to... Mr. Lopez: (COMMENTS IN SPANISH) Mr. Bailey, you said it. Let me now go to English because I... Mr. Bailey: Let me ask you a question. Your time is up,... Mr. Lopez: OK. Mr. Bailey: ... but we have been letting people go over. Mr. Lopez: OK. Mr. Bailey: And maybe we can get right to the point of this. I have two questions. One is, are you still on the board? Mr. Lopez: No. Mr. Bailey: You're not on the board. Mr. Lopez: I resigned. Mr. Bailey: Apparently... Mr. Lopez: One of their allegations is that. But you know, I used to be, like I said to you before, I used to be a board member, I still community development. I've been involved in this community for more than twenty-one years. Mr. Bailey: I understand. Now are you pretty much aware of what's been going on since, they're alleging, in the past two or three months, since you had a change of personnel? It appears that most of this concern in the audience is that for the past two or three months that the service from the new director has not been comparable to what the old director was providing. There again, I'm not concerned about the two people. I'm concerned about the service. Mr. Lopez: Mr. Bailey, the way I can answer to you, every time that,... Pablo Perez, Esq.: I'm going to start translating. Mr. Bailey: We might have a simultaneous translation so we can get through this in a hurry. Mr. Lopez: Every time that somebody gets fired, there is going to be some people who'll be against the guy who was fired and the new people who come in 9 April 15, 1992 yet M►wb�jyR �t•i �-:�"1.1�311 �'!�!ffi and you have to give an opportunity to that person to develop. We have not found... I'm sorry. Go ahead. We have not found any change as it pertains to the services. We haven't found any change. The only thing that they might say is about maybe sometimes food is not enough, but it has nothing to do with the people who provide that food for them. The social services, all the services and everything that has been there have been provided. Now, again, they have a group of people who say they want to form a board, and they are here present, but there is also a group of people who are satisfied with the services and the board and what we have. So, again, it's a matter of you people making a decision based on the reality and not based because we fired a person. Because we fired somebody that we felt it was right. Now, let me add a couple other things. Mr. Bailey: Please make it short. Mr. Lopez: OK. Real short. My suggestion to you is that there are many social services that have boards like us and there is no guidelines from you toward the programs that you are funding, so you can allow... You know, they can accuse us that we did this, that we did that, but there's no guidelines. And we have legally followed the nonprofit corporations and, you know,... Mr. Bailey: Thank you. We're aware of that, Emilio. Mr. Lopez: So we will... With that, I'll stop and I'll let some of my other people say something. Mr. Perez: OK. I want to explain something to everybody. I'm going to say it first in English and then in (COMMENTS IN SPANISH). My name is Pablo Perez. I'm an Assistant City Attorney for the City of Miami. I don't want anybody here to get the impression that we're somehow sitting here as a court of law or some sort of a body that's going to make a determination as to whether somebody is reinstated or whether somebody is going to be fired or what have you. We're simply here because the City does have an interest and we're here for a workshop. That's why we're here. In order for the community to express their concerns and for you to discuss this amongst yourselves. But this is an internal problem and essentially you will be determining what to do amongst yourselves. I want to clarify that. (COMMENTS IN SPANISH) Sanford Dernis, Esq.: Mr. Bailey, gentlemen, my name is Sanford Dernis. 9130 S. Dadeland Boulevard, Suite 1209. Can you hear me all right? I'm the attorney for Holy Cross Day Care Center, Inc. I'm glad you limited the issues. Now I can speak for five minutes rather than twenty minutes getting into the legal aspects. Does the translation time deduct from the time we're allowed? Mr. Perez: No, no. Mr. Dernis: OK. Let me make a clarification regarding one item. First of all, when you're dealing with effectiveness, I think it's in the community service area, we know that effectiveness cannot always be measured by dollars and cents or by figures. But it also is measured by the perception of the recipients of the services which is a very valid concern. They have to be satisfied. But nevertheless, we have to look at the facts as well and the facts have to be disclosed. One fact is that Holy Cross Day Care Center does not pay for the food it serves and the budget of Holy Cross Day Care Center... 10 April 15, 1992 The budget for the food, the amount of the food to be provided for Holy Cross to feed the people is not determined by Holy Cross but determined by Catholic Services. There is no discretion on the part of Holy Cross. On March, excuse me, December 16, 1991, Catholic Community Services reduced the meals to 115 meals a day. Again in March 4, 1992 they indicated that the meals, I don't have all of the documents, but on March 4, 1992 they indicated that beginning March 9 the meals would increase to 108 per day. Now, that means that between December 16, 1991 and March 4, 1992 was way below 108. It is currently now at 113 meals per day. When the Catholic Community Services runs out of money or foresees a need to budget their food, they cut down on the food among all their recipients. I don't think that we can avoid when dealing with the effectiveness, dealing with some of the complaints made by Mr. Morales. One, when Mr. Morales was hired as the permanent Director of the Senior Center, he was asked to establish two advisory boards for fund raising and ideas involving clients and professionals. Rather than financing, it was for fund raising. That was back in June of 1991. No committee or no advisory board that the Holy Cross Board of Directors knows about has been formed. In May... in 19 uh... the monitoring period July 1st through March of 1991 report dated May, last date May 24, 1991. The agency Performance Report from your office I believe. One of the complaints was, or one of the findings was, programs efforts must be directed to outreach activities within the Wynwood area to ensure that eligible residents in the area are aware of the services provided by the program. The Board was very sensitive to that and when they retained Mr. Morales as a permanent director that was specifically mentioned to him as one of his duties. Mr. Morales' report when requested, one report when requested about the outreach program his comment was, "this center program is full at this moment, outreach is not necessary." Mr. Perez: I am sorry. Was that Mr. Morales response? Mr. Dernis: Yes, Mr. Morales responded to the member of the board who inquired of him regarding this matter that output... outreach was not necessary because the program is full. Mr. Bailey: Counselor, may I interrupt for a minute. I appears we have two issues here and maybe we can kind of shortcut this if we address them directly. One of the concerns that I've heard from the speakers and seems to be shared by the members in the audience. The community does not seem to think that they do not have the privilege of getting involved on the board. And I think that is a political issue that we ought to at least briefly address. I understand that you are within your perfect legal rights as a nonprofit to determine the board makeup and this replacement procedures. Maybe a statement regarding that might help. The other point I'd like to have you address...there was some concern about the lack of adequate food and the service of that food. I would like for you to explain the relationship between the amount of money that we provide you for food and the food that you get from Catholic Community Service. Mr. Dernis: The second issue. The one regarding the relationship of the food Catholic Services provides and that which your budget provides would probably best be addressed by the president of the corporation and she will do that when she speaks. As to the first issue, articles of incorporation and by-laws are not written in stone. When we appeared... when this matter first came before the Commissioner we indicated verbally that we would be open... 11 April 15, 1992 although within our legal bounds to act as we have, we have no problem with dealing with the staff or the community to arrive at a program a manner of operation governing that would satisfy the needs of the community. I reiterate that and the board reiterates it, but the board has been interested in that participation previously, and that is why one of the criteria given to Mr. Morales when he was hired was to establish the two advisory boards. Now, the board procedure as a creation or the appointment to the board is an open procedures. The by-laws and the articles of incorporation do not restrict the membership of that board but, admittedly, it is not a procedure like in some corporations, for instance, Community Health Centers where there must be community participation. There must be advertising. That effort has not been made. It wasn't advertised. It wasn't readily known. Mr. Bailey: I am familiar with your by-laws and the selection of board members. I'd like to ask you a question. As I read it the way the nominating committee is put together, you essentially have a self perpetuating board. Mr. Dernis: It can be. Mr. Bailey: Yeah. Well it.... usually when you have two present board members on the nominating committee and only one outside you usually have self perpetuation. I'd just like to .... just ask a question. Whether or not your board would be amenable to opening that up if it's going to resolve the community issue? We're not suggesting that. I just want to ask that question because I am pretty sure that is gonna have some impact later on down... Mr. Dernis: They have already in fact ... The answer in a short is absolutely. That was... I am reiterating what was stated before, in fact, when I was first retained the purpose of that retention was to get involved in the articles and the by -Laws to investigate just those issues. Mr. Bailey: Counselor are you going to be the last speaker for Holy Cross because we are running a little bit over. Mr. Dernis: No I am almost... in fact I think I am just about through. You've exhausted my issues. Mr. Bailey: Well you've taken up two people but I haven't seen more than three asking to speak anyway so you can continue. Mr. Dernis: I believe there are if you want it or the president executive director and some of as to the qualifications. three left. I do have and I uh... and either can provide you with the resume of the present her recommendations if that would help in any Mr. Bailey: We would like for you to give that to the clerk and we would like to have copies here for the staff as a part of the record. Ms. Maria Marrero -Neville: My name is Maria Marrero -Neville and I am the Board President for Holy Cross Day Care Center, Inc. And basically I am here to address two issues that you were asking questions to Mr. Dernis. I had a meeting with Peter O'Connor from Catholic Community Services which is the sole provider of the meals for the center. Basically what I would like to address, to say, is that what he explained to me is that he provides the meals and in 12 April 15, 1992 return the center receives $160.00 to cover expenses of electricity and garbage disposal. One of the issues brought before about holding the meals. He explained to me that that was a misunderstanding. Maybe misleading communication because in December he mentioned to Mr. Morales that for this coming semester the meals were going to be decreased but still we would be one of his priority centers. Meaning that if there was any meals left it would be provided to the De Hostos Senior Center. The money that the City of Miami provides for foods is being used for the week -end meals. The meals are provided by a separate service provider. We don't cook. We don't serve them to the elderly, only in the appropriate manner that has been established by HRS title 3, which is the funds that provides the meals to Catholic Community Services. City of Miami also pays monies for extra food that the administration of the De Hostos Senior Center would buy it from the food bank. It's not enough to serve all the meals in a daily basis what the City of Miami provides. That basically I think covers... Mr. Bailey: Let me ask a question on the food. Are you saying that the shortage of food is a matter of availability from the Catholic Service and the amount of money that we provide, and regardless of who was there it would be the same condition. (COMMENTS IN SPANISH) Ms. Marrero -Neville: What I am saying is that the main budget of meals is being provided by Catholic Community Services (COMMENTS IN SPANISH) and the supplement monies is provided by City of Miami. Mr. Bailey: I am aware of that but I heard some discussion here that was a lack of meals or enough meals for those who came in to be serviced and I am trying to determine whether or not that is something that has recently happened and because you said you were notified by the Catholic Service that they would be... Ms. Marrero -Neville: December 1991. Mr. Bailey: You were notified December 1991? Ms. Marrero -Neville: December 24, 1991... (COMMENTS IN SPANISH) and not only that is was notified on December 24, 1991 but it seems with my conversation with Peter O'Connor that this happens every year, and that's the reason. My understanding that it's budgeted in the City from the City of Miami monies to supplement that. In term of your question directly, yes. It doesn't matter who is there. Catholic Community Services has a commitment with the community and the elderly, OK. The other issue that I want to mention to you of what I heard. The concern about having somebody from the community on the board has already been addressed. And that member will have vote. And that member 1s going to be representing the elderly. And that member is also going to be the supervisor indirectly of the director of the center because it's going to be called the board. Mr. Perez: You said indirectly or directly? Ms. Marrero -Neville: Directly, because it's going to be a board member. Just one final thing. When we went ahead to look for applications we advertised in the newspaper, Miami Herald for a whole week we obtained 16 applications. Out of those 8 we interview on February 26, eight. Twenty-sixth and 28th, the new 13 April 15, 1992 center director, Abadia Adames was interviewed on the 28th and the reason it happened that she was selected because she happens to be the best match and the best interview in terms of our goals and objectives, and if the City would like to see those documents the way it was done it was a selection process with two psychologists. One of them being a Metro -Dade County employee with the experience and knowledge of working with the elderly. Mr. Bailey: I would just like to remind you I understand your need to want to explain for this audience. That's a matter that I think perhaps should be taken up at some other time. I want you to know that we have been made aware of the fact that that there's a competing situation here with the De Hostos Center now that they have incorporated. One of the uh, uh... one part of the presentation they are going to make today, and I promised the counselor I would let him do that, is to explain to the Commission by putting it on the record, their intent to request that this newly formed nonprofit corporation be given consideration, and after you finished I think you've explained the services that's adequate for our purposes. We would like to have their counselor explain for the benefit of the Commission and this body their intent to compete for the same funds. I want you to understand very clearly that no decision regarding this matter will be made by us today. We will gather all of the information including the reports that we have prepared from our many monitoring visits over the years. Including the last three or four months. We will make our report to the City Manager who will in turn make his report to the City Commission. I think it is very clear to all of us here what the issues are. Ms. Marrero -Neville: Let me ask you something, if I may. Mr. Bailey: Yes, one more than I would like to let... Ms. Marrero -Neville: Can I have the duly elected representative for the elderly at the De Hostos Senior Center for the council to come over and explain how was the selection process done? Mr. Bailey: That is a new member of your board? Ms. Marrero -Neville: No. She will be as soon as we get together in a formal meeting, but she's here today as a council president for the elderly, and it was elected by the elderly of the De Hostos Center. Mr. Bailey: If we could have a brief statement because I think their the attorney would like to make a presentation. Ms. Marrero -Neville: No problem. Mr. Perez: I am sorry. Would you state what her position is again. Ms. Marrero -Neville: Do you want her title? Mr. Perez: Yes. Ms. Marrero -Neville: She is the Council for the Elderly President or representative. 14 April 15, 1992 # (NOES FROM AUDIENCE) Mr. Bailey: Could we have your attention. Can we have your attention, please, I think we ... Mr. Perez: OK. This is a public...(COMMENTS IN SPANISH) Ms. Marrero -Neville: OK. The way the selection.... let me... let me explain to me [sic]. Mr. Castaneda: (COMMENTS IN SPANISH). Ms. Caridad Fernandez: (COMMENTS IN SPANISH) TRANSLATION: My name is Caridad Fernandez. I live at 92 NW 33 street two blocks from ... I do not have any ambitions for any position but simply to help them and to provide ideas. I am not influenced by either of the two sides. I am here humbly to express as a participant of the center. I am not influenced by either Mr. Morales or the new board. I am simply here to express my own views. When I arrived there approximately eight or nine months ago I had a positive feeling about Mr. Morales. I arrived there as a participant. I always cooperate at dinner time and I try to serve them as best as possible with the available food that's not cooked there. I've never seen any kind of privilege. That 1s my truth and I have to express that. I was not selected by any particular group there was no other person and I was picked and I feel I am humbled because I am a person who has always acted properly. And that's what I was going to represent for all of them. Nothing else, because all I aspire to is peace on earth so that everything will be better. Ms. Marrero -Neville: Just a final note. The participants that elected Mrs. Fernandez are seventy, seven oh, participants. They were selected by tables and there are two tables that were not represented because up to this point it is my understanding that they did not want to participate. Mr. Perez: (COMMENTS IN SPANISH) Mr. Castaneda: (COMMENTS IN SPANISH) Mr. Bailey: Can we hear uh... thank you. Can we hear from the counselor here that's representing the De Hostos Center? Note for the Record: Vice Mayor Alonso entered the meeting at 5:50 p.m. Mr. John Thornton: My name is John Thornton, Senior. My son, Junior, was the partner of Fred Moreno not me. I have been asked and this is pro bono on my part. I've spent about 120 hours on this so far and I have listened to a lot of the facts and I have come up with what I thought should be a proper new corporation and a new board. Today, even though we were not suppose to get into the issues, number one, of the De Hostos --- or the Day Care Center did, and I need to point out where they were complaining about Mr. Morales, not doing something on fund raising for professional clients, and you will see in the documentation that we submitted before that he has had over sixty, but in fact if the board read their own by-laws they would find out they were supposed to do it. So they, I see so many misconceptions of how they run the 15 April 15, 1992 business here. And just as the last lady was speaking I understood what the audience here of about 55 from De Hostos Senior Center representing and supporting Mr. Morales new corporation. They were saying that she was not elected by them. That's because there was probably no general election called and they didn't know anything about that. Another small thing that I =_ heard that you may want to know about is that the participants do pay fifty cents a day for meals, twenty-five cents on weekends and they down to only one bus. The uh... Vice Mayor Alonso: Could you please clarify for the record what do you mean by that? "Down to one bus." Meaning that they had two before? Mr. Thornton: When Mr. Morales was there they had two. Vice Mayor Alonso: Two, OK. The point that your trying to make is that they have less people right now. Is that it? The weekend? Two and now it's down to one. Ms. Marrero -Neville: Can I clarify that. Vice Mayor Alonso: Sure. Ms. Marrero- Neville: Just that point. Part of the title 3 monies from HRS with Community... Catholic Community Services requires donations from the participants, an average of fifty cents or whatever the person can give. But, if the person doesn't have the money the person will still eat. OK. If for any reason the person doesn't have fifty cents and they receive food stamps, they can also give food stamps, OK. So basically it is a requirement as a matching fund that Catholic Community Services requires because of the HRS title 3 money. There was never two buses, only one. The other one was acquired at the beginning. That one was sold, and acquired the new one which is the one we still have. Mr. Perez: Could you repeat that last part I didn't understand it. Ms. Marrero -Neville: OK. At the beginning we're talking about a year and a half ago we had two buses. One of them we have to sell it OK. And at that moment we kept the other one the brand new one OK. So we still -- we always were in use of one. So I don't know what he's relating to. Vice Mayor Alonso: Yes. In reference to the, to the fifty cents there's nothing unusual about that. It's done in every center. So it's not an unusual system it's done uh... Ms. Marrero -Neville: If I may... Vice Mayor Alonso: ... my experience has been that I have seen in every center. So there's nothing unusual about that. The part that I did not understand, it was the question he made reference to the bus and I want some clarification. Mr. Thornton: May I continue? Mr. Bailey: Yes counselor you can continue. Do you have much more. 16 April 15, 1992 Mr. Thornton: Couple of minutes. Mr. Bailey: Couple of minutes. We are aware of your incorporation and I understand the reason for that. Maybe you might want to set on the record why you are presenting it to us today just for to hear to come from you... Mr. Thornton: Well, from my own listening for about 120 hours worth since about the first of February to what's going on at this Be Hostos Senior Center. My opinion is that the corporation that was formed in 1977 called Day Care Center has been spending its time on Day Care Center. Mr. Perez: Meaning for children? Mr. Thornton: For children rather than for elderlies. It's been obvious from my examination of all the minutes which you all have copies of for the last three meetings. That the board that is existing has paid more attention to other things than the elderlies. So I have a designed a corporation for the elderlies and aimed at the elderlies. They deserve much better than what they have been getting and I have given the Clerk a copy of the new articles of incorporation which were filed April 8th in Tallahassee. We have a new Board, on page three of that corporation consisting of eleven. The seventh one of Juan Bracete is the Spanish attorney. The reason I am telling you that is his wife is here, but he could not make it today to let you know that he is on the board. Those above him on page three are experienced people. Those below his name are participants. So under are new corporation we will have five participants, of the Be Hostos Senior Center elected to the Board and we will have annual elections. And our first annual election if the City approves this, either an assignment of the contract or a taking over July 1 --- you have two options and that... Mr. Perez: OK. For the record again. Mr. Thornton: Yes. Mr. Perez:...Mr. Pablo Perez is the Assistant City attorney. We are not here as a fact finding body, just essentially a workshop. I just want to clarify that. Mr. Thornton: Thank you. That we would have an election by the entire Senior Be Hostos Center before July 1, which will give the participants much input, which they deserve. We will have in the new corporation that it is solely dedicated to the elderly. Now we've been advised not to restrict to a place because maybe the City may expand and have elderly centers other places. So this is adaptable to taking care of the elderly wherever the contract says to take care of them. And all of the members, we're calling them in the Articles "active members," and they all will have a vote and a voice on the Board of Directors and on the Officers. And we have room for as many honorary members as we will be able to find. So I think this is the third time all these wonderful people are here and today there were maybe fifty or sixty. I think I counted fifty-five at the beginning. And we're all interested in your doing the right thing. Thank you. Mr. Bailey: Counselor, I know you being an attorney, to an attorney is always anxious for a rebuttal. I have promised Ms. Quintana that she could say a few 17 April 15, 1992 s words, however, we would like you to make it as direct and to the point as possible, and as brief as you can make it. We want to conclude this hearing at least no later than six fifteen. I think we've heard all the issues. I would just like to point out to both of you, in all of your legal deliberation about the corporate structure, no one has told me yet how you are going to deliver better service. I think you ought to think about that. Ms. Quintana would you go ahead. Ms. Dorothy Quintana: My name is Dorothy Quintana. I live in Wynwood thirty- seven years, going on thirty-eight. And Wynwood was a fine place until the so called leaders came in Wynwood to tell the Wynwood people what to do. Mr. Perez: I am sorry ma'am Could you please start again I couldn't hear... Mr. Quintana: Ah, repeat what I just said? Mr. Perez: Yes. Just so I could translate it. Ms. Quintana: I live in Wynwood thirty-seven years. And Wynwood was a fine place until the so called leaders came to tell Wynwood what to do and what to say. And people did what they say and that's wrong. Nobody, nobody ever thought of going to the people of Wynwood and find out what do they want from Wynwood, because when they wanted the ... 1 want to be a chairperson you vote for me or else. That's exactly the way Wynwood is run now days. And people are afraid of them because they say they might do this and that to me. They keep coming to my house to tell me Dotty this and.... I say I have nothing to do. Go to the leaders because I am not a leader here. I only work for the people volunteer whenever they need me I am there. But when I see something wrong that isn't fair and this gentlemen was laid -off --- very unprofessional and I am surprised at the lady there that she works for the school board which I read... have the letter. If she has an education the way she's supposed to have to act in the manner that she did, very unprofessional. They didn't give him a chance, they just say I don't want you in here, that's it, go. I want to know in Cuba, Russia what is it. Here we have to speak to the people decently and with a lot of respect because we are in the United State and we have to act like we're in the United States not in Russia, not in Cuba nor any of those communist countries. Now I am sick and tired, I am very sick and tired to see what's happening to Wynwood and nobody cares. Now, my friend up there, he's my friend, he'll be my friend and always be my friend he don't live in Wynwood. He lives in Kendall. Now, anyone of them they don't live in Wynwood. None of them live in Wynwood. He use to be a counselor in the school there, OK. None of them live in Wynwood. None of them live in Wynwood. Do they care for Wynwood? No. I do because I am there. (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mr. Perez: Excuse me, sir. +i Mr. Bailey: Could we have a little order please cause we are going to _ } conclude in a few minutes whether we get it all out or not. ' Ms. Quintana: I live in Wynwood and I care for Wynwood. i t 18 April 15, 1992 i And what they did to this fellow was very unprofessional, and you know why, because they had the lady in mind to put it on them. Like they always did it. Everyone that wants somebody out and then they have somebody in line. They get somebody out and they put somebody in. I think they have to stop once and for all. I am sorry. (APPLAUSE) Mr. Felix Cano: I sorry Commissioner me English is too bad.(COMMENTS IN SPANISH) TRANSLATION: My name is Felix Cano. I inaugurated that dining area along with my wife and it's the first time that this occurred. I am going to explain something that I feel is very necessary. We have been losing our time this afternoon. We've been talking about intrinsic things that have no value. These people the only thing that they want is to confuse you and to confuse us. But amongst us who are of advanced age our heads still work and we are not dumb. We ask you, Commissioner that you will consider because we've had a Chief Mr. Morales which is the best that we could possibly have had, and that this gentlemen should not have been removed due to anything. They did it without impunity without consulting because we are participants. The only thing we ask is that you consider our new corporation and Mr. Morales. Mr. Bailey: Very short counselor. Mr. Dernis: I promise my time will equal to the extra people on the other side, but less time. Mr. Bailey: Go right ahead. Mr. Dernis: I want to make just a couple points. One, I represent, and this is not a battle of qualifications, but I can draft by-laws. I've represented federally supported institutions. I can draft by-laws as well, as well as articles of incorporation. That's not a problem. And with all due regard to your interest and representation of the people being served, which we share the crux of the question is what services will be delivered. The last question you made to the lawyers. We are somewhat --- Holy Cross is somewhat handicapped. One, because it had ask Mr. Morales when he was an employee to provide us with plans and we are for future growth and expansion and effective service and we have ...I nothing to provide to you. Two, we are also at a handicap because... Mr. Perez: I am sorry could you repeat that last part. Please folks try and keep it down cause I am trying to translate here and I...it's very difficult to do if you... Mr. Dernis: We are also at a handicap because of the process. Until we came here today we didn't know who or what was going to be happening as to how many were going to talk, what the issues were going to be, and how it was going to !` be handled, nor what the approach of your office was going to be. And I invite you. I am not arguing. I invite you and we will be glad to cooperate to seek the questions and answers of our staff, talk to those participants that did participate in an election and did elect a representative, and see who is providing service. We have not gathered a community together to say is let's fight Mr. Morales. My last short comment. It has been our feeling that fs 19 April 15, 1992 the services have met the minimum requirements and because of failures and that we saw and because of improvements we wanted, that's why we hired the new executive a new operating manager. You will see by the resume that you have that she is extremely well qualified, and we welcome the opportunity to delve into this matter in any way possible to give a full illustration of the facts involved. If there is a lack of service we want to know where it is because it has not been communicated to the board in the past. Mr. Bailey: Thank you, counselor. I would just like to say that one of the reasons that you are here is that you requested a personal appearance before the City Commission to discuss this matter, and because of the magnitude of it. No you didn't, we're not saying you did, but it was requested. We don't just dream of this and do it. I wouldn't. Now, we heard from as many of the concerned community people that we could. What we will do, and we're concluding this, the public discussion is over now. What we will do is to get in touch with each representative of the two groups. We will narrow it down to a smaller body of people. I am going to suggest to you that if you want to have your attorney ... the De Hostos Center ought to have their attorney and if the Holy Cross Center want to have their attorney come together with a representative group of each one of the centers to meet with us, as a staff, we will then include, along with those discussions, are own evaluations and reports, and we will see can we come to some reasonableness in terms of how we're going to function in the future with this program. I would just like for you to understand that the main concern that we have is that the service will continue to be provided and the service will continue to be provided in the best manner which it can be given, considering the constraints of the budgets, the amount of money we can give, and the other support services that are available to you. We're only concerned about those particular issues. We would hope that you would keep your representation down to at least two people per group. If you want to have your attorney as one of the representative then you can have three. We want to sit and discuss this matter as intelligently as possible. We are not on anybody's side. We are on the side of the community and service that the community is supposed to get, and what will come from that meeting will be, hopefully, the best type of support that we can give for the best service that the community can get. We will be in touch with you by tomorrow, and we hope that within the next day or so, you will decide who will be representatives of your group to come and discuss with us and we'll tell you the time and the place and the type of things we need to have from you. Thank you very much for coming. THE WORKSHOP WAS ADJOURNED AT 6:11 P.M. 20 April 15, 1992 ..1Y t7.•�i