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
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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
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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
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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
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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
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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
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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
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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
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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
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