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HomeMy WebLinkAboutExhibit 1APPENDIX A PROOF OF PUBLICATION koM A - 1 fill 1 TUESDAY, AUGUST 20. 2013 vl BROWARD COURTS LOCAL & STATE MiamiHerald.com I MIAMI HERALD POLITICS )01.11111[11312.011AKI MUD rat, NU COMPLICATIONS: Attorney Christopher Pole, left. talks to his client Randy W. Tundidor during trial last year. Pole is now a judge. which triggered one of the appeals that have delayed sentencing. Still no sentence for killer W A jury decided last October that a convicted murderer should face death, but the wheels of Justice have stalled — with no sentence In sight. BY RAFAEL OLMEDA Sin Sentinel The jury has spoken. Twice. But the judge has not. Not yet. In May 2012. more than a year ago, a Broward jury found Randy W. Tundidor guilry of the brutal murder ofbs landlord Nova South- eastern University profes- sor Joseph Morrissey. Five months lacer, after listening to more evidence from Broward prosecutors and Tundidor's defense team, the same jury came back with a second unanimous verdict — Tundidor de- served to die for his crime. But Broward Circuit Judge Cynthia lmperato, who oversaw Tundidor's tri- al, still hasn't sentenced Tundidor 46, and there is no solid indication of when Tundidor's sentencing will take place. Hearings were scheduled for Monday and Tuesday, but Tundidor's defense was expected to ask for more to prepare its arguments. The jury's recommenda- tion is not binding on Im- perato. but it would be un- usual for a judge to go against a unanimous deci- sion in a death -penalty case. Prosecutors said that Tundidor and his son, Ran- dy H. Tundidor, broke into the Morrissey home in Plan- tation in April 2010, terror- ized Morrissey and his wife, Linda "Kay" Morrissey, and forced them to withdraw cash from an ATM while holding their sleeping 5-year-old son hostage. According to the evi- dence presented at trial, the elder Tundidor stabbed Morrissey to death and wanted to kill his wife and son, but the younger Tundi- dor balked at the idea. In- stead, they set the house on fire and Bed. Morrissey's wife and child managed to escape. The crime was not ran- dom — Morrissey was the elder Tundidor's landlord and was threatening to have him evicted, according to evidence presented at trial The younger Tundidor pleaded guilty to second-de- gree murder in 2011 and tes- tified against his father He was later sentenced to 40 years in prison. The reasons for the de- lays in sentencing the elder Tundidor have been nu merous. Christopher Pole, the de- fense lawyer who represent- ed Tundidor at trial, became a judge himself soon after it ended. The task of defend- ing Tundidor for the penalty phase fell to co -counsel attended the trial specifical- ly to takeover in the event of a guilty verdict. Between the guilty ver- dict in May and the penalty phase in October, Rosen- bam told the judge that his client did not want di pre - ant mitigating factors, evi- dence designed to elicit sympathy from the jurors to dissuade them from approv- ing a death sentence. Appeals in death -penalty cases are routine, but most are filed after the judge hands down the sentence. In this case, Rosenbaum filed one motion the: he hoped would get the case reviewed even before sentencing — he tried to have lmperato and every other judge in Broward County disquali- fied from overseeing the case Pointing to a 2005 case, Rosenbaum argued that no judge in Broward could be anted on to rule objec- tively on whether Tundidor received effective represen- tation during his trial be- cause Tundidor's lawyer was w a judge in Broward County. "No judge in Broward County is ever going to fund that one of their own did an ineffective job," Rosenbaum said. As he predicted, lmperato dismissed the claim of inef- fective counsel as "ludi- crous" at a court hearing. An appeals court on Wednes- The challenge may resur- face in later appeals, Rosen- baum said. Sometime after the jury made its recommendation, Rosenbaum suffered health issues that resulted in fur- ther delays. In the meantime. the younger Tundidor ars to have h d a change of heart after getting a longer prison term than he bad hoped for, Rosenbaum said. The de- fense plans to call fellow in- mates who claim he now says his father is innocent. Getting the younger Tun- didor to eke the stand would be legally risky, Ro- senbaum said. By saying he lied during his father's trial, he would either be commit- ting perjury or admitting that he committed perjury when he identified his fa- ther as Morrissey's killer and the mastermind behind the robbery, kidnapping and murder. The next substantive hearing in the case will be what's blown as a Spencer hearing, in which Rosen- baum will try to persuade 1 perato to choose a life sentence over the death penalty. "He won't allow me to beg for his life," Rosenbaum said, referring to his client. "But our primary argument is going to remain what it u at trial: He's not the one who committed this crime." Prosecutor Tom Coleman Richard Rosenbaum, who day sided with Imperato. declined tocomment, -=�:on�aFIIEAI1mrGTommgse°arrDrRoviDE FOR12OLlECT1ONOFSOGDWAS1ESPECIAI ASSESSMENTS Notice Is given that the City Commission of the City of Miarni wet conduct a public hearing to consider imposing Solid Waste special aasessrren[s tat the provision of Solid Waste services within the City of Miami for the Fiscal Year commencing October 1.2013 and ending September 30. 2014. The hearing will be held at 5:05 Pm on September 12. 2013. in the City Commission Chambers of City Hall 3500 Pan American Drive. Miami. Florida. for the purpose of receiving public comment on the proposed assessmens All affected property owners have a right to appear al the hearing and to file written objections with the City Comnvssion within 20 days of this notice. d a person decides to appeal any dssision mark by the City Commissioners with respect to any matter considered at the hearing such person will need a record of the proceedings and may need to ensure that a verbatim record is made. including the testimony and evidence upon which the appeal is to be made. In accordance with the Amerimns with Oisabililies Act persons reeding a special accommodation or an interpreter to participate in this proceeding should conta.l the City Clerk at (3051250-5361 at least seven days prior to the date of the hearing. The assessment for each parcel of property will be based upon each parcels classification and the total number of billing units attnbuled to that parcel. The total estimated Sold Waste Assessed Costs to be assessed and collected for the Fiscal Year commencing October 1. 2011 is $26,334,000. The following table reflects the proposed Solid Waste assessment schedule: r'IWE [.. y�P1�PgJTYUPEBiYUSE,r•, Single Family Copies of the Solid Waste Assessment Ordinance. Initial Assessment Resolution and the preliminary assessment roll are available for inspection at the Office of the City Clerk of Miami, Florida. 3600 Pan American Drive. Miami, Florida ..:�AWEWNG UNI $380.00 Unless proper steps are Initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action al the above rearng jlndud:ng t e method of apportionment the rate of assessment and the imposition of assessments). sucn a.he shall be the fin 1 adjudication of the issues presented. The assessments will be collectedon the same bill as ad valorem taxes Failure to pay the assessment will result in either the commencement of foreclosure proceedings or cause a tax certificate to be issued against Inc property which may result in a loss of title. If you have any questions. please contact the City of Miami at (305) 416-1570. Monday through Friday between 6:30 a.m. and 4:30 p.m. (a19355) T000 D. HANNON CITY CLERK CITY OF MIAMI, FLORIDA CFO candidate quickly exits race i Democrat Allie Braswell Jr, dropped out of the CFO race after It came to light that he had flied for bankruptcy protection three times. BY GARY FINEOUT Assocateo Press TALIAHASSEE — Just days after jumping into the race to become the state's chief financial officer, Central Florida Urban League President Allie Braswell Jr. abruptly quit his campaign Monday. Braswell scuttled his bid atterit was revealed he has filed for bankruptcy three times. His decision to leave the race was a blow for the Florida Democratic Parry, which just last week was touting his decision to "I take full responsibili- ty for my actions and apol- ogize co my supporters," Braswell said in a statement. "The bright spotlight of a statewide campaign has cast the ups and downs of my life into harsh relief, and 1 know that dris cam- paign is not the way I was meant to serve my tom- muniry." Braswell just last week announced his plan to challenge incumbent Re- publican Jeff Arwater. Flor- ida Democratic Party chairwoman Allison Tant called Braswell "exactly the kind of leader we need in Tallahassee." But after he announced his candidacy, The Florida Times -Union reported Braswell had Bled for bankruptcy three times in MO states. The latest was filed in 2008 and showed he had SSo9A00 in liabilities with only 6324,000 in assets. He then defaulted on a pay- ment plan. Republicans on Monday reveled in Braswell's deci- sion to drop out. 'To back a candidate in charge of Florida's financ- es vetting that candidates handling of his personal finances shows either a high level of in- competence or a new level of desperation for Allison T l," Republican Parry of Florida chairman Lenny Curry said in a statement When asked about Bras - well's decision to with- draw, a Democratic Party spokesman said he was a "self-made man who had ups and downs in his life." "He clearly wasn't ready for the rigors of statewide campaign, and so he has made the decision with his family and supporters to withdraw from the race," Joshua Karp said. Braswell had never run for political office. He held management positions with Wall Disney World for seven years before be- ing named to lead the Cen- tel Florida Urban League in 2010. He also served 13 years in de Marines. His decision to quickly depart underscores the trouble Democrats could have crying to recruit can- didates far the 2014 elec- tions. So far, no one has stepped forward to chal- lenge GOP Anomey Gen- eral Pam Bondi wbde the Democrat challenging Ag- riculture Commissioner Adam Putnam has raised less than 51,000 in outside donations. Four Democrats have fled for governor, includ- ing former state Sett Nan Rich. Former Cos. Charlie Grist, who last year switched to the Democrat- ic Parry, is seen as a likely contender for the job as well. CENTRAL FLORIDA Body of `recluse' unnoticed for years g The death of Geneva Chambers, described by neighbors as hostile and antisocial, has likely gone unnoticed for three years. BY LAURA C. MOREL lamps Bay Times LARGO — The neigh- bors thought Geneva Chambers had moved out. Spider webs dangled from the comers of her red front door. Dead leaves lit- tered the entryway. At night, lights never shone from the windows. But Chambers has been home all along. She was ly- ing dead on her bed, per- haps for as long as three years. A lawn maintenance worker who saw a sliding glass door ajar at 1420 YU- xander Way last Tuesday morning ventured inside. He discovered Cham- hers'corpse and called 911. Soon, detectives were trudging an and out of the house — probably more visitors than the home had seen in years. Chambers was recluse, neighbors said,a known for kicking neighbors off her property and rudely turning away a woman who offered her cookies. "It was her own inten- tion," said Frank Costa, who lives oss the street. "She preferred to stay very reclusive and hostile" Her cause of death is still pending. An autopsy Wednesday found no evi- dence of foul play, Largo police Lc. Stephen Slaugh- ter said County property re- cords show Chambers, who would be G8 if she were alive today, bought the home in November 2000. For several years, neighbors would see the garage door go up or hear gospel music coning from inside. Two or three years ago, they said, all signs of Cham- bers disappeared. Rumors swirled that she had aban- doned her home When the grass in her front yard grew tall, residents volunteered to trim it. Neighbors started walk- ing on thesrdeoalk in front of her house again. Some had avoided doing so when she was there. "le prevented the oppor- tunity for her to come out end yell," neighbor Juan Fernandina said. "She was antisociatDidn't really get along with anybody. There wasn't too many people that cared for her, that were concerned for her. Records show that in 2009, Chambers' home went into foreclosure. Code enforcement o(fs- cias plastered stickers on her house that read, "We found this property to be vaan ct/abandoned." Neighbor Hilton Veran- da, 59, moved into the house next door in Octo- ber 2010. "At that time, the house was empty;" he said. "No- body No tars. Nothing." After the lawn mainte- nance called 911 Tuesday morning, detec- tives quickly realized Chambers had been dead fora long same. Mali found inkier home was more than a year old. They are trying to deter- mine when Chambers last had contact with others. They found a pawn trans- action from April 2010 un- der her name. By June 2010, the electricity and water at the house were shut off. Chambers was es- tranged from her family in Miami, Slaughter said. They could not be reached for comment. "The big question in the air why some friends and some relatives didn't lay to consact her," Varanda, the neighbor, said, "Very sad situation. A very lonely person. What kind of life did she have?" No one in the neighbor- hood knows. APPENDIX B FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I CERTIFY that, I am the City Manager of the City of Miami, Florida (the "City"); as such I have satisfied myself that all property included or includable on the non -ad valorem assessment roll for solid waste services (the "Non -Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the Miami -Dade County Tax Collector on or before September 15, 2013. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Miami -Dade County Tax Collector and made part of the above -described Non -Ad Valorem Assessment Roll this day of September , 2013. CITY OF MIAMI, FLORIDA By: Johnny Martinez, P.E. City Manager B-1