Loading...
Agenda 11-07-13 The City of Boynton Beach DEVELOPMENT DEPARTMENT f ® BUILDING DIVISON 100 E. Boynton Beach Boulevard �A P.O. Box 310 Boynton Beach, Florida 33425 -0310 `& TEL: 561- 742 -6350 FAX: 561 - 7426357 www.boynton - beach.org September 30, 2013 Mr. Michael Bessell, Chairman 2657 SW 23 Cranbrook Drive Boynton Beach, FL 33436 RE: Berthilde Mondesir petition to reinstate Business Tax Receipt (Transcom Caribbean Market and CD) Vanel Jean - Gilles petition to reinstate Business Tax Receipt (Aux - Antilles Barber Shop) Dear Mr. Bessell and Board Members: Attached is the agenda for the November 7, 2013, meeting. The applicant, Ms. Berthilde Mondesir, represented by Attorney Kent Huffman, is requesting that her Business Tax Receipt, number 22596, be reinstated. Ms. Mondesir was notified on August 22, 2013, that her business was in violation of City Ordinance, Part II, Chapter 13, Section 13 -18. The second applicant, Mr. Vanel Jean - Gilles, is also requesting that his Business Tax Receipt, number 17814, be reinstated. An attempt to notify Mr. Jean -Gille was unsuccessfully made on August 22, 2013; he was then notified on October 1, 2013, that his business was in violation of City Ordinance, Part II, Chapter 13, Section 13 -18. Attorney James Cherof will be representing the City. Sincerely, i Nancy Byrne Director of Development Attachment Xc: Members of Building Board of Adjustment & Appeals City Commission Members Lori LaVerriere, Interim City Manager James Cherof, City Attorney Janet Prainto, City Clerk Recording Secretary Kent Huffman, Esquire, Hutchinson & Huffman, P.A. Mr. Vanel Jean - Gilles S: \Development \BUILDING \Building Board of Adjustments & Appeals\FY 2013 - 2014 \For 11 -7 -13 Packet \11 -07 -13 Notice of meeting.doc i AGENDA a� BUILDING BOARD OF ADJUSTMENT AND APPEALS DATE: Monday, November 07, 2013 TIME: 6:30 P.M. PLACE: BOYNTON BEACH CITY HALL COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD A. CALL TO ORDER — Michael Bessell, Chairman B. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS C. APPROVAL OF AGENDA & MINUTES (MINUTES OF 10 -11 -12 MEETING) D. APPEALS D.1. Applicant: Ken Huffman, Esquire, representing Berthilde Mondesir Reference: BTR — Transcom Caribbean Market & CD 1550 N Federal Hwy D.2. Applicant: Vanel Jean - Gilles Reference: BTR — Aux - Antilles Barber Shop 1600 -10 N Federal Hwy Explanation: Applicant is appealing Code of Ordinance, Part II, Chapter 13, Section 13 -18. E. OLD BUSINESS F. NEW BUSINESS None G. ANNOUNCEMENTS NOTICE Any person who decides to appeal any decision of the Building Board of Adjustment and Appeals with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. S: \Development \BUILDING \Building Board of Adjustments & Appeals\FY 2013 - 2014 \For 11 -7 -13 Packet \11 -07 -13 Agenda.doc jaw The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact the City Clerk's office, (561) 742 -6060, at least twenty -four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. XC: Members and Alternates of the Building Board of Adjustment & Appeals, Applicant(s), City Manager, City Attorney, City Clerk, Director of Development & Building Official Ken Huffman, Esquire, 515 North Flagler Dr. Suite 401, West Palm Beach, FL 33401 Berthilde Mondesir, 313 SW 1 st Avenue, Delray Beach, FL 33444 Vanel Jean - Gilles, P.O. Box 1014, Boynton Beach, FL 33425 S: \Development \BUILDING \Building Board of Adjustments & Appeals \FY 2013 - 2014 \For 11 -7 -13 Packet \11 -07 -13 Agenda.doc jaw MINUTES OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS MEETING. HELD ON THURSDAY, OCTOBER 11, 2012, AT 6:30 P.M. IN THE CHAMBERS AT CITY HALL 100 E. BOY BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Michael Bessell, Chair Andrew Mack, Engineer /Interim Beverly Agee Building Official Sanford Guritzky Shana Bridgeman, Board Counsel Richard Shores ABSENT: Timothy Rurey A. Call to Order Chair Bessell called the meeting to order at approximately 6:30 p.m. B. Acknowledgement of Members and Visitors Chair Bessell acknowledged the applicants were present, as were the Board members, Building Official, and City Attorney as noted above. C. Approval of Agenda and Minutes (Minutes of August 2, 2012, meeting) Motion Mr. Guritzky moved to approve the minutes. Ms. Agee seconded the motion that unanimously passed. D. Appeals Chair Bessell explained there were only four members present. The first item on the agenda required three affirmative votes and the second item required four affirmative votes. When the applicants were asked whether they wanted to proceed, they both agreed to proceed. Chair Bessell explained the City would present its testimony first, followed by the Applicant's. 1 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL October 11, 2012 Applicant: Todd Benson Reference: 1645 & 1665 Renaissance Commons Boulevard (Monteverde) Explanation: Applicant is appealing Section 105.4 and 105.4.13, inclusive of the City of Boynton Beach Administrative Amendments to the 2004 Florida Building Code to allow an additional extension. Ten extensions were previously granted. He is requesting that his permit applicant number 05 -4678 be extended for a period of twelve (12) months. There is a perspective buyer /contractor for the property; this will allow time for the new buyer to review plans and assess the work completed, comply with City requirements, and begin construction. Andrew Mack, Interim Building Official, explained this project was ongoing for some time. They received extensions and the project was an active project with an active permit. Staff felt it was in the City's best economic interest to move forward with the project and allow its construction. Currently, the applicant had a builder to take over the project; however, it would not be completed within a year. Mr. Mack explained he could only grant an extension for 90 days. The applicant was requesting a one -year extension predicating the need for the Board meeting. To -date, the City had granted 10, 90 -day extensions. Todd Benson, owner of Monteverde Land, thanked the Board and explained they took ownership slightly over two years ago. The condominium documents were originally drafted for one project and when the market changed, the prior developer did not complete it. When Mr. Benson took over, he spent a year and a half going through the process to bifurcate the land, making it a separate entity and obtaining the title policy. Because the project originally would be built as a second phase, there would be a pedestrian bridge that would connect the two properties. This no longer applied as the land was now a stand alone property. They had to pay Master Association Dues, CDD fees and it was expensive for them to carry the land. The three -month extensions were helpful, but they needed more time to get the lenders and banks on board. Mr. Benson distributed a handout which he reviewed. He also identified the site for the members. Discussion followed the applicant wanted a one -year extension and had already had 10, 90 -day extensions totaling 900 days. Chair Bessell inquired what guarantee the City had they would complete the project. Mr. Benson responded they did not receive prior extensions. They became involved in the project two years ago after the bifurcation. It was not feasible for anyone to 2 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL October 11, 2012 construct anything on the property until it was separated, which was just done within the past few months. As to assurances about the project, the fees associated with the land totaled nearly $300,000 so there was a lot of pressure to build. When asked if the applicant would agree to the stipulation that if the extension was granted, the project had to be substantially underway as it was seven years in the making. Mike Covelli, Land Planner, explained there were a number of plan changes needed to accommodate the project. It was possible they may not be completely finished. The applicant would need at least six to eight months just to make plan changes. On the first floor in the courtyard, they would widen the pool which required they take units out of the ground level so they could provide the amenity center that was required to support the facility. Storage areas on upper floors would be reconfigured. The prior project had the amenities contained in a satellite recreation area. Part of the reason for the pedestrian bridge was to go allow one to go to the other side to reach the satellite recreation area. It was not just picking up plans, and commencing construction. They had to ensure they had a viable project after construction. They anticipated it would take the Building Department at least one month to review the plans, which after the six to eight months for the plan changes, would be almost a year. At that point, they would have accomplished a substantial amount of work towards the project. A year's extension would end in 2013, and the applicant would be working under the 2005 Building Code. Chair Bessell noted the Code changed twice since 2005. and the Building Department would review the project against a Code that was eight years old, which was an additional burden. Mr. Covelli acknowledged the project would not be finished, but they would have advanced a substantial distance towards it. There were fairly substantial foundations already in the ground, constructed to accommodate multi- storied buildings, which was a critical part of the financial side of it. If those items had to be removed, it would be costly. Mr. Covelli believed they would have submitted a plan to the City within the first eight months of the extension and they would obtain an amended permit from the City. If the Board did not approve the request, they would continue to request 90 -day extensions to get through the process. Motion Mr. Guritzky moved to extend this for one year and the stipulation they would submit site plans to the City for approval within eight months of the extension as a condition. The extension would expire October 26, 2013. Attorney Bridgeman explained the motion was to approve the application or disapprove it. The Board could not add stipulations. Accordingly, the stipulation was withdrawn. Ms. Agee seconded the motion. 3 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL October 11, 2012 Mr. Mack explained in response to a question posed, that at the end of the one -year period, the applicant could either return to the Board for another extension or petition him for 90 -day extensions. Vote The Recording Secretary called the roll. The motion passed unanimously. Applicant: Renan Laurore Reference: 504 NW 12th Avenue Explanation: Applicant is appealing Section 105.4 and 105.4.1.3, inclusive, of the City of Boynton Beach Administrative Amendments to the 2004 Florida Building Code to allow an additional extension and also to submit a plan revision. Four extensions were previously granted. He is requesting that his permit applicant number 06 -7765 be extended to allow him to eliminate a blighted condition. Mr. Mack explained the applicant has been working on the project since 2006 and the project received four extensions. They had several site visits with the applicant, with the most recent being in 2012. They met to discuss how to further the project and at that time, the City was advised they would move forward with revisions and close the project out. There was, however, no movement after that except for one revision that did not go anywhere. In May, staff conducted a status check and since there was no movement, staff wanted finality. The matter went to Code Compliance in July and activity resumed since then. Mr. Mack explained the property has been a chronic nuisance. Photographs reflected individuals "hanging out" in the area and he would love the project to be completed and gone. Staff believed it was in the City's best interests to have the building demolished and removed from the site. Mr. Mack clarified the work was mainly to the interior, but some exterior work was needed. Discussion followed the project failed a number of electrical and plumbing inspections. There were several changes and work on the interior that was not per the plan. There were several contractors on the project which dragged on, and trying to rectify the issues and move forward was problematic. Reginald Cox, representing the applicant was present and explained he was the architect for the project and a certified Building Code Administrator. Chair Bessell reminded him four affirmative votes were needed for this project, which Mr. Cox acknowledged. He distributed a handout to the Board. 4 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL October 11, 2012 Mr. Cox explained this application was to eliminate a blighted condition. He commented there was some miscommunication when a revision was made in February. He agreed with Mr. Mack that work was done that was not per the plan, and when that occurs, resolution could occur in a number of ways. One way to do so with minor framing changes, not per plan, could be via an as -built at the end in order to keep the project moving. They had a tentative agreement to move forward in that manner, but after discussion with the Building Department, they decided not to pursue that route. The photographs indicated they were ready for an electrical, mechanical, and plumbing rough inspection, and a top out. These inspections were passed and drawings were submitted based on the changes made in the field. The drawings were in the Building Department and the applicant could Sheetrock the areas in the drawings and move forward. He noted it was difficult for a contractor, with vandalism and robbery throughout the project. The area was predominantly a residential area. The outside stucco needed to be painted. If granted the extension, the project was not far off from completion. When the Building Department reviewed the last drawings in February, the project was based on the 2004 Code, but some of the reviewers reviewed it under the 2007 Code, which caused delay. From a site walk conducted with the Building Department, those discrepancies were cleared and the Building Official and Assistant Building Official cleared them with the reviewers. At this point, the plans conformed with changes made in the field. The applicant was requesting the extension to finish the project and was unaware if the plans were approved. Mr. Mack clarified Mr. Cox submitted the changes with the application. The Department had not reviewed any revisions since July as the plans were out on comment and the application had expired. They were recently resubmitted; however, they were not resubmitted through the Building Department. The only way the applicant could submit revisions was to receive an extension from the Board. Mr. Cox came onboard with the project in approximately 2009. At the Board's request, Mr. Cox reviewed his credentials as a licensed Architect, a licensed Building Code Administrator, a licensed Plan Reviewer and a licensed Building Inspector. Chair Bessell inquired about granting a 90 -day extension and noted he did not request a time limit. Mr. Cox explained it was his experience that a six -month extension would be more realistic; however, with the holiday season, one year would be adequate. Mr. Mack preferred a 90 -day extension be given. If showing progress, he could extend it then. Motion Mr. Guritzky moved to extend this for 90 days. Mr. Shores seconded the motion. The Recording Secretary called the roll. 5 M eeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL October 11, 2012 The motion passed 4 -0. E . Old Business None. F. New Business None. G . Announce None. There being no further business to discuss, Chair Bessell adjourned the meeting at 7:04 p.m. ok)au�� Catherine Cherry Recording Secretary 101512 6 D.1. Transcom Caribbean Market & CD 1 � 1 I I B I a) I tr1 4 rd (•id I A 1 P P I {�y0al Or-1000 I•i0000 4-3 N N N LV i F•10000 •ri m M r'Mm , 0161 0161 a 8 Oo oD rr 4-3,-1000 0000 I N N N N O OLn iLn O M o m N MMN0 Ln , m I a) t O m I O � I •pa � I � U I - I L7 I' I H I °-• O 1 HO I 0000 Oro I z C 00 o I . H 1-7 I 0 I O I .jQa z 0 I W y.7 d 1 I � f >r �I O H bl - U I �4 QI H S4 I Om1 p 44 M ! a) N I 41 r-i O 1 M -ri N I y! (d M O I rd r4V0 +3zzzz m EI ° �Hxax m M I W w a) q a) 1 x N 0 a) rl I Ln 11 Ln -r � I a) °r1 a ri m U 1 m M d pU)p z >4 m >4 M HP4 m I 1 Wxa xa Vl 1 phl 1-1 61 Ln p W Ga 0) r-4 Ln µ � .<Hri z o 2 riH Iq UpWUpW I I r O M P4 1 1 C414zW14 r -i061H H Wen Wks zw Hw mrW 0 01F o pHPQ O z zrNS ON L.0 N a r UzOpzO H d1\r 9 \ Hn: m E-+ U P --.—. Ey dl r•I m O H x en v) M M en oz O° HHU ONM N E-+ ri E-+HHE-+ Ln >+ p Ln > to W F�G \m a \ P: m o L6 W W W W 1 mo MOMLOZ LnLn0 OD O WHWU) xxxx E-+ rap aC HM--H r U z W m r)— I I ® OWWWW d1 4-3 .riaf.4aa m 4- (d HF1E+p U co U) U) va 4 u2 H 44 m 4-3 m m W 0 4 m -H tx 04 a 04 ra 1 I a) m a) z 41 H p m a) rd m 23 -W m .... M W W W W \ r7 C7 1 p a) Q O G H �a O r - 4 r-i -ri 0 .� m N U U U U 6r FC x 1 'O N O x O M •... a) •r1 •• rd a N 4 a) a m b O O O O N H 04 I O z9 'O Z 124 O M p'[3 k G m a) 3 q o U �i a) ri g a a a \ r-< N 1 44 rd "O Qa U H a) Ld 3 n N .4) a) 0 U - ri -ri �a U C7 0 C7 0 o p p l q Ld >+ U C 4i O.q O (d G O O H • Q 'O W to L.6 W H H > I H m m U (d °ri 0 a) t-I "O a) E5 ° • U) 'O M 0) 6101 "4 p l m t3) m z • • M O Q; J 1 44 Lu U �I Ld m m W rd Ln Ln Ln Ln O M a) O a)Wm0 — 10rd0 0 cd02 M°•m ••r -I�IO NNNN a) p I M •• rl 00 � N J-) S 4 i 4 Q ri ra M 4 a) a) (d a) r-i O N N N N �i O H I d) a) -rI r-i -ri 124 U U ed (D (1) a) a) V gl -ri (d d) a) p C." -ri > a) -ri M O o o o Ld N I 9 5 M -ri m W Ld H U 4 i °OQ,Q, C ed rd I3 q Old O U - ri 4J Ld 0 O o O O Q, M S i ri rd O Id �J X V d) O Ld a) >v >y 04J 5 O •H 3'O ,C 0 �4 rd 5 d) o o o o 000 I M'z,p Z MMM F4QFX+FIE-IUMWFI M04 WU)ppW U I 11 1 �I )i m I M •Ho 61 COr WQ+b 1 0 m Ari000 f l� BOYNTON BEACH POLICE DEPT � Page 1 of BOYNTON BEACH, FL Supplementary Report # 13 03 3 317/1 v a-4 e- Not F..or Public :.Release I)ate/ittri Printed Mon' ±Aug 05 I2 s 45 32 1T 2t1y sptsils ase Title Location 135 NE 1ST AVE Date/Time Reported ate/Time Occurred 07/12/2013 14:46:27 07/12/2013 14:46:27 to 07/12/2013 14:46:27 Incident Type /Offense SET UP PROMOTE CONDUCT FOR MONEY(849.09.1A) Role Name ex (lace a DOB Phone ddress 1 INVOLVED PARTY TRANSCOM MARKET AND (home) 1550 N FEDERAL HWY CD , (cell) BOYNTON BEACH, FL (home) (cell) ill I I all Status Name Sex lRace Aae IDOB Phone Address (home) (cell) (home) (cell) Role a ear Make odel Color ]Req # IState tolen $ Rec Code Date Rec Rec $ Rec B ® C lass Descri tion Make Model Serial # aiue 1 MISCELLANEOUS BOLITA TICKET On Friday, July 12, 2013 your Affiant met with Palm Beach County Deputy Sheriff O. Vessage ID 8493 and arranged for him to purchase a Bolita ticket while operating in an undercover capacity. Deputy Vessage was instructed to purchase the numbers 13 for $5 and 31 for $5. This is common street language used by Bolita players to request the lottery numbers they wish to play, in this instance the numbers 13 and 31 for a total of $10 dollars. Deputy Vessage was supplied $20 US currency from the Boynton Beach Police Department investigative funds and covert recording devices for the purchase of these tickets. (Continued on next page) =1111111 1!11 9111 •• 1 SPRUILLS(803) SPRUILLS(803) (07/15/2013 12:52:02)1 (08/05/2013 12:45:22)1 BOYNTON BEACH POLICE DEPT Page 2 of 2 BOYNTON BEACH, FL Supplementary Report # 13 03 3 317/1 ase Title ocation 135 NE IST AVE D ate/Time Reported ate/Time Occurred 07/12/2013 14:46:27 07 12 2013 14:46:27 to 07/12/2013 14:46:27 ncident Type /Offense ISET UP PROMOTE CONDUCT FOR MONEY(849,09.IA) M . MI At approximately 11:51 AM, Deputy Vessage entered Transcom Market and CS Inc. located at 1550 North Federal Hwy, Suite 11, and followed two black males to the rear, south side of the store. Once there, he made contact with two black males inside a booth that was surrounded by cardboard. The booth had two small glass windows. There were numerous carbonless papers that were on a shelf near the booth and he observed two black males in their mid 20's to late 30's inside the booth. Deputy Vessage wrote the numbers 13 and 31 on one of the carbonless papers and on the right side of each number wrote $5 which indicated that he would like to wager $5 on number 13 and $5 on number 31. Deputy Vessage handed it to one of the black males under the cardboard, along with $20 US currency that was previously obtained from investigative funds. After receiving payment, one of the black males stamped the paper and returned the yellow copy with $11 USC change to Deputy Vessage. After leaving the business, I met with Deputy Vessage and took custody of the Bolita ticket. The ticket was scanned and the original was placed into BBPD evidence. [P UI L t 3 } I SP UII�S 03 } ® ®N BEACH POLICE DEPT Page l of 2 BOYN TON BEACH, FL Supplementary Report #13033318/1 riot ,F R.ublic .l:eleas:� ' s ' Date/T'uy%@ �nted.Mpn'Aug 05 12:46 17 :EDT 2.O�y .spruills _ C ase Title Location 135 NE 1ST AVE DateMme Reported Date/Time Occurred 07/12/2013 14:46:53 07/12/2013 14:46:53 to 07/12/2013 14:46:53 Incident Type /Offense SET UP PROMOTE CONDUCT FOR MONEY(849.09.1A) MIN n_ 111 1 R ole Name Sex Race Aqe IDOB Phone Address 1 INVOLVED PARTY TRANSCOM MARKET AND (home) 1550 N FEDERAL ENY CD, (cell) BOYNTON BEACH, FL (home) (cell) ____________ 1 Status Name Sex lRace Aqe DOB (Phone Address (home) (cell) (home) (cell) NUNN R ole Type Year IMake Model olor eg # 15tate S tolen Rec Code Date Rec Rec $ Rec B C lass Description Make Model Serial # Value 1 MISCELLANEOUS BOLITA TICKET On Friday, July 12, 2013 your Affiant met with Palm Beach County Deputy Sheriff O. Vessage ID 8493 and arranged for him to purchase a Bolita ticket while operating in an undercover capacity. Deputy Vessage was instructed to purchase the numbers 13 for $5 and 31 for $5. This is common street language used by Bolita players to request the lottery numbers they wish to play, in this instance the numbers 13 and 31 for a total of $10 dollars. Deputy Vessage was supplied $20 US currency from the Boynton Beach Police Department investigative funds and covert recording devices for the purchase of these tickets. (Continued on next page) I SPRUILLS( � 07 /15/2013 13:26:43)1 I SPRUILLS(80 (0 ) 8 10512013 12:46:15)( BOYNTON BEACH POLICE DEPT Pa oft BOYNTON BEACH, FL . Supplementary Report #13033318/1 No ,1?i�r, >P�ibiuc Fteieas T3at isra2el'Xifft d:•NoY:'Au 0.5 12-.46-17 ase Title ocation :::: ic7/12/2013 35 NE 1ST AVE ate/Time Reported ate/Time Occurred [07/12/2013 14:46:53 14:46:53 to 07/12/2013 14:46:53 ncident Type /Offense ISET UP PROMOTE CONDUCT FOR MONEY(849.09.IA) .. ME At approximately 1:50 PM, Deputy Vessage entered Transcom Market and CS Inc. located at 1550 North Federal Hwy, Suite 11, and walked over to a cardboard booth being operated by two black males in south side of the store. Once there, he made contact with the same two black males inside the booth that were there during the previous Bolita purchase (refer to BBPD #13- 033317 for further). The booth had two small glass windows. There were numerous carbonless papers that were on a shelf near the booth and Deputy Vessage wrote the numbers 13 and 31 on one of the carbonless papers and on the right side of each number wrote $5 which indicated that he would like to wager $5 on number 13 and $5 on number 31. Deputy Vessage handed it to one of the black males under the cardboard, along with $20 US currency that was previously obtained from investigative funds. One of the black males took the carbonless paper, stamped it and returned the yellow copy with $11 USC change. After leaving the business, I met with Deputy Vessage and took custody of the Bolita ticket. The ticket was scanned and the original was placed into BBPD evidence. i m- li ; 1110 1 1 i : : i i, a S UIS( ) -- _ I ISP UILS(80) BOYN BEACH POLICE DEPT Pa 1 of 4 BOYNTO BEACH, FL �. Supplementary Report #13036203/1 Approved Fir Pul 3.i c Ytevd . ''; Date /Time Pnn*]!d'bn .Aug :05 13 4 03 44 ;EDT 2 E1 By sgrul-L s C ase Title Location 1515 N FEDERAL HWY (11) D ate/Time Reported Date/Time Occurred 07/26/2013 19:19:08 07/26/2013 19:19:08 to 07/26/2013 19:19:08 Incident Type /Offense VICE CONFIDENTIAL(VCFA) ole Name ex Race a DOB Phone A ddress (home) (cell) (home) 1 (cell) 1! loilig S tatus Name Sex lRace Age IDOB Phone Address 1 DEFENDANT PROSPER, ALEX HUE BLACK 32 02/17/1981 (home) 903 MEADOWS CIR (cell) BOYNTON BEACH, FL 561- 767 -1775 DEFENDANT PACIUS, FRANTZ KALE BLACK 40 09/23/1972 (home) 2910 SE 2ND ST 5617520166 BOYNTON BEACH, FL (cell) Role Type Year IMake Model Color Re # State tolen $ Rec Code Date Rec Rec $ Rec B C lass Description Make Model Serial # clue 1 MISCELLANEOUS BOLITA LOTTERY TICKET ON COMPERE 2 MISCELLANEOUS BOLITA LOTTERY TICKET ON PIERRE On 07 -26 -2013 at approximately 1858 hours Agents from the Boynton Beach Police Department executed a search warrant at Transcom Market and CD located at 1550 North Federal Highway Suite 11, in the City of Boynton Beach, FL in reference to the stores participation in the selling of illegal lottery tickets known as Bolita. The warrant was signed by the Honorable Meenu Sasser. Upon execution of the warrant, Officers immediately attempted to secure the rear of the store, where they had received information that a Bolita sales booth was located. While approaching the booth /room located in the southeastern corner (Continued on next page) • _ ® a 1 SPRUILLS(803) MATSONC(698) (07126/2013 22:41:26)1 1 (08/05/2013 09:44:27)] BOYN TON BEACH PO LICE D EPT Page 2 of 4 BOYN TON BEACH, FL Supplementary eort #13036203/1 Apgraved For Pub;iC V ®w telunePrintecl T4on Aug 0.5 13 :03 :44 s>C ?� 2OBy: Ispruila C ase Title Location 1515 N FEDERAL HWY (11) Datelrime Reported Date/Time Occurred 07/26/2013 19:19:08 07/26/2013 19:19:08 to 07/26/2013 19:19:08 Incident Type /Offense VICE CONFIDENTIAL(VCFA) Role m Name Sex Race a DOB Phone ddress (home) (cell) (home) (cell) 211 ENEEMENEENEW tatus Name Sex IRace Ag I DOB Phone Address DEFENDANT COUYOUTE, DIEURESTE MALE BLACK 41 08/25/1971 (home) 18 SOUTHERN 3 (cell) CROSS CIR BB, FL 8807304 DEFENDANT PIERRE, SIMON 14ALE BLACK 36 05/31/1977 (home) 407 NE 17TH AVE 561- 255 -0654 BOYNTON BEACH, FL (cell) Role pe Year Make odel or Re # State tolen $ Rec Code Date Ree ec $ Rec B C lass Description Make Model Serial # Value of the store, officer's observed B/M Pierre, Simone DOB /05 -31 -1977 standing at the glass window of the booth. Based on previous intelligence, Officer's knew this to be the location where the Bolita tickets were being sold. Upon seeing officer's Pierre threw white and yellow tickets onto the floor. The tickets were recognized by officer's as being Bolita lottery tickets and Pierre was arrested. Officer's located an additional ticket in Pierre's wallet. Officer's gained entry into the booth and located B/M Pacius, Frantz DOB/09 -23 -1972, B/M Couyoute, Dieureste DOB/08 -25 -1971 and B/M Prosper, Alex DOB /02 -17 -1981 inside. (Continued on next page) ® • dY I 0 SPRUILLS(803) MATSONC(698) (07/2612013 22:41 :26) 08 05 2013 09x44 :27 BOYNTON BEACH POLICE DEPT Page 3 of 4 BOYNTON BEACH, FL Supplementary Report #13036203/1 Approvedo Pui;lc Y aw Date/T)lne �rintet �pn Aug 0,5 13 r 03 ; 44 SDT 2p By sprti$ls C ase Title Location 1515 N FEDERAL HWY (11) Date/Time Reported Date/Time Occurred 07/26/2013 19:19:08 07/26/2013 19:19:08 to 07/26/2013 19:19:08 Incident Type /Offense VICE CONFIDENTIAL(VCFA) Role Name ex lRace a DOB Phone Address (home) (cell) (home) (cell) Offenders (Continued from page 2) 1 EMEM lin vi se; 1 S tatus Name Sex Race Acie IDOB Phone Address 5 DEFENDANT COMPERE, LAUMANE MALE BLACK 50 06/06/1963 (home) 1551 STONEHAVEN (cell) DR S07rN'PON BEACH, FL 561- 932 -5656 (home) (cell) Role pe Year Make odel Color 7Reg# tate tolen $ Rec Code Date Rec Rec $ Rec B IN Vass Description Make Model Serial # Value The inside of the booth had numerous contraband that identified it as being the location that was being used to operate and conduct the illegal lottery from. The contraband included blank Bolita tickets, used Bolita tickets, a time stamping device, paid stamp, sales logs, and US currency. Pacius, Couyoute and Prosper were arrested. While conducting a search of the business, B/M Compere, Laumane DOB /06 -06 -1963 was also found to be in possession of a Bolita lottery ticket. Compere and Pierre were arrested for possession of an illegal lottery ticket (Continued on next page) SPRVILLS(803) MATSONC(698) (07/2612013 22:41:26) 08 05 2013 09:44:27 k BOYNTON BEACH POLICE DEPT Pa 4 of 4 BOYNTON BEACH, FL Supplementary Report # 13 03 6203/1 A roved For P��,ad 'View ,. 'i ;DateJTirte Pxi�fet( Mon 'Au 05. 13::•03 44..EDT 2UB, , sprui��'s ase Title Location 1515 N FEDERAL HWY 11 ate/Time Reported ate/Time Occurred 07/26/2013 19:19:08 07/26/2013 19:19:08 to 07/26/2013 19:19:08 ncident Type /Offense VICE CONFIDENTIAL(VCFA) Mi per FSS 849.09() and were released on scene with a Notice to Appear. Pacius, Couyoute and Prosper were arrested for conducting an unlawful lottery per FSS 849.09(1)(A)(B)(D). They were transported to BBPD for processing and later to Palm Beach County Jail. P L (803) I I TSONC(698) THE CITY OF BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT AND APPEALS IN RE: TRANSCOM CARIBBEAN MARKET Appeal of Business Tax Receipt Revocation SUBPOENA FOR TESTIMONY THE STATE OF FLORIDA: TO: Deputy Oman Vessage, ID# 8493 Palm Beach Sheriff's Office District 1 3228 Gun Club Road West Palm Beach, FL 33406 YOU ARE COMMANDED to appear before the City of Boynton Beach Building Board of Adjustment and Appeals, City of Boynton Beach City Hall, Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425 -0310, on Thursday, November 7, 2013 at 6:30 p.m., to testify in this action. You are subpoenaed to appear by the Building Board of Adjustment and Appeals, and unless excused from this subpoena by the Building Board of Adjustment and Appeals, you shall respond to this subpoena as directed. DATED: October ; , 2013 M' ael Bessell, Chariman Building Board of Adjustment and Appeals Prepared by: /Bra! Maravent Assistant City Attorney H:\ GOV CLIENTSM 306\9904950\BB Subpoena.doex The City ofBoynton Beach 'D DEVELOPMENT DEPARTMENT DIRECTORS OFFICE 100 E. Boynton each Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6372 www.boyntan -beach.org August 22, 2013 VIA REGULAR AND CERTIFIED U.S. MAIL RETURN RECEIPT REQUESTED Ms. Berthilde Mondesir 313 SW 'I' Avenue Delray Beach, FL 33444 RE: Notice of Business Tax Receipt Revocation Dear Ms. Mondesir: Pursuant to Part 11, Chapter 13, Section 13-18 of the City of Boynton each Code of Ordinances, the City of Boynton each is hereby providing you with Notice of Revocation oft Business Tax Receipts for the business known as Transcorn Caribbean Market and CD which is located at 1550 N. Federal Highway, #11, Boynton Beach, Florida. The City is revoking the Business Tax Receipt, effective September 6, 2013, due to the following violations of state and local laws as evidenced by the charges documented in Boynton each Police Department Report #13033317/1 dated August 5, 2013: • Set up, promote, or conduct a lottery for money (849.09(1)(a), F.S.) A copy of the relevant City Code of Ordinance sections are attached for your reference. Section 13-18(d) of the City of Boynton each Code of Ordinances provides for the right to appeal the revocation of the Business Tax Receipt. If you desire to appeal the revocation, you must submit your appeal, in writing, to the City Clerk no later than September 6, 2013. The appeal will then be heard by the City's Building or of Adjustment. PLEASE GOVERN YOURSELF ACCORDINGLY. Sincerely, Nancy Bjn Director of Development cc: Mayor Jerry Taylor and Members of the City Commission Lori LaVerriere, City Manager James A. rof, City Attorney File Breeze into Boynton Beach! America's Gateway to the Guffistream S:\Development\Administration\Correspondence\2013\Carribean Market BTR Revocation.doc Page I of 2 Boynton Beach, FL Code of Ordinances See. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal. (a) The city may refuse to issue, reissue or transfer any Certificate of Use or Business Tax Receipt provided for in this chapter when: (1) Issuance will result in the violation of applicable city, county, federal or state law, or (2) When the City's Code Enforcement Board has issued an order finding a code violation and the violation has not been corrected, or (3) When the City's Code Enforcement Board has issued an order imposing a fine and the fine remains unpaid. (b) In the case of refusal to issue, reissue or transfer any Certificate of Use or Business Tax Receipt on one of the foregoing grounds, the city shall notify the business applicant or Business Tax Receipt holder in writing the basis for such refusal to issue, reissue or transfer a Certificate of Use or Business Tax Receipt with specific reference to the provisions of the City Code or Code Board Order which the city asserts constitutes grounds for denial. (c) The city shall have the right and authority to revoke, with fifteen (15) days written notice, any Certificate of Use or Business Tax Receipt granted under this chapter and issued to any person, whenever it is made to appear that the business method or operation or work being conducted or carried on by the business constitutes the violation of any applicable city, county, or state law. (d) An applicant who is denied issuance, reissuance or transfer of a Certificate of Use or Business Tax Receipt or whose Certificate of Use or Business Tax Receipt has been revoked may, within ten (10) calendar days of the denial or revocation, file a written appeal of the denial or revocation to the Building Board of Adjustment. The Notice of Appeal shall be filed with the City Clerk. (e) The Board shall meet within thirty (30) days and shall conduct a quasi-judicial evidentiary hearing. The initial burden of proof shall be on the City to establish that the refusal or denial to issue, reissue or transfer a Certificate of Use or Business Tax Receipt is based on the grounds as set forth in division (a) above. The burden then shifts to the applicant to prove that the applicant is exempt from application of the City, County, Federal or State law, that the Code violation has been corrected, or that the Code Board fine has been paid. The Board shall issue a final order with findings of fact. (f) The decision of the Building Board of Adjustment shall be final and shall only be subject to review by writ of certiorari to Palm Beach County Circuit Court. (g) A Notice of Appeal stays the denial or revocation of the license until the appeal process is completed. (h) When denial of the issuance or reissuance of a license is based on division (a)(3) above, the Notice of Appeal shall be accompanied by payment of the outstanding Code violation fine. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-071, § 2, 7-18-06; Ord. No. 06- 096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Disclaimer: http://www.ainlegal.com/alpscripts/get-content.aspx 8/21/2013 HUTCHINSON & HUFFMAN, P.A. ATTORNEYS AT LAW 515 NORTH FLAGLER DRIVE — SUITE 401 WEST PALM BEACH, FLORIDA 33401 Telephone: (561) 838-9793 Fax: (561) 838-9034 www.hutchhufflaw.com Kent Huffman, Esquire Direct Fax: (561) 515-3182 kent@hutchhufflaw.com September 6, 2013 City Clerk City of Boynton Beach 100 East Boynton each Boulevard P.O. Box 310 Boynton Beach, FL 33425 -0310 Re: Berthilde Mondesir Dear Madam or Sir: This office has been retained to represent Berthilde Mondesir with respect to the revocation of her Business Tax Receipt. This letter should serve as a notice of appeal of the revocation of Ms. Mondesir's Business Tax Recipt, and to request a hearing of before the Building Board of Adjustment. The basis for the appeal is that the acts complained of, if performed at all, were performed by others, not under the direction, supervision or control of Ms. Mondesir. Please notify me of the date and time of such hearing. Thank you. Sincerely, KWmac FIL I E - i-q , ; IS 11,11 11 it of Boynton Beach OCT - 7 20113 Department of Development Developmentl Depatiment (D. Building Division BUILDING BOARD OF ADJUSTMENT AND APPEALS APPLICATION Sub mitial Deadline: 30 days after decision is rendered by the Building Division Please print or type Submittal Date: 9/27113 Filing Fee: $100 payable to the City of Boynton Beach The undersigned owner(s) hereby respectfully petition(s) the Building Board of Adjustment and Appeals to grant to petitioner(s) an appeal of decisions and interpretations of the Building Official and consider variances of the technical codes: Section(s) to be appealed: Part 11, Chapter 1 - 3, Section 13-18 Property involved is described as follows: Lot(s) Block Subdivision Plat Book Page or otherwise described as follows: Property Address: 1550 N. Federal Highway, Unit 11, Boynton Beach, FL Name and Address of Owner: Business is owned by Berthilde Mondesir Name of Applicant: Berthilde Mondesir, by Counsel: Kent Huffman, Esq. Applicant's Phone Number: 561-838-9793 1 A Date: 9/27/13 re Applicant THE NOTICE OF APPEALS SHALL CONTAIN: 1. A clear and concise statement of the order and decision of the Building Official sought to be appealed and the date thereof. 2. The reasons for which the appeal is taken and a definite and detailed statement of relief sought from the Building Board of Adjustment and Appeals. 3. The notice of appeal shall be signed by the applicant or his/her duly authorized agent and it shall have appended to it copies of any plans, drawings, rules or regulations or other documents that would be pertinent and materials to the hearing of the appeal. In the case of a building or structure, which, in the opinion of the Building Official, is unsafe or dangerous, the Building Official may, in his decision, limit the time for such appeal to a shorter period. 100 East Boynton Beach Blvd, PO Box 310, Boynton Beach FL 33425-0310 Phone: (561) 742-6350 Fax: (561) 742-6357 S.V)evelopmer?tWulldingtFomis&TemplatesVn-HouselBuilding Board of Adjustment and Appeals Application (4(93,7)95,10195,2104) HUTCHINSON & HUFFMAN, P.A. ATTORNEYS AT LAW 515 NORTH FLAGLER DRIVE — SUITE 401 WEST PALM BEACH, FLORIDA 33401 Telephone: (561) 838-9793 Fax: (561) 838-9034 www.hutchhufflaw.corn Kent Huffman, Esquire Direct Fax: (561) 515-3182 kent(@?hutctihufflaw.com SUPPLEMENT TO APPEAL APPLICATION To: Building Board of Adjustment and Appeals, City of Boynton each From: Kent Huffman, Esquire, Attorney for Applicant Applicant: Berthilde Mondesir —1550 N. Federal Highway, Unit 11, Boynton Beach, FL 1. This is an appeal of a revocation of the Business Tax Receipt of the reference person and business. The notice of revocation was dated August 22, 2013, and cited the reason for the revocation to be the fact that a third party was alleged to have been conducting an illegal lottery on the premises. A Notice of Appeal was sent in a timely manner. 2. This appeal is taken because the person who was cited for conducting an illegal lottery on the premises was a sub-tenant of the Applicant. The Applicant is carrying on legal business in the premises, and was not aware that the sub-tenant was conducting illegal activities on the premises. The sub-tenant has been evicted and barred from the premises. No ffirther allegedly illegal activities of any sort will be permitted on the premises. This appeal is taken for the purpose of requesting that the Applicant's Business Tax Receipt be reinstated. t tog C6 cC) t $ # tai e_ 2 Ago z p Mw aw AYZ mix Yf SAA a A •�, M A M R Wk not 0111y, s yq. WAS s to " s� q E VA, Ia co imp p® C � l P4 C6 Ya' 222f'4E°� Sq� 28+�' `fig" d r qd In co �P bx ' EX& mum w3 p D.2. Aux - Antilles Barber Shop H t bl M 04 r 6 Q I ! OMN HOQ1w r• 1D ln � € O Hr-I r-I r-I000000 E •H c)oc)0000000 J.J NNNNNNNNNN i }10000000000 •rI MMMMMMMMMM a O�a�a�0A01T 016�a101 E ! ONHoalwr•lamvv € 4JHHHO000000 MmNmorlvHom E 0 0 0 0 0 0 0 0 0 0 I N N N N N N N N N N r O O N N N M O N M N N � wmwmrnr• i H a w E O I O w t O C I °ri aJ I 1J U I -rl t a I H I r-10 I 0000OOOOOo 0 r1 + 0 0 0 0 0 0 0 0 0 0 oz Ha 00 o r1 wa I no e Q •• 41 O � tp O . O C S4 0'w 0 H }4 Od . J4 44 M a) En 1 w -u r-1 kD O w -a r-I 41 E4-)0 rd ZZZZZZZZZZ Q) dlJH w •d w w1 a a) G a) 1 0 C a) C i x Ln En rn -r-I a) -ra ' cn O M N M �u� x mwx I w>4m M a M �axa a a mF4 W rn 0 >w �"En E rq�U M M W O -4UUri WW4d4ar H O w KCQC� i OQW I v p' M WE-IWW I I woo�P, r 0MMWN H W H •d1 W \O 0 0 0 0 a H p E yrw z r„ > e9+ N dI P: N H Z .ry h ! Zjz®x®O H rl \rl (34 \ O.'�bC� e � W �+Ia 11 H \r-f,4 \ r I O ID 1 io0001n Z NIn0 wO WM001n E �HW0.e 0.1 OH Us C/) Z �]d ()Q W`•" I I dI i 4.J •ri W Cd5 r/a cq a] V) a] r/) V] r!J M i 1-J 111 111 04 C4 0.e 04 04 PI L4 W 00000000000 O's P C .. oxxxxxxxxxx ® . • Q 0 6].1 •. • • •ri C/) C/7 Ul U) U] Cf) C!) Cf) r/] Cl) -H w •• •• H 44 -r-I w •• (� •• W M I Ja (a w •• a) L' ••.0 w Pat •° '✓r al °Pal p' Ix 04 Ix (2. 0.4 PS 0.4 P: P: H i a) w a)C u H Qwa)rd wz3 .u w•••• wWWWWWWWWWW a) H I rO 5 O 0 r. 0 w •• • ° a) -r •• O4J W k4 a)d -) O (d [ P .� a r m � f r� J c m �r c � n cn r m CQ N Pa i 0 rd r0 Al 04 O WQrOX0 w a)3C a) � U rad aGr UJa 1 4x� \Cra N I W (a b P+ U O H a) (d 3 C p .0 a) C u •r1 -r1 P CJ m m P4 W 0.1 m m W m Pn oQ I 0 rd >. U q 041 O,g0(dgO (vr1.Q°O 1w vwIT 10 l+Vwww� H p >-I I H w w U rd •I°I C a) 41 rd a) 5 U) rd r-I H r4 r-I H- r1 r-1 H r4 x14 1 w M w C M0 0I- 14444 U �4 rd w w44 rd wwwwwwwwww 0 E w a) C a) a) w C7 O -r1 O Id O O Ed w w .. w • • r-1 Ja O r- r• r- r- r r- r• r- r- r- a) Q I w•• C -4 C M C N W .0 N �4 O r-1 r-I w r 4 a) w Id a) r-1 a) H r-I H r-1 H r-I H r-I H H �4 (d H I 0 a) -r1 r-1 -r-I J4 4.1 U Ed v a) a) w .0 a.) •r1 0 d O Ja O •r1 > a) -H w 0 0 0 O O 0 0 0 0 0 M 4 1 q w - w a) (d W u4jro p p,C (d rd 4-) . O ) - r1AJ (d 00C300000000 Q 1 °ri w O (d C r= 4J v ,.yy O rd a) >>+04J f5 O °rl $ZS C O p Id O wOOOOoOOOOO 00 0 1 wZM X WW U) Al lQr- 4EIE�UWWH M09 NMQQW U I 11 I I I I I I I s4 S4 w 1 O 41 O •Pad M N rio m w r- \4 In v PI a4 I-) I pq O m a r-I r-1 r-1 r-I O 0 o o o o BOYNTON BEACH POLICE DEPT J Lr ) T Page 1 of 2 BOYNTON BEACH, FL ! Supplementary Report #13033334/1 Nat E'or Public :Rg ease Date/Thne PnntEd.NOn ::Aug 05 06 r23 o6'' ]31?T 20BY :.SPruil'1� ase Title Location 100 E BOYNTON BEACH BLVD Date/Time Reported Date/Time Occurred 07/12/2013 15:57:46 07/12/2013 15:57:46 to 07/12/2013 15:57:46 Incident Type /Offense VICE CONFIDENTIAL(VCFA) r. Role Name Sex Race Aqe DOB Phone ddress (home) (cell) (home) (cell) Status Name Sex Race Age DOB Phone Address (home) (cell) (home) (cell) Role ype ar Make odel color Reg # tote tolen Rec Code Date Rec Rec $ Rec B r C lass Description Make Model Serial # alue 1 MISCELLANEOUS BOLITA LOTTERY TICKET - On Friday, July 12, 2013 your Affiant met with Palm Beach County Deputy Sheriff 0. Vessage ID 8493 and arranged for him to purchase a Bolita ticket while operating in an undercover capacity. Deputy Vessage was instructed to purchase the numbers 13 for $5 and 31 for $5. This is common street language used by Bolita players to request the lottery numbers they wish to play, in this instance the numbers 13 and 31 for a total of $10 dollars. Deputy Vessage was supplied $20 US currency from the Boynton Beach Police Department investigative funds and covert recording devices for the purchase of these tickets. (Continued on next page) Re po rt i n g O ff ic e r I MORANT(90 ( 07 /22/2013 07:39:56)1 1 SPRIIILLS(80 ` ) 8 / 01 /2013 15:50:59)1 BOYNTON BEACH POLICE DEPT Page 2 of BOYNTON BEACH, FL Supplementary Report #13033334/1 Npt F,or" Public 'Release ]?ate/Time Printed: Mon Au .:05 " 06 :23:06" 'EDT 2i0B : s .ruills ase Title Location 100 E BOYNTON BEACH BLVD Date/Time Reported ate/Time Occurred 07/12/2013 15:57:46 07/12/2013 15:57:46 to 07/12/2013 15:57:46 ncident Type /Offense At approximately 1:42 PM, Deputy Vessage entered Aux Antilles Barber Shop located at 1600 North Federal Hwy, Suite 10: Upon entering the store through the front door which faces west, Deputy Vessage then walked through a back door that leads toward the rear of the shop where he made contact with a white or Hispanic male approx. early 20s, sitting behind a glass window inside a booth. He was the same person Deputy Vessage purchased from earlier in the day, reference BBPD case 13- 33326. There were several pieces of white paper that were outside of the glass. Deputy Vessage grabbed a piece of white paper and he wrote the number 13 and 31 on it. On the right side of each number Deputy Vessage wrote $5 which indicated he would like to wager $5 on number 13 and $5 on number 31. Deputy Vessage handed the piece of carbonless paper to the male behind the glass window together with $10 US currency supplied to him from the Boynton Beach Police Department investigative fund. The W/M took the white piece paper and the $10 US currency from Deputy Vessage; the W/M then returned back to Deputy Vessage a printed out white piece of paper with the numbers he played on it. After leaving the business, your affiant met with Deputy Vessage and took custody of the Bolita ticket. The ticket was scanned and the original was placed into BBPD evidence. IBM I (904) I ISPRILLS(803) I BOYNTON BEACH POLICE DEPT Page 1 of 2 BOYNTON BEACH, FL Supplementary Report #13033326/1 Not For Public Release Date/Tinae PrinEed.Mon Aug' 05..' 06:24 38 `sEDT 20 By: spruilas C ase Title Location 135 NE 1ST AVE Date/Time Reported Date/Time Occurred 07/12/2013 15:13:51 07/12/2013 15:13:51 to 07/12/2013 15:13:51 Incident Type /Offense VICE CONFIDENTIAL(VCFA) Role Name Sex Mace a DOB Phone Address (home) (cell) (home) (cell) ® " S tatus Name ex Race a OB Phone Address (home) (cell) (home) (cell) Ole Type Year Make odel Color lReq # State tolen $ Rec Code Date Rec Rec $ Rec B a� C lass Descrip Make Model Serial # Value 1 MISCELLANEOUS BOLITA LOTTERY TICKET MEN= SOMEONE= f On Friday, July 12, 2013 I met with Palm Beach County Deputy Sheriff O. Vessage ID 8493 and arranged for him to purchase a Bolita ticket while operating in an undercover capacity. Deputy Vessage was instructed to purchase the numbers 13 for $5 and 31 for $5. This is common street language used by Bolita players to request the lottery numbers they wish to play, in this instance the numbers 13 and 31 for a total of $10 dollars. Deputy Vessage was supplied $20 US currency from the Boynton Beach Police Department investigative funds and covert recording devices for the purchase of these tickets. (Continued on next page) Rep i , , • MORANT(904) SPRUILLS(803) (07/22/2013 07:03:57)1 I (08/01/2013 15:49:41)1 BOYNTON BEACH POLICE DEPT Page 2 of BOYNTON BEACH, FL Supplementary Report #13033326/1 Not For Public Release Date/TilnePrinted:Mon Au ..05 06:24:38: EDT 20B : "spruills ase Title ocation 135 NE 1ST AVE Date/Time Reported ate/Time Occurred 07/12/2013 15:13:51 07 12 2013 15:13:51 to 07/12/2013 15:13:51 ncident Type /Offense VICE CONFIDENTIAL(VCFA) .« a : At approximately 11:42 AM, Deputy Vessage entered Aux Antilles Barber Shop located at 1600 North Federal Hwy, Suite 10, and made contact with a black male approximately mid -20 to 30s. Deputy Vessage advised him in Creole that he would like to play a Bolita number. The B/M then directed Deputy Vessage to a door on the back of the store, toward the rear exit door. Deputy Vessage then proceeded toward the back as directed where he made contact with a white or Hispanic male approx. early 20s, sitting behind a glass window inside a booth. There were several pieces of white paper that were outside of the glass. Deputy Vessage grabbed a piece of white paper and he wrote the number 13 and 31 on it. On the right side of each number Deputy Vessage wrote $5 which indicated he would like to wager $5 on number 13 and $5 on number 31. Deputy Vessage handed the piece of carbonless paper to the male behind the glass window together with $10 US currency supplied to him from the Boynton Beach Police Department investigative fund. The W/M took the white piece paper and the $10 US currency from Deputy Vessage; the W/M then returned back to Deputy Vessage a printed out white piece of paper with the numbers he played on it. After leaving the business, your affiant met with Deputy Vessage and took custody of the Bolita ticket. The ticket was scanned and the original was placed into BBPD evidence. IMORANTJU4)_ ] [S RU Lj ( BOYNTON BEACH POLICE DEPT Page 1 of 3 BOYNTON BEACH, FL Supplementary Report # 13 03 6220/1 Approved For Public -View, _.� * Uate/ltte Printed Moi: Aug (i:5 13 .'I i 07 ;EDT R_ �Fru3.11s C ase Title Location 1600 N FEDERAL HWY Date/Time Reported Date/Time Occurred 07/26/2013 20:48:39 07/26/2013 20:48:39 to 07/26/2013 20:48:39 Incident Type /Offense SET UP PROMOTE CONDUCT FOR MONEY(849.09.1A) Role Name Sex Race Age DOB Phone Address (home) (cell) (home) (cell) tatus Name Sex Race a DOB Phone Address 1 DEFENDANT DURAN, ELVIN GABRIEL rLE WHITE 32 04/15/1981 (home) (cell) 7729408912 (home) (cell) Role Type Year Make Model or __ jReg # State S tolen Rec Code Date Rec Rec $ Rec B C lass Description Make Model Serial # alue iI ! I m in iii Ii On 07 -26 -13 at approximately 18:58 hrs Agents from Boynton Beach Police Department executed a search warrant signed by the Honorable Meenu Sasser at Aux Antilles Barbershop, 1600 N. Federal Hwy. The search warrant was in relation to an ongoing investigation into illegal lottery known as "Bolita ". Officers were briefed that a back office inside Aux Antilles Barbershop was selling these illegal lottery tickets. Upon execution of the warrant, Officers immediately attempted to secure the suspected Bolita office. Sgt. Zeller observed W/M Elvin Duran fleeing from the (Continued on next page) Reporting Officer ;,MEN= �REINHOLDC(804) �C FO C(717)� (07/26/2013 21:00:54) (08/05/2013 11:51:16) BOYNTON BEACH POLICE DEPT pa 2 of 3 BOYNTON BEACH, FL Supplementary Report #13036220/1 ase Title ocation 1600 N FEDERAL HWY ate/Time Reported atefrime Occurred 07/26/2013 20:48:39 07 " "2013 20:48:39 to 07/26/2013 20:48:39 ncident Type /Offense ISET UP PROMOTE CONDUCT FOR MONEY(849.09.1A) in 110 1 1 _ ............... l i gigi , in 11 MEMO Bolita Office and trying to exit the business through a back door. Elvin was not wearing any shoes and had no personal property. After securing Elvin and other occupants of the business, I conducted a search of the Bolita office while Ofc. Harris read a copy of the search warrant to the business owner. In the Bolita office I located sandals, car keys, and a cell phone (which Elvin identified as his). I also located documents belonging to Elvin. The office contained a tinted plexi window which transactions were conducted through. On the desk in the office was a laptop with a Bolita Formula calculator on the screen. There was a ticket printer plugged into the laptop which had a freshly printed Bolita ticket sitting on it. There was also a large amount of cash setting next to the laptop. Based on the above information I placed Elvin Duran under arrest for Conducting Unlawful Lottery (F.S.S. 849.09(1)(A)(B)(D). Elvin was transported to BBPD where he was processed and TOT PBCJ. The above listed evidence was photographed and placed into evidence at BBPD. The following evidentary items were located during the search of the business: On the desk within the ticket booth - HTC cell phone Ipad (Ser# F4KK3N7FF193) Dell Laptop Samsung cell phone Loose Cash ($1104) Cash in rubber band ($247) Ticket Printer Printed Bolita Ticket Notebook Security Camera LCD Monitor From the shelves in the ticket booth - Tickets Time Stamp Security Camera DVR From the south (store - owners) office - Time Stamp (Continued on next page) IREINHOLDC(804) JCRAWFORDC(717) BOYNTON BEACH POLICE DEPT Pa 3 of 3 BOYNTON BEACH, Supplementary 13 03 6220/1 A ro?sra�l FbxxYb'l�ic Va�W ms 's DtelT�tne Pintd Dion: Au 05 13 <11.07 ..£D3' 20� $t�uila ase Title ocation 1600 N FEDERAL HWY ate/Time Reported ate/Time Occurred 07/26/2013 20:48:39 07/26/2013 20:48:39 to 07/26/2013 20:48:39 ncident Type /Offense ISET UP PROMOTE CONDUCT FOR MONEY(849.09.IA) O Also located was $231 in cash within a drawer at Jean - Gilles barber booth. It should be noted that the time stamp device located in the Bolita ticket office and the time stamp device located in Jean - Gilles office were identical. I also located factory owner manuals in Jean - Gilles office; these manuals matched the electronic devices in the Bolita office (Printer, Fax, etc). Photographs were taken of these items. IREINHOLDC(804) I IC FORDC(717) BOYNTON BEACH POLICE DEPT Page 1 of 2 BOYNTON BEACH, FL Supplementary Report #13036214/1 Approved For Public Vievll LSate3re Flnteed Mpn ;Aug' 13 s09 (14 'i�DT 2,0 B sPIP iilTd x C ase Title Location 1600 N FEDERAL HWY Date/Time Reported Date/Time Occurred 07/26/2013 20:10:30 07/26/2013 20:10:30 to 07/26/2013 20:10:30 Incident Type /Offense POSSESS TICKET FIRST VIOLATION(849.09.1H) r_ I NN Role Name Sex lRace a DOB Phone Address (home) (cell) (home) (cell) MENEM S tatus Name Sex Race a DOB Phone Address DEFENDANT JEAN GILLES, VANEL LE BLACK 39 06/16/1974 (home) 2830 SANDS PINES 1 561 -577 -9620 (cell) CT LAKE WORTH, FL (home) (cell) hOle ype ear ake odeI Color Reg # State tolen Rec Code Date Rec Rec $ Rec B 'j lass Description Make Model Serial # Value I M E . ..., On 07 -26 -13 at approximately 1858 hrs Agents from Boynton Beach Police Department executed a search warrant signed by the Honorable Meenu Sasser at Aux Antilles Barbershop, 1600 N. Federal Hwy. The search warrant was in relation to an ongoing investigation into illegal lottery known as " Bolita". Officers were briefed that a back office inside Aux Antilles Barbershop was selling these illegal lottery tickets. (Additional information 13- 036220) During the execution of the search warrant, the business owner, B/M Vanel Jean - Gilles, was detained and searched. A Bolita ticket was located in Vanel's (Continued on next page) I OL (( 1 ) 012013 09:01:45) CRAGPFORDC(7( 8 ) / 05/2013 1:51:38)1 - "YNTON BEACH LICE DEPT Page 2 of 2 BEACH, BOYNTON FL Supplementary #13321/1 ase Title ocation 1600 N FEDERAL HVJY ate/Time Reported ate/Time Occurred 07/26/2013 20:10:30 0 20:10:30 to 07/26/2013 20:10:30 ncident Type /Offense pants pocket. Vanel was placed under arrest for Possession of an Unlawful Lottery Ticket (F.S.S. 849.09()). Vanel was issued an NTA and released on scene. The Bolita ticket was placed into evidence. I' '1 4L C (8 0 , III I I Mali r u ®® IC WFOR C(717) THE CITY OF BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT AND APPEALS IN RE: TRANSCOM CARIBBEAN MARKET Appeal of Business Tax Receipt Revocation SUBPOENA FOR TESTIMONY THE STATE OF FLORIDA: TO: Deputy Oman Vessage, ID# 8493 Palm Beach Sheriff's Office District 1 3228 Gun Club Road West Palm Beach, FL 33406 YOU ARE COMMANDED to appear before the City of Boynton Beach Building Board of Adjustment and Appeals, City of Boynton Beach City Hall, Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425 -0310, on Thursday, November 7, 2013 at 6:30 p.m., to testify in this action. You are subpoenaed to appear by the Building Board of Adjustment and Appeals, and unless excused from this subpoena by the Building Board of Adjustment and Appeals, you shall respond to this subpoena as directed. DATED: October ; , 2013 M' ael Bessell, Chariman Building Board of Adjustment and Appeals Prepared by: /Bra! Maravent Assistant City Attorney H:\ GOV CLIENTSM 306\9904950\BB Subpoena.doex The City ofBoynton Beach DEVELOPMENT DEPARTMENT DIRECTOR'S OFFICE 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6372 - g www.boynton-beach.or August 22, 2013 VIA REGULAR AND CERTIFIED U.S. MAIL RETURN RECEIPT REQUESTED Mr. Vanel Jean-Gilles 430 NW 1 St Avenue Boynton Beach, FL 33435 RE: Notice of Business Tax Receipt Revocation Dear Mr. Jean-Dilles: Pursuant to Part 11, Chapter 13, Section 13-18 of the City of Boynton each Code of Ordinances, the City of Boynton each is hereby providing you with Notice of Revocation of the Business Tax Receipts for the business known as Aux Antilles Barber Shop which is located at 1600 N. Federal Highway, Suite 10, Boynton Beach, Florida. The City is revoking the Business Tax Receipt, effective September 6, 2013, due to the - following violations of state and local laws as evidenced by the charges documented in Boynton each Police Department Report #13036220/1 dated August 5, 2013: • Set up, promote, or conduct a lottery for money (849.09(1)(a), F.S.) A copy of the relevant City Code of Ordinance sections are attached for your reference. Section 13-18(d) of the City of Boynton each Code of Ordinances provides for the right to appeal the revocation of the Business Tax Receipt. If you desire to appeal the revocation, you must submit your appeal, in writing, to the City Clerk no later than September 6, 2013. The appeal will then be heard by the City's Building or of Adjustment. PLEASE GOVERN YOURSELF ACCORDINGLY. Sincerely, Nancy B ne Director f Development cc: Mayor Jerry Taylor and Members of the City Commission Lori LaVerriere, City Manager James A. Cherof, City Attorney File Breeze into Boynton Beach! America's Gateway to the Gu6(stream S:1Development\Administration\Correspondence120131Aux Antilles BTR Revocation.doc Page I of 2 Boynton Beach, FL Code of Ordinances See. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal. (a) The city may refuse to issue, reissue or transfer any Certificate of Use or Business Tax Receipt provided for in this chapter when: (1) Issuance will result in the violation of applicable city, county, federal or state law, or (2) When the City's Code Enforcement Board has issued an order finding a code violation and the violation has not been corrected, or (3) When the City's Code Enforcement Board has issued an order imposing a fine and the fine remains unpaid. (b) In the case of refusal to issue, reissue or transfer any Certificate of Use or Business Tax Receipt on one of the foregoing grounds, the city shall notify the business applicant or Business Tax Receipt holder in writing the basis for such refusal to issue, reissue or transfer a Certificate of Use or Business Tax Receipt with specific reference to the provisions of the City Code or Code Board Order which the city asserts constitutes grounds for denial. (c) The city shall have the right and authority to revoke, with fifteen (15) days written notice, any Certificate of Use or Business Tax Receipt granted under this chapter and issued to any person, whenever it is made to appear that the business method or operation or work being conducted or carried on by the business constitutes the violation of any applicable city, county, or state law. (d) An applicant who is denied issuance, reissuance or transfer of a Certificate of Use or Business Tax Receipt or whose Certificate of Use or Business Tax Receipt has been revoked may, within ten (10) calendar days of the denial or revocation, file a written appeal of the denial or revocation to the Building Board of Adjustment. The Notice of Appeal shall be filed with the City Clerk. (e) The Board shall meet within thirty (30) days and shall conduct a quasi-judicial evidentiary hearing. The initial burden of proof shall be on the City to establish that the refusal or denial to issue, reissue or transfer a Certificate of Use or Business Tax Receipt is based on the grounds as set forth in division (a) above. The burden then shifts to the applicant to prove that the applicant is exempt from application of the City, County, Federal or State law, that the Code violation has been corrected, or that the Code Board fine has been paid. The Board shall issue a final order with findings of fact. (f) The decision of the Building Board of Adjustment shall be final and shall only be subject to review by writ of certiorari to Palm Beach County Circuit Court. (g) A Notice of Appeal stays the denial or revocation of the license until the appeal process is completed. (h) When denial of the issuance or reissuance of a license is based on division (a)(3) above, the Notice of Appeal shall be accompanied by payment of the outstanding Code violation fine. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5- 95; Ord. No. 06-071, § 2, 7-18-06; Ord. No. 06- 096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12) Disclaimer: http://www.amlegal.com/alpseripts/get-content.aspx 8/21/2013 06/01/2002 00:45 5617426259 PLANNING PAGE 02 The City oofBoynton Beach 031EVELOPMENT DEPARTMENT DIRECTOR'S OFFICE ' 100 E. Boynton Seach Boulevard P. O. 60x 310 Boyntc.in Beach, Florida 33425-0310 rFL: 561-742-6372 ivwmboynton-beach.orq led 10 /1 113 VIA REGULAR AND CERTIFIED U.S. MAIL ! RIAP113 RETURN RECEIPT REQUESTED Re-�Arn (!ij ( '(Ayl�.00o6n Mr. Vanel Jean-Gilles RE: Notice of Business Tax Receipt Revocation Dear Mr. Jean-Dilles. Pursuant to Part 11, Chapter 13, Section 13-18 of the City of Boynton each Code of Ordinances, the City of Boynton each is hereby providing you with Notice of Revocation of the Business Tax Receipts forthe business known as Aux Antilles Berber Shoo which is located at 1600 N, Federal Highway, Suite 10, Boynton Beach, Florida. The City is revoking the Business Tax Receipt, due to the following violations of state and local laws as evidenced by the charges documented in Boynton Beach Police Department Report #1303e220/1 dated August 5, 2013: ob Set up, promote, or conduct a lottery for money (849.09(1)(a), F.S.) A copy of the relevant City Code of Ordinance sections a r e a ttached for your reference. Section 13-18(d) of the City of Boynton each Code of Ordinances provides for the right to appeal the revocation of the Business Tax Receipt, If you desire to appeal the revocation, you must submit your appeal, in writing, to the City Clerk no later than -Soptewkepg-, 2013. The appeal will then be heard by the City's Building Board of Adjust mene. PLEASE GOVERN YOURSELF ACCORDINGLY. 4 Formol Apptzcdkdiq wAh *a!5 Sincerely, Fee oin�cvk rbut# 0-ce-ompallj y our' wrd 0-? L-elk B Nancy r ine Di recto evelopment cc: Mayor Jerry Taylor and Members of the City Commission Lori LaVerriere, City Manager James A. Cherof, City Attorney File Breeze into Boynton each! Apte?lca's Gateway tot G . s S:%[)QvelOPMent'Adrninistragonicorrespandence1201 81Aux Antilles 13TR Revocation.doc 06/0112002 00:45 5617426259 PLANNING PAGE 04 C ity of Boy (D Departmen of Developme Building ii i BU ILDIffiG BOARD OF ADJUSTMENT L APPLICATI Subm ittal De 30 d a y s afte dec ision is ere the B uil d ing Division Please print or type Submittal Date: LiC2 LI Filing Fee: $250 payable to the City of B oynton Beach The undersigned owner(s) hereby respectfully petition(s) the Building Board of Adjustment and Appeals to grant to petitioner(s) an appeal of decisions and interpretations of the Building Official and consider variances of the technical des: Section(s) to be appealed: :::2� W Property involved is described as follows: Lot(s) Block , Subdivision , Plat Book , Page , or otherwise described as follows: Property Address: Name and Address of Ow ner: - Name of Applicant: Applica Phone Number: Date: Signature a p .. - 'o u; CZ C) THE NOTICE OF APPEALS SHALE, CONTAIN: � �rM 1. A clear and concise statement of the order and decision of the Building Official sought An I* be appealed and the date thereof. 2. The reasons for which the appeal is taken and a definite and detailed statement of relief sought from the Building Board of Adjustment and Appeals. . The notice of appeal shall be signed by the applica or his/her duly authorized agent and it shall have appended to it copies of any plans, drawings, rules or regulations or other documents that WOUld be pertinent and materials to the hearing of the appeal. In the c ase c of building or structure, which, in the �g o,piniio { n #{ th B u i lding Official is or /� d angerous, m7, the Building Official may, in h is decision, limit the time fors SI� appeal to a shone period. lac East Ba ton Bach Biwa, PO Box 570, B®yntan Beach FL 93425 -0374 Phone: (9671742.6350 Fax. ;5611742 -5357 5: iDewebprnenneur7tlingfFo — &Tempf +, lln- HouselBulldng Board nfAd/ustment and Appeals Appoetfon ("a pv5, jav- -,M) October 2, 2013 City of Boynton Beach Building Board of Adjustment and Appeals. Vanel Jean-gilles P.O. box 1014 Boynton Beach, FL. 33425 To Building Board of adjustment and Appeals: I am writing in regards to the revocation of my business tax receipt for the business named Aux-Antilles Barber Shop at 1600-10 North federal hwy. in Boynton beach, Florida 33435. 1 was not aware of the set up to promote lottery for money activities that occurred at the establishment. Please accept my sincerest apologies regarding this matter, this incident will never occur again. I have never been in trouble with the law before, this is the first time and last time. I have been a resident of the city of Boynton Beach for the past 20 years. I plead with the Building Board of Adjustment and appeals to please reconsider the decision to revoke my business tax receipt. I beg of you to give me another chance and grant the reinstatement of the business tax receipt. I want to thank you in advance for taking the time to review my case. Sincerely, ,__ T vov Vanel jean-gilles ru '''Ij' i f '�14ii�z , t,,, �r JI r . EA3 .�- r �� 5' � y : . 1 � ✓ ## � �� "I' �' ��yy��++��99 -. ��jj..��jj,,,y� -, , {�� } F tt ai t ,:., l ��z t r''� I�!, - §�ji ��ki�3'Y��R■ i?,\dTl �� N,si�9�s� ����, , r ' u ; {I +� + ,' ip �tj ! �( \r( i r'` 1 t;i �;}f< }}�k { } �J y i \ 7 'jk j�`t4 i �S }�1,1t 4 - -- - r - I A r+ i) } 2 J r x s ?rtrli 1 11 { ° �1"nS r ` a � - R F+ q + St S �l I „tiH���T+T ➢�i �}9A� +P ; J£ ,�kl f r �FS } �t 1 '�1 \ \`��\ ���� k 13 �t � tsr1, rs� +u�``i" si�Ftapi�b �ttt� �sr {rs >`r����>! ' `-- ..xfri, }�i.~'�; .� x �•°i3Jr•;�i c�*M- i "s' - sri si, ��G�?`�4�Pv^"��.rz kk G:i Mo- ir�+�., � '"t?ar t9 -, �i Vi �rr���« .zt..,�., l " m X, y " V am "'- a"g'''�'.e`'e".ed`. w�ai?n✓�� ^� 4�&.+' �*Po 4:imi ,,, 'a, ;s'v;.va .sw,,. t Sh & UTY OF x N FI C i ga�V 44 2 z zs w m Y VA i T r ! F a ' .e a cSa "y` ~asp - x t ,� ki wt P t e �k ,a,� t ;,fix 6 Rec d. idd " ; p ° fit ^r' ^+ a"xte t s, I t C OF BOYNTON BEACH / Boynton Beach, Florida d; DATE p®. DEPART LLA $ �: FOR On July 12, 2013, I, Deputy Vessage ID#8493, was assigned to assist the Boynton Beach Police Department, Community Action Team. I assisted in the purchase of unlawful lottery tickets for a game commonly known as “Bolita” or “Borlett”. At approximately 1140hrs I walked into 1600 S Federal HWY suite#10, a barber shop, within the city of Boynton Beach, Florida. Upon entering the store through the front door which faces west, I made contact with a black male approximately mid-20 to 30s that was cutting someone’s hair. There were barber’s chair and other items inside that made the place appeared like a normal barbershop. I advised him in Creole that I would like to play a Bolita number. He then directed me to a center door inside the barbershop that leads to the back of the shop. I then proceeded toward the back through the door as directed where I made contact with a white or Hispanic male approx. early 20s, sitting behind a glass window inside a booth. No one else was in the back area beside me in the male inside the booth. The area of the booth is in the back of the shop where items usually stored. There were several pieces of white paper that were outside of the glass. I grabbed a piece of white paper and I wrote the number 13 and 31 on it. On the right side of each number I wrote $5 which indicated I would like to wager $5 on number 13 and $5 on number 31. I handed the piece of paper to the male behind the glass window together with $10 US currency supplied to me by the Boynton Beach Police Department Community action team. He took the white piece paper and the $10 US currency from me; he then returned back to me a computer printed out white piece of paper with the numbers I played on it. The booth where I purchased the ticket and the barbershop are in the same suite, but separated. After leaving the business, I met with Boynton Beach Police Department Community Action Team officers to give them the Bolita receipt for evidentiary purposes. On July 12, 2013, I, Deputy Vessage ID#8493, was assigned to assist the Boynton Beach Police Department, Community Action Team. I assisted in the purchase of unlawful lottery tickets for a game commonly known as “Bolita” or “Borlett”. At approximately 1140hrs I walked into 1600 S Federal HWY suite#10, a barber shop, within the city of Boynton Beach, Florida. Upon entering the store through the front door which faces west, I saw the same black male barber cutting a client’s hair. I then proceeded toward the back through the door as directed where I made contact with a white or Hispanic male approx. early 20s, sitting behind a glass window inside a booth. The male behind the glass was the same one I purchased the Bolita ticket from earlier. No one else was in the back area beside me in the male inside the booth. The area of the booth is in the back of the shop where items usually stored. There were several pieces of white paper that were outside of the glass. I grabbed a piece of white paper and I wrote the number 13 and 31 on it. On the right side of each number I wrote $5 which indicated I would like to wager $5 on number 13 and $5 on number 31. I handed the piece of paper to the male behind the glass window together with $10 US currency supplied to me by the Boynton Beach Police Department Community action team. He took the white piece paper and the $10 US currency from me; he then returned back to me a computer printed out white piece of paper with the numbers I played on it. The booth where I purchased the ticket and the barbershop are in the same suite, but separated. After leaving the business, I met with Boynton Beach Police Department Community Action Team officers to give them the Bolita receipt for evidentiary purposes. On July 12, 2013, I, Deputy Vessage ID#8493, was assigned to assist the Boynton Beach Police Department, Community Action Team. I assisted in the purchase of unlawful lottery tickets for a game commonly known as “Bolita” or “Borlett”. At approximately 1151hrs I walked into 1500 S Federal HWY suite#11, a grocery store, within the city of Boynton Beach, Florida. Upon entering the store through the front door which faces west, I followed two unknown black males to in area toward the rear south side of the store where I made contact with two black males inside a booth that was surrounded by cardboard and has two small glass windows. There were many small side carbonless papers that were on a shelf near the booth. I could not see the two black males clearly, but both of them appeared to be between the age of mid 20’s t0 late 30’s. I grabbed a piece of white carbonless paper and I wrote the number 13 and 31 on it. On the right side of each number I wrote $5 which indicated I would like to wager $5 on number 13 and $5 on number 31. I handed the piece of carbonless paper under the cardboard to the males behind the glass window together with $20 US currency supplied to me by the Boynton Beach Police Department Community action team. One of them took the white piece carbonless paper and the $20 US currency from me. He stamped it and then returned back to me the yellow bottom copy with $11 US currency. Inside of the store appeared like a typical store with cash register, at least two aisles, items for sale and slot machines. There were several people sitting inside playing with the slot machines when I entered the store. I waited a few minutes before followed the black males to the area where Bolita was selling. People were coming and walked directly to the area where Bolita was selling. The grocery store and where the Bolita tickets are sold are in the same suite, but separated. After leaving the business, I met with Boynton Beach Police Department Community Action Team officers to give them the Bolita receipt for evidentiary purposes. On July 12, 2013, I, Deputy Vessage ID#8493, was assigned to assist the Boynton Beach Police Department, Community Action Team. I assisted in the purchase of unlawful lottery tickets for a game commonly known as “Bolita” or “Borlett”. At approximately 1350hrs I walked into 1500 S Federal HWY suite#11, a grocery store, within the city of Boynton Beach, Florida. Inside the store appeared like a regular convenience store with aisles and items for sale on shelves. Upon entering the store through the front door which faces west, I proceeded to an area toward the rear south side of the store where I made contact with two black males inside a booth that was surrounded by cardboard and has two small glass windows. There were many small side carbonless papers that were on a shelf near the booth. I could not see the two males clearly, but both of them appeared to be between the age of mid 20’s t0 late 30’s. The two black males were the same two I saw when I made the first purchase. There other peoples going to the area where Bolita tickets were selling. I grabbed a piece of white carbonless paper and I wrote the number 13 and 31 on it. On the right side of each number I wrote $5 which indicated I would like to wager $5 on number 13 and $5 on number 31. I handed the piece of carbonless paper under the cardboard to the males behind the glass window together with $20 US currency supplied to me by the Boynton Beach Police Department Community action team. One of them took the white piece carbonless paper and the $20 US currency from me. He stamped it and then returned back to me the yellow bottom copy with $11 US currency. The grocery store and Bolita’s booth are in the same suite, but separated. After leaving the business, I met with Boynton Beach Police Department Community Action Team officers to give them the Bolita receipt for evidentiary purposes.