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Code Enforcement Board Meeting Minutes 07/17/08

A. Case # 08-2432, Beachfront Vista Property, Nightingale Beach Club Association
Violation of Chapter 134, Section 134-1472 (3) of the Town of Palm Beach Code
of Ordinances, no additional walls, fences, hedges or other structures or growth
shall be erected or be grown eastwardly of Ocean Boulevard to a height greater
than four (4) feet above the surface of the Ocean Boulevard.

(Ms. Duemler recused herself as part of a previously declared conflict and Mr.
Hoffman advised Mr. Vanneck would be a voting member in this case)

Lead Code Enforcement Officer Walton said Nightingale Beach Club had
previously been found in violation and was given time to obtain a permit. A permit
was obtained but there were some conditions attached to it. There have been two
inspections with the Florida Wildlife Commission and an agreement was reached to
not require the vegetation to be trimmed until after turtle season. Since they have
already been found in non-compliance, the Town recommends the time for
compliance be extended to November 7, 2008 and if compliance is not achieved by
that date, a fine of $250.00 a day be imposed.

Jack Maxey, 244 Nightingale Trail, presented some documents to the Board and
advised he was president of the Nightingale Trail Beach Club Association. He said
one of the documents was his application under duress for the permit. Mr. Maxey
advised he had not been sworn in and was administered the oath of office by
Recording Secretary Houston.

Mr. Maxey said he has had a long correspondence with the legal department of the
Department of Environmental Protection and he believes on an emotional level,
they do not believe the trees should come down but they told him they could not
find any statutory way to force the Town not to enforce the permit. They told him
it should be the jurisdiction of a court, not the DEP. Mr. Maxey said the Town
was cutting down its own sea grapes in violation of the permitting process. Mr.
Maxey said there were all kinds of burdens in this permit he needed to comply
with, one of which was replacement of the whole plant if anything over 6 feet tall
which was larger than 3 inches in diameter was cut down. He said he was
supposed to provide a signature on the document putting himself at risk of a
$10,000 a day fine if he did not comply with the requirements of the permit. Mr.
Maxey said Jean Higgins, a biologist for the State Fish & Wildlife, recommended
sea grapes should not be trimmed because they are the best source of protection
against the lighting. Ms. Higgins made some suggestions such as changing light
fixtures and extinguishing lights during turtle season and maintaining a substantial
healthy vegetation light blocking buffer.

Mr. Maxey said an approximate 24 inch piece of aluminum is hanging from the
light on Nightingale Trail and it seemed highly unusual that a shield of that nature
would only be necessary on that light when the recommendations given by Fish &
Wildlife are recommendations with broad reaching impact for the entire island. He

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