Prior To The Construction Of The Bathrooms On Midtown Beach, The Town Of Palm Beach Was Required To Provide 25 Public Parking Spaces Within A Quarter Mile Of The Beach. According to the Palm Beach Daily News, “The addition of public restrooms would reclassify Midtown Beach as ‘primary’ instead of ‘secondary’ under state guidelines. That would enable the town to count toward the public parking requirement a surplus of public parking that is in the Midtown area. Because the state has given the town financial aid for beach improvements, it currently requires that 25 parking spaces be made available to the public within a quarter-mile of the ‘secondary’ Clarke Avenue access to the beach.” [Palm Beach Daily News, 5/14/11]

David Koch Lived On South Ocean Boulevard “Near Where Beach Parking Is Now Designated On Clarke And Barton Avenues.” According to the Palm Beach Daily News, “[James] Green represents the Lauders and Kochs, both of whom live on South Ocean Boulevard near where beach parking is now designated on Clarke and Barton avenues.” [Palm Beach Daily News, 3/9/11]

• David Koch Lived On South Ocean Boulevard And Hired Attorney James Green To Represent Him. According to the Palm Beach Daily News, “Leonard Lauder of Barton Avenue and David Koch of South Ocean Boulevard have hired West Palm Beach attorney James Green who said he’ll discuss a waiver with state Department of Environmental Protection officials at a meeting next week.” [Palm Beach Daily News, 4/12/11]

Residents Near The Street “Complained That Beachgoers Leave Trash And Change Clothes On The Street And Have Asked That Public Spaces Be Moved.” According to the Palm Beach Post, “Fifteen of the 25 spaces are in the ocean block of Clarke Avenue, six are on the street’s 200 block, and four are on Barton Avenue. Clarke Avenue residents have complained that beachgoers leave trash and change clothes on the street, and have asked that public spaces be moved. Seabreeze and Seaspray avenue residents had the same complaints when some of their spaces were designated in 2009.” [Palm Beach Daily News, 3/9/11]

Palm Beach Daily News: “The Parking Has Pitted Neighbor Against Neighbor As Residents Protest Against Having The Spaces On Their Respective Streets.” According to the Palm Beach Daily News, “Currently, all but four of the state-required parking spaces are on Clarke Avenue, where residents have complained about beachgoers leaving trash, changing in public, trespassing, and walking up and down the street. Four spaces are on nearby Barton Avenue. At the same time, the council delayed a controversial decision on whether to build public restrooms at Midtown Beach as a way to legally get around the state requirement. The parking has pitted neighbor against neighbor as residents protest against having the spaces on their respective streets.” [Palm Beach Daily News, 5/14/11]

Palm Beach Daily News: “Once The Parking Requirement Was Removed, The Town Would Convert Clarke Avenue To Parking By Permit Only…” According to the Palm Beach Daily News, “Once the parking requirement is removed, the town would convert Clarke Avenue to parking by permit only, as Seaspray, Seabreeze and Seaview are now. But the permit solution would be trickier for Barton Avenue, where The Episcopal Church of Bethesda-by-the-Sea relies on 13 public spaces for those who use the church.” [Palm Beach Daily News, 5/14/11]

Adding Bathrooms To The Beach “Would Qualify It As A Primary Beach, And Then The Clarke Avenue Parking Requirements Would Disappear.” According to minutes from the Palm City Town Council meeting held on April 12, 2011, “The second option was bathrooms. A bathroom at Mid-Town beach would qualify it as a primary beach, and then the Clarke Avenue parking requirements would disappear. After that meeting there was discussion amongst the residents about paying for the potential bathroom with private funds.” [Palm Beach Town Council Minutes Backup, 10/8/13]

Another Potential Solution Was To Add Parking On South Ocean Boulevard, But The Town Council Noted It Would “Impact The Ocean Front Homeowners.” According to minutes from the Palm City Town Council meeting held on April 12, 2011, “South Ocean Boulevard was another option. It would be one-way from barton Avenue to Royal Palm Way. The consensus was that the parallel parking would go on the eastern most side, which would impact the ocean front homeowners as they are now. We would need a traffic study for this option.” [Palm Beach Town Council Minutes Backup, 10/8/13]

• David Koch Owns “30,000-Square-Foot Beachfront House, Estimated By Property Tax Authorities To Be Worth $27 Million. “According to Forbes, “New York billionaire David Koch was forced to pull down a privacy fence recently erected around his winter property in Palm Beach, Fla. His staff put up the country-style camouflage net after camera crews from a liberal group filmed the 30,000-square-foot beachfront house, estimated by property tax authorities to be worth $27 million.” [Forbes, 10/28/11]

Town Of Palm Beach Shore Protection Board Member J. Patterson Cooper Said “He Believed That A Citizen Had Offered To Pay” To Build The Bathrooms. According to minutes from the Town of Palm Beach’s Shore Protection Board meeting on October 27, 2011, “Board Member [J. Patterson] Cooper said he was in favor of putting bathrooms at the Mid-Town Beach because it was the right thing to do. He said he believed that a citizen had offered to pay for it.” [Town of Palm Beach Shore Protection Board Minutes Backup, 12/6/11]

The Town Agreed To “Proceed With A Bathroom Study, To Be Conducted At Private Expense… This Study Will Include The Options Of Building A New Restroom Facility And Of Converting The Existing One.” According to an action report from the Town of Palm Beach Town Council meeting on May 10, 2011, “The Town will also proceed with a bathroom study, to be conducted at private expense and to include maintenance thereof. This study will include the options of building a new restroom facility and of converting the existing one. The Town will get a refined cost estimate for the study and will obtain the funding before proceeding.” [Palm Beach Town Council Action Report, 10/8/13]

• The Existing Facility Was Located At The Intersection Of Chilean Avenue And South Ocean Boulevard. According to a feasibility study conducted by Bridges, Marsh & Associates for the Town of Palm Beach, “The Town of Palm Beach (Town) has been asked to review options for locating new bathroom facilities at the public beach area. This study will address two options: A. Remodeling the existing Town Lifeguard building at Chilean and South Ocean Blvd. to accommodate bathroom facilities. B. Construct a free standing new building at the intersection of Royal Palm Way and South Ocean Blvd. to accommodate bathroom facilities.” [Town of Palm Beach Town Council Meeting Agenda for August 9, 2011, 10/8/13]

• The Considered New Facility Was To Be Placed At The Intersection Of Royal Palm Way And South Ocean Boulevard. According to a feasibility study conducted by Bridges, Marsh & Associates for the Town of Palm Beach, “The Town of Palm Beach (Town) has been asked to review options for locating new bathroom facilities at the public beach area. This study will address two options: A. Remodeling the existing Town Lifeguard building at Chilean and South Ocean Blvd. to accommodate bathroom facilities. B. Construct a free standing new building at the intersection of Royal Palm Way and South Ocean Blvd. to accommodate bathroom facilities.” [Town of Palm Beach Town Council Meeting Agenda for August 9, 2011, 10/8/13]

• The Intersection Of Royal Palm Way And South Ocean Boulevard Is .3 Miles From David Koch’s House, Whereas The Intersection Of Chilean Avenue Is .5 Miles From David Koch’s House. According to Google Maps, 150 South Ocean Boulevard is .3 miles from South Ocean Boulevard’s intersection with Royal Palm Way. The distance from 150 South Ocean Boulevard to South Ocean Boulevard’s intersection with Chilean Avenue is .5 miles. [Google Maps, Accessed 1/23/15]

• A City Official Identified A Drawback Of Using The Existing Facility As Reducing The Office Space Of The Ocean Rescue Lifeguard Organization To “One Third The Size Of Their Existing Space.” According to a memo from Palm Beach Director of Public Works H. Paul Brazil to the Mayor and Town Council on July 26, 2011, “This alternative consists of remodeling the existing Ocean Rescue building at Chilean Avenue and South Ocean Boulevard. The existing hedges between the sidewalk and the building would be removed to accommodate a ramp that will meet the Americans with Disabilities Act (ADA) requirements. The ladies’ room would have two stalls(one ADA)and the men’s room would have two urinals and one stall (ADA). Ocean Rescue will be able to maintain office space but it will be approximately one third the size of their existing space. We anticipate having to provide storage for this work group at another Town facility.” [Town of Palm Beach Town Council Meeting Agenda for August 9, 2011, 10/8/13]

• The Bathrooms Were Constructed Inside Of The Ocean Rescue Facility. According to the Palm Beach Daily News, “The restrooms will occupy the northern two-thirds of the building that has been used as the lifeguard station. The lifeguards will continue to use the remainder of the building and have been given additional space at the Central Fire Station, [DPW H. Paul] Brazil said.” [Palm Beach Daily News, 10/4/12]

The Palm Beach Town Council Voted To Approve The Construction Of The Bathrooms “Subject To 100% Of The Construction Costs Being Funded Through Community Donations.” According to the minutes from the Town of Palm Beach’s Town Council meeting on November 8, 2011, “Motion was made by Council Member Pucillo and seconded by Council President Pro Tem Wildrick to approve the construction of public restrooms at Mid-Town Beach, subject to 100% of construction costs being funded through community donations, which must be received within 120 days. On roll call, the motion carried 3-2, with Council Member Diamond and Council President Rosow dissenting.” [Palm Beach Town Council Minutes Backup, 10/8/13]

Attorney James Green Stated That “The Leonard Lauder And David Koch Families Have Committed To Donate $25,000 Each To The Construction Of The Restroom.” According to the minutes from the Town of Palm Beach’s Town Council meeting on November 8, 2011, “Attorney James Green, 222 Lakeview Avenue, West Palm Beach, stated that the Leonard Lauder and David Koch families have committed to donate $25,000 each for the construction of the restroom.” [Palm Beach Town Council Minutes Backup, 10/8/13]

The Cost Estimate Was Approximately $175,000 Dollars. According to a memo from Palm Beach Director of Public Works H. Paul Brazil to the Mayor and Town Council on July 26, 2011, “The engineer’s estimate for this alternative is approximately $175,000 and does not include an owner’s contingency. Additionally, we have not been able to fully investigate retrofitting the existing structure with a self cleaning system,but will do so if this alternative is selected.” [Town of Palm Beach Town Council Meeting Agenda for August 9, 2011, 10/8/13]

The Community Privately Financed A $240,000 Budget. According to the Palm Beach Daily News, “Construction of public restrooms at the beach is proceeding slightly ahead of schedule, toward a Nov. 19 completion, and within its $240,000 budget, Public Works Director Paul Brazil said Wednesday. Mayor Gail Coniglio led a campaign to raise the entire amount through private donations after a divided Town Council approved the restrooms a year ago — with the condition that town funds not be used for pay for them. ‘This has been a community effort, and certainly it will be a long-term betterment not only for the town but the [larger] community,’ Coniglio said.” [Palm Beach Daily News, 10/4/12]

The Lifeguards Were Given Office Space At The Central Fire Station. According to the Palm Beach Daily News, “The restrooms will occupy the northern two-thirds of the building that has been used as the lifeguard station. The lifeguards will continue to use the remainder of the building and have been given additional space at the Central Fire Station, [DPW H. Paul] Brazil said.” [Palm Beach Daily News, 10/4/12]

• The Central Fire Station Is Not Located On The Beach. According to the Town of Palm Beach, the central fire station’s address is 355 South County Road. This is not located on the beach, per Google maps. [Town of Palm Beach and Google Maps, accessed 1/23/15]