LIHUE >> In a surprise move, the Kauai County Council unanimously rejected last night a donation of 59 beachfront acres for a new county park, including Donkey Beach, from a Colorado developer. Kauai Council cuts
the strings on land dealThe unanimous vote stops the
donation of 59 acres of propertyBy Anthony Sommer
tsommer@starbulletin.comFollowing months of hearings and negotiations, the Council was deeply divided over accepting the deed at the beginning of five hours of testimony and debate yesterday. By the end of the meeting, the seven members were unanimously against it after learning visitors to the beach, which already is public property, are being harassed by Kealia Kai security guards.
The land was to be donated by Colorado developer Thomas McCloskey, who is building an adjoining 29-lot subdivision, Kealia Kai, where parcels of former Amfac sugar land are selling for $1.5 million and up.
Rejection of the deed by the Council leaves the future of the upscale development in doubt. The Kealia Kai's special management area permit includes the donation of the park land as a condition.
McCloskey insisted that a restriction be placed in the deed that would allow private security guards from Kealia Kai to patrol the 59 acres.
McCloskey told the Council in earlier testimony the security patrols were to protect the property of homeowners in his development. But it was clear to everyone that the developer wanted to stop the longtime use of Donkey Beach for nude sunbathing by gay men. McCloskey repeatedly called it "that illegal activity."
The Council listened to more than four hours of testimony yesterday, but the tide was turned by a series of photographs taken at Donkey Beach last month.
The photos showed Kealia Kai security guards confronting both nude sunbathers and fully clothed visitors to the beach, which already is public property.
Worse, in the Council's view, it showed Kealia Kai security guards driving all-terrain vehicles on the beach. It is illegal to drive any vehicle on a public beach.
The Council voted 7-0 to "receive" the deed, which means it killed the measure. It left the door open to McCloskey offering a new deed without the restrictions allowing security guards in the park.
McCloskey's representatives had left the meeting before the Council voted. They were not available for comment.
Kealia Kai is only a small portion of 6,660 acres bought three years ago by McCloskey and his partners from Amfac for $15.4 million. It is the first area to be developed, and Councilman Kaipo Asing said he calculated the company would make a profit of $9.4 million on the land sales. The developers also could claim a $4 million tax write-off on the land donated to the county, he said.
Kauai County
