The saga of Colorado developer Thomas McCloskey’s attempt to deed 59 acres, including Donkey Beach, to the Kaua’i County has taken yet another turn. County attorney Hartwell Blake told County Council members Thursday that it is his legal opinion that
The saga of Colorado developer Thomas McCloskey’s attempt to deed 59 acres, including Donkey Beach, to the Kaua’i County has taken yet another turn.
County attorney Hartwell Blake told County Council members Thursday that it is his legal opinion that McCloskey must either deed the land to the county or go back to the county Planning Commission and redo the permit process.
According to Blake, the deeding of the land is a condition of the tentative approval of McCloskey’s proposed subdivision. A permit was granted June 24, 1999, to build homes in the Kealia Makai subdivision on the bluffs above Donkey Beach.
In a memo to the council dated Nov. 28, Blake quoted from the permit agreed upon between the project’s developers and the county. The proposed subdivision was then represented on Kaua’i by former McCloskey partners Justin and Michele Hughes.
“Condition No. 16 of the SMA (special management area) Permit stated: As represented by the applicant, the approximately 50 acre shoreline … shall be dedicated to the county of Kaua’i or other government agency for public recreational purpose, subject to such restrictions as may be negotiated” with the county.
McCloskey had said previously that if the county didn’t accept the “gift,” he would consider deeding the land to a “private non-profit” organization. He hasn’t named one.
But the way the deed is permitted at this time, according to Blake, there is no option for a non-profit.
The council has slated further public discussions of the matter for its meeting next week.
According to Councilman Gary Hooser, the main issues standing between the council and the developer are still McCloskey’s desire for private security on a public park (Donkey Beach and surrounding environs) and 24-hour park access for the public. McCloskey has sought night closure to protect his investment, at least until the subdivision is built.
Hooser said he is still optimistic that a deal with the developer can be worked out.
“My goal is to negotiate something that is good for the people while still being fair to the developer,” Hooser said.
His feelings were not shared by most citizens who arrived at a council committee meeting Thursday to again advise the council not to take McCloskey’s deal.
McCloskey “should rebuild the bridge on the cane road from Kealia Beach to Donkey Beach. He should build a park and maintain it the way the hotels do,” Glenn Mickens said.
Sierra Club representatives said a deal combining a public park with private security should not be accepted.
Negotiations are continuing between the developer’s representatives and the council.
Staff writer Dennis Wilken can be reached at 245-3681 (ext. 252) and mailto:dwilken@pulitzer.net
