Joe D’Amico, who owns Fort Discovery and Northwest Security Services, tells Jefferson County commissioners on Tuesday that his pre-application for a conditional use permit vests his proposed shooting range near Tarboo Lake. (Jesse Major/Peninsula Daily News)

Joe D’Amico, who owns Fort Discovery and Northwest Security Services, tells Jefferson County commissioners on Tuesday that his pre-application for a conditional use permit vests his proposed shooting range near Tarboo Lake. (Jesse Major/Peninsula Daily News)

Jefferson County approves mediation over D’Amico’s Tarboo Lake plans

PORT TOWNSEND — Jefferson County commissioners unanimously agreed to enter into mediation with Fort Discovery Inc., over what the moratorium on new shooting ranges means for Joe D’Amico’s proposed facility near Tarboo Lake.

“The crux of this issue is that Mr. D’Amico has rights,” said Commissioner Kate Dean. “When he purchased his property he purchased a bundle of rights that go with that property and there are a lot of people who wish he didn’t have those rights.”

D’Amico’s proposed shooting and archery range would sit on 40 acres near Tarboo Lake that he purchased for $592,000. The facility, which would be called Cedar Hills Recreational Facility, would train local, state and federal law enforcement agencies, private citizens and diplomats, D’Amico has said.

Dean said mediation will help determine how D’Amico’s rights interact with the conditional use permit process, the State Environmental Policy Act (SEPA), the moratorium and neighbors’ concerns.

The mediation, being made at the request of the Jefferson County Prosecuting Attorney’s Office, will include Jefferson County, Fort Discovery and Joe D’Amico. The mediator is William Downing of JAMS, a former Superior Court judge from King County who was recommended by D’Amico.

Chief Civil Prosecuting Attorney Phillip Hunsucker said the mediation is non-binding and can be ended by either party at any time.

Any decisions made during the closed-door sessions would have to be approved in open session.

“If the mediation ends up being successful and some form of tentative agreement is reached … that agreement would still be tentative and would need to come back to the full Board of County Commissioners in open session … before the county could agree to anything,” said County Administrator Philip Morley.

Hunsucker said the issue is a disagreement about how the moratorium applies to D’Amico’s business.

Commissioners put the moratorium in place Dec. 18, following a three-hour executive session.

“The purpose and scope of the mediation is to explore whether we can reach an understanding about the path forward for the permitting process that complies with all existing laws and avoids expensive and time consuming litigation that would divert both parties from their priorities,” Hunsucker said. “We hope to reach some sort of agreement.”

He said the moratorium is not specifically targeted at D’Amico’s proposal, but is meant to address commercial shooting ranges in the entire county.

Commissioners have said county code is silent when it comes to commercial shooting ranges.

The goal is to come up with “some sort of comprehensive way of dealing with [shooting ranges] as population continues to grow in our county,” Hunsucker said.

D’Amico told commissioners Tuesday that his project is vested.

“We started the application process,” he said. “We pulled a well permit and have done the pre-application.”

The decision to enter into mediation with D’Amico followed about half an hour of public comment, much of which urged commissioners to reconsider.

Peter Newland, representing the Tarboo Ridge Coalition — a group of homeowners opposed to D’Amico’s proposal — told commissioners they should delay entering into mediation for at least a week.

He told commissioners that if they do agree to mediation, Tarboo Ridge Coalition should be allowed to attend because it is a “party of record in this matter.”

“The assertion that an individual or corporation that has promoted a concept, but has not submitted an application to vest itself is somehow not subject to the moratorium, is nonsense,” he said.

“The moratorium ordinance language is plain on its face and pre-submittal documents do not constitute an application and therefore cannot be grandfathered.”

Newland said later he is disappointed in the decision to enter mediation.

“TRC as an organization is highly skeptical mediation can work, given a long history that we all know,” he said.

A public hearing on the moratorium is scheduled for 6 p.m. Feb. 5 in the Jefferson County Superior Court courtroom, 1820 Jefferson St., Port Townsend.

Dean said there is distrust on both sides of the issue, but that she is entering into mediation in good faith.

“I’m entering this with cautious good faith that we will be able to mediate with the other party,” she said. “I hope that good faith will be met by the other side.”

________

Reporter Jesse Major can be reached at 360-452-2345, ext. 56250, or at jmajor@peninsuladailynews.com.

Peter Newland, who represents the Tarboo Ridge Coalition — a group of homeowners opposed to Joe D’Amico’s proposed shooting range — talks with Jefferson County Commissioner Kate Dean on Tuesday. (Jesse Major/Peninsula Daily News)

Peter Newland, who represents the Tarboo Ridge Coalition — a group of homeowners opposed to Joe D’Amico’s proposed shooting range — talks with Jefferson County Commissioner Kate Dean on Tuesday. (Jesse Major/Peninsula Daily News)

From left, Jefferson County commissioners Kate Dean, Kathleen Kler and David Sullivan listen to public comment Tuesday. (Jesse Major/Peninsula Daily News)

From left, Jefferson County commissioners Kate Dean, Kathleen Kler and David Sullivan listen to public comment Tuesday. (Jesse Major/Peninsula Daily News)

More in News

Peninsula College to continue without budget

Board expects plan in September

An Olympic marmot stands as the star of the show at Hurricane Ridge on Monday. These tourists from Alaska stopped and photographed the creature from a distance as he slowly ate his meal of wildflowers. The marmot is a rodent in the squirrel family and is unique to Washington state. The hibernating mammal’s burrow is only about 50 feet up the paved path away from the parking lot. The group had just photographed deer at the Ridge. (Dave Logan/for Peninsula Daily News)
Olympic marmot

An Olympic marmot stands as the star of the show at Hurricane… Continue reading

Eighth-graders Saydey Cronin and Madelyn Bower stand by a gazebo they and 58 other students helped to build through their Sequim Middle School Core Plus Instruction industrial arts class. The friends were two of a handful of girls to participate in the building classes. (Matthew Nash/Olympic Peninsula News Group)
Middle school students build gazebo for academy

Businesses support project with supplies, flooring and tools

Frank Nicholson and David Martel.
Veterans in Warrior Bike program to pass through Peninsula towns

Community asked to welcome, provide lodging this summer

Special Olympian Deni Isett, center, holds a ceremonial torch with Clallam County Sheriff Brian King, right, accompanied by Lt. Jim Thompson of the Lower Elwha Klallam Tribal Police on a leg of the Law Enforcement Torch Run on the Olympic Discovery Trail at Port Angeles City Pier. Tuesday’s segment of the run, conducted mostly by area law enforcement agencies, was organized to support Special Olympics Washington and was to culminate with a community celebration at 7 Cedars Casino in Blyn. (Keith Thorpe/Peninsula Daily News)
Carrying the torch

Special Olympian Deni Isett, center, holds a ceremonial torch with Clallam County… Continue reading

Hopefuls for Olympic Medical Center board debate

Talk focuses on funds, partnership

An encapsulated engineered coupler used to repair a January leak. The leak occurred along a similar welded joint near to the current leak. (City of Port Townsend)
Port Townsend considers emergency repair for pipeline

Temporary fix needs longer-term solution, officials say

Traffic to be stopped for new bridge girders

Work crews for the state Department of Transportation will unload… Continue reading

The Peninsula Crisis Response Team responded with two armored vehicles on Tuesday when a 37-year-old Sequim man barricaded himself in a residence in the 200 block of Village Lane in Sequim. (Clallam County Sheriff’s Office)
Man barricaded with rifle arrested

Suspect had fired shots in direction of deputies, sheriff says

An interior view of the 12-passenger, all-electric hydrofoil ferry before it made a demonstration run on Port Townsend Bay on Saturday. Standing in the aisle is David Tyler, the co-founder and managing director of Artemis Technologies, the designer and builder of the carbon fiber boat. (Steve Mullensky/for Peninsula Daily News)
Demonstration provides glimpse of potential for ferry service

Battery-powered hydrofoil could open water travel

Electronic edition of newspaper set for Thursday holiday

Peninsula Daily News will have an electronic edition only… Continue reading

Juliet Shidler, 6, tries on a flower-adorned headband she made with her mother, Rachel Shidler of Port Angeles, during Saturday’s Summertide celebration in Webster’s Woods sculpture park at the Port Angeles Fine Arts Center. The event, which marks the beginning of the summer season, featured food, music, crafts and other activities for youths and adults. (Keith Thorpe/Peninsula Daily News)
Summertide festival

Juliet Shidler, 6, tries on a flower-adorned headband she made with her… Continue reading