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HomeMy WebLinkAbout2024/01/02 - Regular PacketBoard of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 January 2, 2024 9:00 a.m. January 2.2 Commission meetings are live streamed at http://www.masonwebtv.com/ Effective May 10, 2022, regular Commission business meetings will be held in -person and via Teams. Please click the Teams meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognized by the Chair to provide your comments and testimony. Public comment and testimony can be provided in -person, and you can also e-mail msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Selection of Chair and Vice-Chair 5. Open Forum for Citizen Input Please see above options to provide public comment; 3 minutes per person, 15-minute time limit. 6. Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m. 7. Approval of Minutes – November 28 and December 4, 2023 Special Meeting Minutes 8. Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of the Women, Infants, and Children (WIC) contract amendment to extend the period of performance through February 29, 2024 to continue staff training in preparation for Public Health and Human Services to begin providing WIC Nutrition Program services by March 2024. 8.2 Approval for the Chair to sign the Youth Cannabis and Commercial Tobacco Prevention Program contract for the total amount of $21,330 from October 1, 2023 through June 30, 2024 to plan, implement, and evaluate cannabis and commercial tobacco. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. 10.1 Public Hearing to consider adopting the amendment to the Mason County Development Areas (Zoning) Map rezoning parcel no. 32003-13-00100 and 32003-31-00010 from Rural Commercial (RC2) to Rural Industrial (RI). Staff: Marissa Watson 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Danielle Thompson Ext. 419 DEPARTMENT: Support Services Action Agenda DATE: January 2, 2024 No. 4.1 ITEM: Correspondence 4.1.1 Applications received for open Advisory Boards. Planning Advisory Commission—William Harris Mason Transit Authority Board—Patrick W. O’Brien Mason Transit Authority Board—Richard M. Stevens Sr. 4.1.2 Resignation from the Civil Service Commission received from Bill Kendrick. 4.1.3 Preliminary Petition for a County Road Improvement District received for Shetland Road from Douglas Greer. Attachments: Originals on file with the Clerk of the Board. Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 November 28, 2023 1. Call to Order – The Chairperson called the special meeting to order at 1:00 p.m. 2. Corporal Tim Ripp led the pledge of allegiance. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 4. Public Comment No Public Comment at this time. 5. Approval of the action agenda: Cmmr. Neatherlin/Shutty moved and seconded to approve the agenda as published with the removal of item 5.1 for separate discussion and vote. Motion carried. N-aye; S-aye; T-aye. 5.1 Approval of the January 2022 – December 2025 Collective Bargaining Agreement (CBA) for Mason County Sheriff’s Office Employees Guild Deputy Sheriffs. Detective Michael Sargeant, Corporal Tim Ripp, and Sheriff Ryan Spurling shared this contract will be very good for the future of the agency and are happy with how negotiations ended. Cmmr. Neatherlin added that negotiations can be difficult. The Commission wanted the Sheriff’s Office employees to be well compensated and protected. Cmmr. Shutty appreciated the patience and persistence of the Guild and shared his thanks for all parties involved. The community, and Commission, greatly appreciates all that law enforcement officers do. Cmmr. Trask also shared her thanks. Cmmr. Neatherlin/Shutty moved and seconded to approve the January 2022 – December 2025 Collective Bargaining Agreement (CBA) for Mason County Sheriff’s Office Employees Guild Deputy Sheriffs. Motion carried unanimously. N-aye; S-aye; T-aye. 5.2 Approval of the following Mason County Officers, Employees, and Volunteer(s) request for Defense and Indemnification coverage assigned by the County as named defendants in the case of Austin Jansen v. Mason County, et al., Case No. 3:23-cv-05840-TMC United States District Court Case served upon them on November 1, 2023: Judge Monty Cobb. 5.3 Approval of the Resolution placing a proposition on the February 13, 2024 Special Election ballot authorizing a Sales & Use tax rate of 2/10 of 1% Sales & Use Tax for 911 Emergency Communication Operations. (Exhibit A, Resolution No. 2023-075) 6. Adjournment – The meeting adjourned at 1:15 p.m. 2 | N o v e m b e r 2 8 , 2 0 2 3 S p e c i a l M i n u t e s ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Sharon Trask, Chair _______________________________ Randy Neatherlin, Vice-Chair ___________________________ Kevin Shutty, Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 December 4, 2023 1. Call to Order – The Chairperson called the special meeting to order at 9:00 a.m. 2. Cmmr. Neatherlin led the pledge of allegiance. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 4. No Public Comment 5. Public Hearing to consider adopting the 2024 Budget for Mason County. Staff: Jennifer Beierle Jennifer Beierle shared this Public Hearing is to consider adoption of the 2024 Budget for Mason County. Copies of the 2024 preliminary budget were made available to the public on November 20, 2023 on the County website. The Public Hearing notice was advertised in the Shelton-Mason County Journal two weeks prior to the hearing. Changes since the preliminary budget were posted on the website include: Non-Departmental under the General Fund $999,100 was added in revenue and operating expenditures for the Commerce jail expansion study grant; Sheriff’s Office Salaries and Benefits added expenditures for the Sheriff’s Guild contract $907,419; and for the Belfair Sewer Fund 413 principal and interest payments of $30,232 were removed for two Department of Ecology loans. The first option is to move to adopt the 2024 Budget in the total amount of $183,209,502. The General Fund is $72,294,546 and is broken down as: Beginning Fund Balance $28 million; total Revenue $72,294,546; Salaries and Benefits $34,802,119; Operating $17,161,285; Expenditures $72,294,546; and Ending Fund Balance $20,331,142. Special and Other Funds is $110,914,956 and is broken down as: Beginning Fund Balance $47,093,993; total Revenue $63,820,963; Salaries and Benefits $15,382,186; Operating $58,143,489; and Ending Fund Balance $37,389,281. Total Revenues and Beginning Fund Balance $110,914,956; and total Expenditures and Ending Fund Balance $110,914,956. The second option is to close public comment and continue the hearing to December 19, 2023 at 9:15 a.m. to consider adoption of the 2024 Budget. Jennifer also shared her thanks for everyone who worked on the Budget. Cmmr. Shutty/Neatherlin motioned and seconded to adopt the 2024 budget in the total amount of $183,209,502. The General Fund is $72,294,546 and the total other funds are $110,914,956. Motion carried unanimously. N-aye; S-aye; T-aye. The Commissioners shared their thanks. 6. Adjournment – The meeting adjourned at 9:09 a.m. 2 | D e c e m b e r 4 , 2 0 2 3 S p e c i a l M i n u t e s ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Sharon Trask, Chair _______________________________ Randy Neatherlin, Vice-Chair ___________________________ Kevin Shutty, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Melissa Casey Ext. 404 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 18, 2023 Agenda Date: January 2, 2024 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.1 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Women, Infants, and Children (WIC) Contract Amendment #2 Background/Executive Summary: The purpose of this amendment is to extend the period of performance through February 29, 2024 to continue staff training in preparation for Public Health and Human Services to begin providing WIC Nutrition Program services by March 2024. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): None Requested Action: Approval of the Women, Infants, and Children (WIC) contract amendment to extend the period of performance through February 29, 2024 to continue staff training in preparation for Public Health and Human Services to begin providing WIC Nutrition Program services by March 2024. Attachments: WIC Contract #GVL28360 Amendment #2 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Melissa Casey Ext. 404 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 18, 2023 Agenda Date: January 2, 2024 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.2 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Youth Cannabis and Commercial Tobacco Prevention Program (YCCTPP) Contract Background/Executive Summary: The mission of the Youth Cannabis and Commercial Tobacco Prevention Program (YCCTPP) is to prevent initiation and reduce cannabis and commercial tobacco use by youth, ages 12-20, support adults who influence these youth, leverage resources for promoting and supporting commercial tobacco dependence treatment, and reduce cannabis and commercial tobacco-related inequities within Washington State. This contract with Capital Region ESD 113 will award Mason County Public Health and Human Services $21,330 through June 30,2024 to implement cannabis and tobacco prevention efforts towards youth, school districts, and the community. Budget Impact (amount, funding source, budget amendment): $21,330 State funding Public Outreach (news release, community meeting, etc.): None Requested Action: Approval for the Chair to sign the Youth Cannabis and Commercial Tobacco Prevention Program contract for the total amount of $21,330 from October 1, 2023 through June 30, 2024 to plan, implement, and evaluate cannabis and commercial tobacco. Attachments: Mason County YCCTPP Contract 2023-2024 CAPITAL REGION ESD 113 INTERLOCAL AGREEMENT AR FORM 6105-IA Page 1 of 8 Revised: June 28, 2023 (May 10, 2023) (May 1, 2021) (September 1, 2019) (December 2014) Contract for services provided by Capital Region ESD 113 dated this 6th day December 2023 between: CAPITAL REGION ESD 113 (ESD113) 6005 Tyee Drive SW ∙ Tumwater, WA 98512 AND MASON COUNTY PUBLIC HEALTH (AGENCY) 415 N 6th Street, Bldg 8 ∙ Shelton, WA 98584 In consideration of the promises and conditions contained herein, ESD113 and Agency do mutually agree as follows: I. PURPOSE The purpose of this Agreement is to provide state funding to plan, implement, and evaluate cannabis and commercial tobacco* (including vapor products) prevention and control activities in accordance with Department of Health (DOH) contract #GVL28670-0 in support of the YCCTPP’s mission statement. Background: The Youth and Cannabis and Commercial Tobacco Prevention Program’s (YCCTPP) mission is to prevent initiation and reduce cannabis and commercial tobacco use by youth, ages 12-20, support adults who influence these youth, leverage resources for promoting and supporting commercial tobacco dependence treatment and reduce cannabis and commercial tobacco-related inequities within Washington State. II. GRANT REQUIREMENTS & STATEMENT OF WORK: The Agency will furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to the performance of the work detailed in Exhibit A, Statement of Work (SOW), incorporated herein. III. RESPONSIBILITY OF CAPITAL REGION ESD 113 (ESD 113) 1. ESD 113 will disburse funds to Mason County Public Health Agency. 2. ESD will provide technical assistance as needed. 3. ESD 113 will report to DOH on implementation progress. IV. RESPONSIBILITIES OF GOVERNMENTAL AGENCY (AGENCY) 1. The Agency has full responsibility for the conduct and activity supported under this contract and for adherence to the contract conditions. Although the Agency is encouraged to seek the advice and opinion of ESD 113 and DOH on special problems that may arise, such advise does not diminish the Agency’s responsibility for making sound scientific and administrative judgments and should not imply that the responsibility for operating decisions has shifted to ESD 113 or DOH. The Agency is responsible for notifying ESD 113 about any significant problems relating to the administrative or financial aspects of the contract. 2. The requirements of this contract are contained in the General Terms and SOW unless otherwise specified in this contract. Certain applicable Federal standards are incorporated by reference. 3. By acceptance of this contract, the Agency agrees to comply with applicable Federal requirements and management of all expenditures and actions affecting the contract. Documentation for each Contract # 6105-IA-01984 Title Mason County Public Health YCCTPP 2023-2024 DocuSign Envelope ID: 6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11 CAPITAL REGION ESD 113 INTERLOCAL AGREEMENT AR FORM 6105-IA Page 2 of 8 Revised: June 28, 2023 (May 10, 2023) (May 1, 2021) (September 1, 2019) (December 2014) expenditure or action affecting this contract must reflect appropriate organizational reviews or approvals which should be made in advance of action. Organizational reviews are intended to help assure that expenditures are allowable, necessary, and reasonable for the conduct of the project, and that the proposed action: A. Is consistent with the contract terms and conditions; B. Represents effective utilization of resources; and C. Does not constitute a significant project change V. TERM OF THE CONTRACT The initial term start of this contract shall commence on October 1, 2023 and be completed on June 30, 2024, unless terminated sooner as provided herein. Any work done outside of the contract period shall be provided at no cost to ESD 113 and may not be reimbursed under this contract. Auto-renewing? NO YES VI. PAYMENT PROVISIONS Compensation for the work provided in accordance with this Agreement has been established under the terms RCW 39.34.130. The parties have estimated that the cost of accomplishing the work herein will not exceed $21,330 (twenty-one thousand three hundred and thirty dollars, 00/100), in accordance with Exhibit A, attached hereto and incorporated herein. Compensation includes but is not limited to all taxes, fees, surcharges, etc. Payment will not exceed this amount without prior written amendment. A. Total consideration for this contract is up to $21,330 and is further divided as follows: Chart of Accounts, Program Name or Title Funding Period Start Date Funding Period End Date Funding Amount Funding Source SFY24 Youth Tobacco Vapor Products October 1, 2023 June 30, 2024 $1,347 The Youth Tobacco and Vapor Product Prevention Account (YVTP) SFY24 Dedicated Cannabis Account October 1, 2023 June 30, 2024 $19,983 The Dedicated Cannabis Account (DCA) B. Agency agrees to comply with applicable rules and regulations associated with these funds. 1. ESD 113 will authorize payment only upon satisfactory completion and acceptance of deliverable and for allowable costs as outlined in the Statement of Work and Responsibilities of Governmental Agency. 2. Monthly Activity Reports are to be submitted to ESD 113 by the 5th of each month for the previous month’s activity and the Expenditure Report and Invoice Request for Reimbursement must be provided to ESD 113 by the 15th day of the month for the previous month’s activity to receive reimbursement for the previous month. DocuSign Envelope ID: 6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11 CAPITAL REGION ESD 113 INTERLOCAL AGREEMENT AR FORM 6105-IA Page 3 of 8 Revised: June 28, 2023 (May 10, 2023) (May 1, 2021) (September 1, 2019) (December 2014) 3. Agency will submit all reimbursement forms to cchitwood@esd113.org and purchasing@esd113.org 4. Reimbursement requests must include a general ledger of expenses. Supporting documentation such as approved timesheets, payroll records, and receipts for equipment, goods, services, related travel, and payments to vendors contracted by the Agency will be held by the Agency and made available to ESD 113 upon request. 5. Agency will produce a required final 4-month expenditure plan by February 28th, 2024, to ESD 113 YCCTPP Region Network Facilitator explaining in detail how the remaining YCCTPP funds will be spent by June 30th, 2024. If ESD 113 YCCTPP Region Network Facilitator does not receive a final 4-month expenditure plan by February 28, 2024, and/or the funds are not 50% spent by this date, ESD 113 reserves the right to reallocate those unspent funds for YCCTPP enrichment activities, events, trainings, or other such relevant uses. 6. The Agency is encouraged to make final purchases by May 30, 2024, to allow adequate time to submit invoices and receipts. Purchased goods must be in the possession of program staff no later than June 30, 2024. Final invoices and receipts should be submitted to ESD no later than July 15, 2024. SIGNATURES In witness whereof, Capital Region ESD 113 and the Agency certify that they have read, understand, and executed this entire agreement. _________________________________ Date _______ _________________________________ Date _______ Capital Region ESD 113 Authorized Signor Agency’s Signature Original copy to be signed, returned to Capital Region ESD 113, and approved by its designee prior to the commencement of services. DocuSign Envelope ID: 6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11 12/19/2023 CAPITAL REGION ESD 113 INTERLOCAL AGREEMENT AR FORM 6105-IA Page 4 of 8 Revised: June 28, 2023 (May 10, 2023) (May 1, 2021) (September 1, 2019) (December 2014) GENERAL TERMS AUTHORITY This agreement between Capital Region ESD 113 and AGENCY, is entered into in accordance with the authority granted in the Interlocal Cooperation Act, RCW 39.34.030 and provisions that authorize educational service districts and school districts to contract with each other for services, specifically 28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035 The provisions of educational, instructional or specialized services in accordance with this Agreement shall improve student learning or achievement. A separate legal entity is not being created. Capital Region ESD 113 shall administer the joint undertaking desribed in the terms of this Agreement. PAYMENTS Capital Region ESD 113 or its designee determines that the services or goods provided by Agency are satisfactory, provided that such determination shall be made within a reasonable time and not be unreasonably withheld. Interim payments during the contract are allowed as specified. Any date specified herein for payment(s) to Agency shall be considered extended as necessary to process and deliver a warrant for the amount(s). Such extension will be not greater than thirty (30) days following completion of the service and receipt of an appropriate invoice, whichever occurs later. PROHIBITION AGAINST ASSIGNMENT Neither this contract nor any interest therein may be assigned by either party without first obtaining the consent of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS: This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. NON COMPETE Not applicable if checked. During the term of this contract and for 24 months after the contract completion, including any contract time extensions provided, the Contractor shall not enter into business practices related to this contract to, or within, the ESD 113 region without express written permission of the Superintendent of ESD 113. OWNERSHIP OF WORK PRODUCTS AND RESTRICTION AGAINST DISSEMINATION If the Agency is required by this Contract to develop a concept or product for ESD 113, then all correspondence, papers, documents, reports, files, film work products (inclusive of intellectual concepts and properties), and all copies thereof which are received or developed by the Agency and Agency‘s employee(s) and agent(s) in the course of performing, or as incident thereto, Agency’s duties pursuant to the agreement shall, immediately upon receipt, preparation, or development, become the exclusive property of ESD 113 in perpetuity of any and all purposes. All items described above shall be provided to and left with the ESD 113. When ESD 113 obtains such rights, the Agency and Agency’s employees and agent(s) shall not, without prior written approval of ESD 113, either during the term of this agreement or at any time thereafter, directly or indirectly disclose or give to any person, firm, partnership, corporation, agency or political subdivision; any state or federal government; any educational agency, institution, or organization any portion of the above-described items and properties or any information acquired in the course of or as an incident to the performance of contracted duties hereunder, for any purpose or reason. COPYRIGHT The Agency shall be responsible for the acquisition of any necessary copyright releases for materials used in the performance of services under this Contract. This shall not include materials originated under this Contract to which ownership belongs to the ESD, as discussed in the previous section. INDEMNIFICATION The Agency or its designee indemnifies and shall defend and hold ESD 113, its employees, agents and representatives, harmless from and against all third-party claims, actions, liens, suits or proceedings asserted against ESD 113 that are related to the DocuSign Envelope ID: 6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11 CAPITAL REGION ESD 113 INTERLOCAL AGREEMENT AR FORM 6105-IA Page 5 of 8 Revised: June 28, 2023 (May 10, 2023) (May 1, 2021) (September 1, 2019) (December 2014) Agency’s obligations or performance under this Contract. The Agency shall timely reimb urse ESD 113 for all costs, expenses, damages, losses, liabilities or obligations, including reasonable attorney’s fees, incurred by ESD 113 as a result of such third- party claims, actions, liens, suits or proceedings. ESD 113 or its designee indemnifies and shall defend and hold The Agency, its employees, agents and representatives, harmless from and against all third-party claims, actions, liens, suits or proceedings asserted against Th e Agency that are related to ESD 113’s obligations or performance under this Contract. ESD 113 shall timely reimburse The Agency for all costs, expenses, damages, losses, liabilities or obligations, including reasonable attorney’s fees, incurred by The Agency as a result of such third- party claims, actions, liens, suits or proceedings. DISPUTES Notice of potential disputes between the Agency and ESD 113 on the interpretation of the content of this contract or any appendices must be served in writing to the other party to this contract. There shall be an attempt to resolve the dispute, but if resolution is not possible, each party shall submit their positio n and supporting documentation to the ESD 113 Board of Directors, whose decision shall be final. TERMINATION This agreement may be terminated by either party or any designee thereof at any time, with or without reason, upon written notification thereof to the other party. The notice shall specify the date of termination and shall be conclusively deemed to have been delivered and received by the other party as of midnight of the fifth day following the date of its posting in the United States mail addressed as first noted herein in the absence of proof of actual delivery to and receipt by Agency by mail or other means at an earlier date and/or time. In the event of termination, Agency shall be entitled to an equitable proration of the total compensation provided herein for uncompensated services which have been performed as of termination, and to the reimbursement of expenses incurred as of termination, but solely to the extent such expenses are reimbursable pursuant to the provision of the agreement. VERBAL AGREEMENTS This written agreement constitutes the mutual agreement of Agency and Capital Region ESD 113 in whole. No alteration or variation of the terms of this agreement and no oral understandings or agreements not incorporated herein, shall be binding unless such amendments have been mutually agreed to in writing. APPLICABLE LAW This agreement shall be governed by the laws of the State of Washington. Venue for any legal action shall be proper only in Thurston County, Washington. Agency shall comply, where applicable, with the Agency Work Hours and Safety Standards Act and any other applicable federal and state statutes, rules and regulations. CRIMINAL ACTIVITY Agency shall ensure that the Agency and the Agency’s employees or agents having unsupervised access to children in the performance of this agreement have no prior conviction, civil adjudications or disciplinary board final decisions which indicate that it is inappropriate for these individuals to be working with children. Furthermore, persons ha ving unsupervised access to children, under this contract, shall be fingerprinted and checked through the Washington Sta te Patrol (WSP) criminal identification system, prior to preforming services under this contract. NONDISCRIMINATION No person of any class protected by law shall on the grounds of that class be excluded from participation in, be denied t he benefits of, or be otherwise subject to discrimination under any activity performed pursuant to this agreement. BACKGROUND CHECKS Agencies who will or may during the activities of this contract have regularly scheduled unsupervised access to children under 16 years of age, developmentally disabled persons, or vulnerable adults during the course of work shall, as part of this contract, complete background check forms submitted by ESD 113. (RCW 43.43.830) Exception: An Agency may provide proof of an existing valid background check. DocuSign Envelope ID: 6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11 CAPITAL REGION ESD 113 INTERLOCAL AGREEMENT AR FORM 6105-IA Page 6 of 8 Revised: June 28, 2023 (May 10, 2023) (May 1, 2021) (September 1, 2019) (December 2014) CONFLICT OF INTEREST Neither the Contractor nor Contractor’s employee(s) shall perform any duty pursuant to this agreement in which duty he/she may have participated as an employee of the ESD 113. AGENCY’S SIGNATURE Agency and/or Agency’s employee(s) or agent(s) signing this document certifies that he/she is the person duly qualified and authorized to bind the Agency so identified to the foregoing agreement, and under penalty of perjury certifies the federal identification number or social security number provided is correct. INSURANCE COVERAGE The Agency is not included under any ESD 113 insurance coverage. Accordingly: The Agency is responsible for obtaining his/her own insurance coverage for Auto and General Liability. The Agency must provide Industrial Insurance (Workers Compensation Insurance) for him/herself including owners and directors, and any employees. It is further understood and agreed that the Agency and the Agency’s employees are not covered by either Industrial Insurance or Unemployment Insurance through ESD 113. The Agency should consider obtaining additional insurance for any other liabilities that they may be subject to. The Agency expressly waives all immunity and limitation on liability as an employee under any industrial insurance act or workers’ compensation act and indemnifies and holds harmless ESD 113 for any damages arising out of or in connection with the work of this contract, except to the extent that it is caused by ESD 113’s sole negligence. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND INELIGIBILITY If federal funds are the basis for this agreement, Agency certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any federal department or agency. ESD 113 PROGRAM MANAGER Erin Wick PROGRAM ACCOUNT CODE 2064, 2084 BOARD NOTIFICATION If contract/consortium is over $50,000, summary sent to ESD Contracts Office. YES N/A AGENCY CONTACT NAME: Emily Layman EMAIL: ELAYMAN@MASONCOUNTYWA.GOV AUTHORIZED SIGNOR NAME: DAVID WINDOM EMAIL: DWINDOM@MASONCOUNTYWA.GOV CONTRACT OFFICE APPROVAL – In accordance with Capital Region ESD 113 Signature Authorization and Control Procedure 6105-P. _______________ Contract Office Approval DocuSign Envelope ID: 6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11 CAPITAL REGION ESD 113 INTERLOCAL AGREEMENT AR FORM 6105-IA Page 7 of 8 Revised: June 28, 2023 (May 10, 2023) (May 1, 2021) (September 1, 2019) (December 2014) EXHIBIT A: STATEMENT OF WORK ESD 113 will provide support to The Mason County Public Health and Human Services (MCPHHS) as they work on a series of events that will be focused on cannabis and commercial tobacco prevention efforts towards youth, school districts, and community members. With this relationship, we are hoping to strengthen the work being done around smoking and vaping, leverage the expertise of Mason County professionals in the region, and increase cessation by youth in Mason County. Responsibilities of Mason County Public Health and Human Services (MCPHHS): 1. Deliverable: Support schools in implementing effective and equitable Substance Use Discipline Policies, Practices, and Procedures, and in providing prevention resources on cannabis and tobacco prevention. Activities: a. Support at least 1 school/Youth coalition on school discipline topics through technical assistance on specific areas of need. b. Compile, and disseminate prevention and cessation resources to school and coalition partners. c. Promote Prevention Voices Tools and Resources to Mason County Substance Abuse Prevention Coalition Partners. 2. Deliverable: Create a community engagement campaign around prioritized populations/communities on youth cannabis and tobacco prevention. Activities: a. Support regional equity training & Technical Assistance (TA) opportunities to regional network partners via email, local coalition meetings, regional coalition coordinators meetings, and promotion to school admin & SAPs. b. Identify minority group leaders in LGBTQ+, Pacific Islander, Indigenous Nations, and other communities, and include them in already existing prevention networks. c. Work with youth leaders in the region to develop social norms campaign. d. Work with partners to address Youth Assessments in the region to identify additional prevention needs. e. Engage in professional development training opportunities to include youth engagement and other relevant topics that support prevention work. 3. Deliverable: Community education Activities: a. Create media plan for 23-24 to promote You Can, Under the Influence of You, WA Quitline and any additional Youth Cannabis and Tobacco Prevention campaigns and resources provided by WA DOH social media campaign. b. Promote youth developed social norms campaign virtually as well as in person. DocuSign Envelope ID: 6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11 CAPITAL REGION ESD 113 INTERLOCAL AGREEMENT AR FORM 6105-IA Page 8 of 8 Revised: June 28, 2023 (May 10, 2023) (May 1, 2021) (September 1, 2019) (December 2014) c. Conduct an environmental assessment of cannabis and tobacco advertising, promotion, and packaging and labeling practices within Mason County and share the assessment findings with City Council and Mason County Board of Health 4. Deliverable: Collaborate with regional partners to explore addressing safe storage of cannabis & tobacco products. Activities: a. Partner with local business and schools to promote RX Take Back Days that accept vape devices and include information on best practices for disposing of vape devices/waste that cannot be accepted at take back event 1. Provide information in English and Spanish b. Promote safe storage project opportunities & safe storage messaging via email and social media and at North Mason Safety Days project c. Work with at least 2 private businesses to distribute safe storage materials in Mason County DocuSign Envelope ID: 6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Marissa Watson Ext. 367 Department Community Development: Briefing: ☒ Action Agenda: ☒ Public Hearing: ☒ Special Meeting: ☐ Briefing Date(s): November 27, 2023 Agenda Date: January 2, 2024 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 10.1 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Rezone of two parcels within the rural lands, 32003-13-00100 & 32003-31-00010, from Rural Commercial 2 (RC2) to Rural Industrial (RI). Background/Executive Summary: Rezone two parcels, 32003-13-00100 & 32003-31-00010, from Rural Commercial 2 (RC2) to Rural Industrial (RI). The parcels were recently approved for a boundary line adjustment which sets new boundaries around the existing self-storage facility and Redi-mix concrete facilities and storage areas. The boundary line adjustment required adjusting the parcel line up into the rural residential parcel to the north under the same ownership. The use of at least a portion of the rural residential parcel for the Redi-mix business is noted on the application as existing since 1985. There is no proposal to expand any of the businesses existing on the parcels, the boundary line adjustment was made to better delineate the commercial uses from the industrial uses which have existed at least since the early 90s prior to zoning establishment within the County. The PAC, at their November 2023 meeting, recommended (unanimously) that the BOCC approve the request to rezone. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): The public hearing with the PAC on 11.20.23 was advertised in the Mason Shelton Journal on November 9, 2023 and November 16, 2023. The Public hearing with the BOCC was advertised in the Journal December 14th and 21st of 2023. This meeting of the BOCC was advertised on the home page of the Mason County website. Requested Action: Approval and adoption of amendment to the Mason County Development Areas (zoning) Map rezoning parcels 32003-13-00100 and 32003-31-00010 from Rural Commercial 2 (RC2) to Rural Industrial (RI). Mason County Agenda Request Form Attachments: Ordinance Staff Report MC Case: AFA2023-00005 615 W. Alder Street  Shelton, Wa 98584 1  360.427.9670 ext. 352 |  masoncountywa.gov REQUEST FOR REZONE SUMMARY OF PROPOSAL & BACKGROUND APPLICANT (OWNER: SAME) C Dietz Kadoun SE 40 Mell Rd Shelton, WA 98584 The Jared Kadoun submitted a complete rezone application, with fees, to the Permit Assistance Center on 08/31/23. The parcels are owned by C Dietz Kadoun Et Al. PROPOSAL Rezone two parcels, 32003-13-00100 & 32003-31-00010, from Rural Commercial 2 (RC2) to Rural Industrial (RI). The parcels were recently approved for a boundary line adjustment which sets new boundaries around the existing self-storage facility and Redi-mix concrete facilities and storage areas. The boundary line adjustment required adjusting the parcel line up into the rural residential parcel to the north under the same ownership. The use of at least a portion of the rural residential parcel for the Redi-mix business is noted on the application as existing since 1985 and appears on GIS mapping as soon as the early 90s. There is no proposal to expand any of the businesses existing on the parcels, the boundary line adjustment was made to better delineate the commercial uses from the industrial uses which have existed at least since the early 90s prior to zoning establishment within the County. Staff has noticed the recent placement of ecology block along the eastern edge of parcel 32003-13-00100 adjacent to state route 3. Applicant Proposal: Proposed rezone of two parcels, 32003-13-00100 & 32003-31-00010, from Rural Commercial 2 (RC2) to Rural Industrial (RI). Department: Community Development – Planning Staff Contact(s): Marissa Watson, Senior Planner Ext. 367 or mwatson@masoncountywa.gov Date: January 2, 2024 Action Requested at this Meeting: BOCC review and approval of rezone request. MC Case: AFA2023-00005 615 W. Alder Street  Shelton, Wa 98584 2  360.427.9670 ext. 352 |  masoncountywa.gov PARCEL INFORMATION Parcel No. 32003-13-00100 & 32003-31-00010: Lots are cleared of most vegetation. Several areas on lots are used to minimally process the materials from the adjacent gravel mine. Once minimally processed, the material is loaded onto trucks. The subject parcels house the processing equipment, storage buildings, and truck yard. In the middle of these two parcels is a separate parcel that contains the Sentry Mini Storage facility. The subject parcels and nearby gravel mining site are adjacent to additional commercial businesses and just north of John’s Creek. ZONING INFORMATION CURRENT ZONING DESIGNATION: RURAL COMMERCIAL 2 (RC2) There are four types of rural commercial districts. These districts provide for a variety of commercial areas reflecting the diversity of existing business areas. Parcels with this designation that are located within RACs, hamlets, ICIAs, and other areas designated under RCW 36.70A.070(5)(d)(i) ("D1 LAMIRDs") shall be principally designed to serve the existing and projected rural population. The county's primary method of such design is to limit building size, and height so that businesses of such size and intensity will ordinarily be oriented towards primarily serving the existing and projected rural population. Isolated LAMIRDs ("D2 and D3 LAMIRDs") of a commercial nature are not required to be principally designed to serve the rural population. These isolated commercial LAMIRDs, however, shall protect rural character, which is defined at RCW 36.70A.030(23), by containing and limiting rural development, by not being in conflict with surrounding uses and by assuring that such development is visually compatible with the surrounding area. The county's primary method of achieving such purpose is by providing for buffer yards, limiting the character of rezones, by limiting building size, and height in such a way as to be appropriate for the rural areas. Public services and facilities shall not be provided so as to permit low intensity sprawl. USES PERMITTED: (a) Uses. Convenience/general store, retail, restaurant, vehicle and equipment repair and maintenance (automotive, truck, farm implement, and small engines), small office, laundry, professional services, public meeting space, nursery, post office/fire station, church, local community and recreation centers, commercial/government operated day care, single-family residential. (b) Uses Permitted with Special Use Permit. Gas, self-storage. PROPOSED ZONING DESIGNATION: RURAL INDUSTRIAL (R I ) MC Case: AFA2023-00005 615 W. Alder Street  Shelton, Wa 98584 3  360.427.9670 ext. 352 |  masoncountywa.gov The rural industrial (RI) district provides for isolated areas of primarily existing industrial-type uses. USES PERMITTED: (a) Uses. Manufacturing, warehousing, truck yards, and contractor yards. (b) Accessory Uses. Retail space not to exceed ten percent of the floor area. (c) Special Permit Required Uses. Accessory air transportation. CURRENT SURROUNDING ZONING: NORTH: Rural Residential 5 EAST: SR3 – Rural Residential 5 SOUTH: Rural Residential 5 WEST: Rural Natural Resource ANALYSIS Mason County Code Section 17.05.080(a) describes the eight rezone criteria used to review a rezone proposal. These criteria have been established and adopted specifically for Mason County to establish standards by which each zone is to be reviewed. The Code requires that each rezone be evaluated considering these standards; however, it does not require that they all be met. Below is Staff responses to the proposed request: 1. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. This criterion is met as the applicant’s proposed rezone of the parcels will not damage public health, safety and welfare. The applicant is requesting zoning that would more appropriately fit the use that has been in existence since the early 90s. The prior boundary line adjustment right sizes the extents of the existing rural industrial use and the rezone request makes sure zoning is consistent with the development regulations. 2. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations, and other County ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. Staff believes this criterion has been met as it is consistent with the Comprehensive Plan and specifically consistent with the Rural Industrial (RI) zone. The use has existed since the early 90s prior to the County adopting the Growth Management Act and becoming a fully planning jurisdiction. The Rural Industrial zoning matches the use as a concrete redi-mix business. MC Case: AFA2023-00005 615 W. Alder Street  Shelton, Wa 98584 4  360.427.9670 ext. 352 |  masoncountywa.gov 3. No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity. This criterion is met and staff believes the rezone of these parcels would not increase sprawl or low-density development or cause it to occur. This rezone is acknowledging more appropriately what has existed for many years and does not intend to increase the scale of the use. 4. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including but not limited to streets, parking, utilities, fire protection, police, and schools. This criterion is met as the proposed zoning is only acknowledging a use that has existed prior to GMA adoption, attempting to make what would be legal non-conforming according to current zoning, conforming. The industrial use of the properties operates with few facilities and no additional facilities are planned. Expansion of a rural industrial business in this area would be limited to the services available. 5. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. This criterion is met. The current use of the property has been that of a concrete redi-mix yard for many years and “urban” services and facilities are not predicted to be necessary as there is no proposed expansion. 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. This criterion is met as the proposed rezone of these parcels would not materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. There is no request to expand the operations of the business nor develop any additional structures associated or not with the business. There is always the possibility of an expansion proposal in the future which would be reviewed under the current adopted zoning code, critical areas ordinance, and shoreline master program if applicable. MC Case: AFA2023-00005 615 W. Alder Street  Shelton, Wa 98584 5 360.427.9670 ext. 352 |  masoncountywa.gov 7.No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. This criterion is met. The rezone corrects the zoning to match the long-existing use, it does not increase population growth in rural areas. This is a special case in which a use existing prior to GMA and planning within the County was established but the boundaries and the zoning were not adequately altered to fully encompass each use in the correct envelope and designation. 8.These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. Not applicable to this situation. NOTIFICATION & COMMENT STATE ENVIRONMENTAL PROTECTION ACT (SEPA) A Non-Project SEPA checklist was filled out by the applicant, staff issued a Determination of Non- significance on October 11, 2023 and the comment period ends on October 25, 2023. No comments on the SEPA were received. PUBLIC NOTIFICATION All property owners within 300 feet of the subject parcel were notified by mail, on October 13, 2023 informing them of the proposal to rezone the properties. In addition, Public Notice of the PAC public hearing was published in the Mason Shelton Journal on November 9 and November 16, 2023. The first Public Notice was posted onsite on October 18, 2023. The site was posted a second time on November 2, 2023. The Public Hearing with the BOCC was advertised in the Shelton-Mason County Journal on the 14th and 21st of December 2023, as well as on the County webpage under Commissioners Agendas and Minutes. PUBLIC COMMENTS Staff has not received any public comment as of drafting this staff report, but will provide the BOCC with any comments received prior to the public hearing. RECOMMENDATION MC Case: AFA2023-00005 615 W. Alder Street  Shelton, Wa 98584 6 360.427.9670 ext. 352 |  masoncountywa.gov OPTIONS FOR ACTION: 1.Approval of the proposal as the applicant has requested. 2.Denial of the proposal. 3.Remand to Planning Advisory Commission for additional consideration. REQUESTED ACTION The Planning Advisory Commission and Staff recommend approval of the rezone request as requested by the applicant. ATTACHMENTS •Application and Rationale for Request (criteria questions) •Current Zoning Map, Boundary Line Adjustment survey map, and sketch map with proposed zoning •Notice of Hearing •60-Day Notice to Commerce •Property owners within 300' who received notice by mail Vicinity M ap Kadoun Rezone - 4091 E State Route 3 Shelton, Wa 98584 Legend 4091 WA-3 Bays hore Cannabis Co Feature 1 2000 ft N ➤➤ N Mason County WA GIS Web Map Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community County Boundary No Filled Tax Parcels (Zoom in to 1:30,000) Rural Zoning Rural Multi Family Inholding Lands Rural Residential 2.5 Acres Rural Residential 5 Acres Rural Residential 10 Acres Rural Residential 20 Acres Agricultural Resource Lands 10/11/2023, 12:21:40 PM 0 0.05 0.10.03 mi 0 0.08 0.160.04 km 1:3,070 Maxar | Mason County WA GIS Web Map Application Page: 1 MASON COUNTY Planning Division of Community Development 615 W. Alder St. Bldg. 8, Shelton, WA 98584 360-427-9670 ext 352 SEPA DETERMINATION OF NON-SIGNIFANCE (DNS) Permit #: Project Name: Project Description Location: Parcel Number: Proponent: Lead Agency: SEP2023-00055 KADOUN REZONE REZONE OF PARCELS FROM RURAL COMMERCIAL 2(RC2) TO RURAL INDUSTRIAL (RI) 4101 E State Route 3 SHELTON, WA 98584 320031300100 AND 320033100010 KADOUN ET AL C DIETZ Mason County Lead Agency Contact:Marissa Watson 360-427-9670 ext. 367 Comment Deadline 10/25/2023 The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. This DNS is issued under WAC 197-11-340(2). The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to the Dept of Community Development, 615 W Alder St, Shelton, WA 98584 by the comment deadline. Appeal of this determination must be filed with a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals Authorized Local Government Official Date 10.11.23 Attachment: newly approved BLA Map indicating lines of parcels mentioned above for rezone. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Mason County Planning Advisory Commission will hold a public hearing in person and via Zoom on Monday, November 20, 2023 at 6:00 p.m. SAID HEARING will be to consider adopting the following Development Areas amendment (REZONE): REQUEST FROM APPLICANT, C DIETZ KADOUN TO REZONE TWO PARCELS, RECENTLY APPROVED FOR BOUNDARY LINE ADJUSTMENT, FROM RURAL COMMERCIAL 2 (RC2) TO RURAL INDUSTRIAL (RI). THE USE OF THE PARCELS AS INDUSTRIAL WAS ESTABLISHED PRIOR TO ZONING CODE. PARCELS(2): 32003-13-00100 AND 32003-31-00010 SEPA DNS ISSUED 10.11.23 WITH COMMENTS DUE 10.25.23. Any person desiring to express their view or to be notified of the action taken on the application should attend in person or virtually, or notify: MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT ATTENTION: Marissa Watson, Senior Planner 615 W. Alder Street Shelton, WA 98584 mwatson@masoncountywa.gov (360) 427 -9670 ext. 367 Please visit the Mason County website (https://masoncountywa.gov/ac/planning- commission/ama/index.php) for a detailed list of agenda items. If special accommodations are needed, or for information on how to attend this public meeting via Zoom, please contact Mariah Frazier at mfrazier@masoncountywa.gov or call (360) 427- 9670 Ext 365. 10/11/2023 Ms. Marissa Watson Senior Planner Mason County 411 N 5th Street Shelton, WA 98332 Sent Via Electronic Mail Re: Mason County--2023-S-6525--60-day Notice of Intent to Adopt Amendment Dear Ms. Watson: Thank you for sending the Washington State Department of Commerce (Commerce) the 60-day Notice of Intent to Adopt Amendment as required under RCW 36.70A.106.  We received your  submittal with the following description. Proposed development regulations amendment (zoning map) to rezone two parcels, 32003- 13-00100 & 32003-31-00010, from rural commercial 2 (RC2) to rural industrial (RI). These parcels currently were approved for a boundary line adjustment. The use of the parcels has been industrial manufacturing since 1985 and fits more appropriately under the rural industrial zoning. We received your submittal on 10/11/2023 and processed it with the Submittal ID 2023-S-6525. Please keep this letter as documentation that you have met this procedural requirement. Your 60 -day notice period ends on 12/10/2023. We have forwarded a copy of this notice to other state agencies for comment. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Carol Holman, (360) 725-2706.   Sincerely, Review Team Growth Management Services STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE Ÿ PO Box 42525 Ÿ Olympia, Washington 98504-2525 Ÿ (360) 725-4000 www.commerce.wa.gov Page: 1 of 1 NEIGHBORS WITHIN 300 FEET for Rezone Request AFA2023-00005 Reggie Tweed PO Box 111 Shelton, Wa 98584 Barbara Brown 50 E Woodland Dr. Shelton, Wa 98584 State of Washington Dept. of Transporta�on State Lands Division PO Box 47440 Olympia, Wa 98504 David and Josephine Bean 3960 W State Route 3 Shelton, Wa 98584 State of Washington Dept of Fish and Wildlife 600 Capitol Way N Olympia, Wa 98501 Capitol Land Trust PO Box 14065 Tumwater, Wa 98511 Bayshore Shell Corpora�on 3841 E State Route 3 Shelton, Wa 98584 Gedora Business Company 121 W Sentry Ct Shelton, Wa 98584