HomeMy WebLinkAboutSpecial Committee of the Whole January 14 20031
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WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
January 14, 2003
The meeting was called to order at 11:00 a.m. by Council Chair L. Ward
Nelson in the Council Committee Room, 311 Grand Avenue, Bellingham,
Washington.
Present:
Barbara Brenner
Laurie Caskey-Schreiber
Sam Crawford
Seth Fleetwood
Dan McShane
Sharon Roy
(11:00 a.m. — 12:00 p.m.)
1. DISCUSSION WITH WHATCOM
GOLDFOGEL (AB2003-017)
Absent:
None
COUNTY MEDICAL EXAMINER GARY
Dewey Desler, Deputy Administrator, stated the medical examiner position is
in the County Charter. He related Dr. Goldfogel's medical background. The County
currently contracts with Dr. Goldfogel. The administration is developing a new
agreement for the future.
Dr. Gary Goldfogel, County Medical Examiner, submitted a handout of his
presentation (on file). He stated the mission of the office is to undergo medical
investigation of sudden, traumatic, unexpected, violent, suspicious, or unnatural
deaths. His office has other functions, such as collecting evidence, providing legal
testimony, and other functions.
34 He explained the differences between a coroner and a medical examiner.
35 State and local law establish the medical examiner office. The office is
36 administered through a professional services contract. He has held the contract for
37 two 5-year terms. He performs all the services in the contract that are necessary
38 to do the job, including medical examiner tasks, hiring, training, transportation of
39 bodies, clerical work, vacation coverage, employee benefits, and other
40 responsibilities. This is a 24-hour per day job.
41
42 Death investigation is considered an essential government function. Larger
43 counties have medical examiners. Counties with populations over 40,000 have
44 coroners. The coroner is an elected lay individual who interfaces between the
45 community and death investigation process. The coroner will triage the calls and
46 retain a professional forensic pathologist to do the case. Because of the lack of
47 medical and forensic training, counties with coroners have gotten into significant
48 trouble by losing homicide cases due to improperly collected evidence. That would
Committee of the Whole - morning, 1/14/2003, Page 1
1 not occur in a medical examiner system. Prosecuting attorneys in the smaller
2 counties serve coroner duties.
3
4 He listed the qualifications required of a medical examiner. There are fewer
5 than 400 board certified forensic pathologists in the United States, and few are in
6 training.
7
8 Whenever an unexpected, unnatural death occurs that is not under the care
9 of a doctor, he must be contacted. The majority of those calls come from law
10 enforcement. The call has to be triaged into three areas. First, he can decide he
11 doesn't have authority under the law to take jurisdiction. The death would be
12 deemed natural and under the care of a physician. Second, he could take legal
13 jurisdiction because the death was natural, but not expected at that place and time.
14 The decision of whether or not that person would be brought in is subjective. Last,
15 he will assume jurisdiction, treat the body as medical evidence, and take over the
16 scene. Once that decision is made, everything is directly under his authority. He
17 keeps all his log sheets in case something comes up on a case later.
18
19 Brenner asked what it means to take jurisdiction. Goldfogel stated he would
20 step in to say no one can touch the body because it is medical evidence. He may or
21 may not do an autopsy. He may put the body on hold until he has enough medical
22 information to make the decision one way or another.
23
24 By policy this county brings in and autopsies anyone who dies under
25 unnatural circumstances. The manner of death categories are: natural, accident,
26 suicide, homicide, or undetermined. If the death is natural, it is a judgment call.
27 Sometimes he brings the body in and sometimes he doesn't. If the death is other
28 than natural, he will automatically bring the body in and do an autopsy.
29
30 Brenner asked what is meant by a natural death. Goldfogel stated a natural
31 death means that a natural disease process killed the person. If it is questionable
32 whether or not the death is natural, he relies on the first responders to paint the
33 picture for him by asking very pointed questions. If a natural death is
34 questionable, he will take jurisdiction and hold the body until he can gather
35 information from the doctor, family members, and others. He is not obligated to
36 make a decision at the site.
37
38 The required functions of the medical examiner office include assuming
39 jurisdiction if appropriate, establishing the cause and manner of death, preserving
40 evidence, performing medical forensic autopsies, and interpreting injuries and
41 diseases. Public functions include certifying any unnatural death. He's the only
42 health care provider in Whatcom County who can sign a death certificate for anyone
43 who dies from other than a natural, biological, disease condition. He represents the
44 public health interests of the community. Required privileged, or confidential,
45 activities include preserving, protecting, and documenting evidence; ordering and
46 interpreting tests; creating a formal autopsy report, and; maintaining records.
47
Committee of the Whole - morning, 1/14/2003, Page 2
1 A forensic autopsy means taking jurisdiction over the remains where the
2 death occurs. He frequently goes to the death scene and starts his autopsy there.
3 He doesn't just use the information from the body to conclude the manner of death,
4 but uses the information gathered at the scene. Once he takes jurisdiction of the
5 body, it is treated as medical evidence. The family no longer has access. The body
6 is wrapped in a sheet and put into a waterproof, body fluid proof bag, is transported
7 to the high security facility, and the autopsy continues at the morgue. He
8 maintains clothing, trace evidence, and transfer evidence. He spent several days at
9 the Michael Busby death scene obtaining information that turned out to be critical in
10 solving the crime.
11
12 At the morgue, he identifies, collects, and preserves the evidence. He
13 documents injuries and diseases by using several methods such as medical tests,
14 observation, and photographs. His office is one of the few medical examiner
15 systems in the country that still allows teaching at the autopsy table. His role as a
16 teacher is very important. The morgue facility is small, but is a model for counties
17 of this size. There is no public access to the morgue during procedures.
18 Eyewitness identifications are notoriously wrong. He establishes identification of a
19 body through methods such as matching fingerprints, looking for unique tattoos
20 and scars, and examining dental records.
21
22 The morgue has airflow with a complete air change every 40 seconds. Some
23 of the bodies brought into the office are discovered after substantial decay has
24 occurred. His facility is adequate to examine decomposed bodies or bodies that
25 might be infectious. When doing an examination, they are fully gowned and
26 covered. If necessary, they use respirators. He has to assume that everyone
27 examined is infectious. The facility meets all current regulatory standards.
28
29 The morgue has portable x-ray machinery, overhead and over -table special
30 lighting so he can photograph evidence. There is enough storage for four bodies,
31 with an expanding capability and procedures to store a massive amount of
32 casualties. The facility is set up to conduct two simultaneous procedures. There is
33 a setup to examine skeletal remains. The facility is also an excellent teaching
34 facility.
35
36 The autopsy caseload is increasingly out of proportion to the growth of the
37 county. He's had a 35 percent increase in caseload over the past five years. The
38 office has been involved in many high profile cases, such as the Bianchi homicides,
39 the recovery of remains in a World War II plan crash on Mount Baker, victims of the
40 pipeline explosion, and various other homicides.
41
42 The medical examiner office is also involved in sexual assault cases. There
43 has been a 135 percent increase in sexual assault workups on the last five years.
44 He works as part of a team with the nurses and physicians in the community.
45 They've developed a standard of protocol for investigation and collection of
46 evidence. He oversees transfer and maintains the evidence record. The hospital
47 and all private laboratories refuse to do forensic laboratory testing. When that
48 testing goes to court, they have to testify in court. He makes sure the right tests
Committee of the Whole - morning, 1/14/2003, Page 3
1 are done to put together a comprehensive laboratory and medical examination of
2 the assault. He creates a summary report that goes to the hospital, law
3 enforcement agency, and Prosecuting Attorney's Office.
4
5 Additionally, he serves many public, community functions, such as facilitating
6 organ donations, consultations with the legal system, teaching others in the
7 industry, and other functions. He regularly meets with families to explain the
8 findings.
9
10 (Clerk's Note: End of tape one, side A.)
11
12 Goldfogel continued to state that he interfaces with media reporters because
13 he needs their cooperation and they need his information. He's worked hard to
14 develop positive relationships with the local media. All the public functions of his
15 office are on the County website. He is also a regular speaker at service clubs and
16 participates in several teams and committees, including the Whatcom County
17 Emergency Management Division.
18
19 In summary, the caseload is increasing. His office is adequate to meet
20 current demand. The medical examiner office works as an integral member of the
21 judiciary, law enforcement, public health, emergency management, and medical
22 community.
23
24 Crawford asked the number of staff and amount of the payroll. Goldfogel
25 stated the current budget for the medical services contract is based upon the
26 population of the county. It is about $1.50 per person. Right now, it is about
27 $250,000 per year. His office staff includes two part-time investigators,
28 clerical/bookkeeping support, and someone who does transportation. There are
29 currently five employees in his office. When he is unavailable, he has to obtain
30 professional services from outside the county. Because medical examiners are few
31 and far between, that service is very expensive. He can provide more detailed
32 information in writing. That is what Mr. Desler is working on right now.
33
34 Caskey-Schreiber asked if his budget includes hiring someone of Dr.
35 Goldfogel's level of expertise when he is gone. Goldfogel stated he is one of the
36 few physicians that is totally at risk. If there is money left over at the end of the
37 year, it is his to take home. If it costs more to administer the office, bring in
38 additional help, or do whatever needs to be done, it is his problem. It is an at -risk
39 contract. He has never come back to the county asking for money.
40
41 Fleetwood asked why and under what circumstances Dr. Goldfogel is able to
42 arrest the sheriff. Goldfogel stated it would be his role for criminal issues. He has
43 some judiciary powers, such as being able to marry people.
44
45 Nelson asked if he does much laboratory testing in Dr. Goldfogel's facility,
46 and whether there are parameters for forensic testing of fluids. Goldfogel stated he
47 does some testing. Testing has to be done to certification. He is certified as an
48 equivalent to the State toxicology laboratory for blood alcohol. He has to do quality
Committee of the Whole - morning, 1/14/2003, Page 4
1 and proficiency testing on a regular basis. In all cases, he does routine a toxicology
2 blood screen on everyone. At times, he has done Hepatitis B, C, and HIV testing on
3 everyone. The decision beyond that is up to him.
4
5 Brenner stated the presentation was very interesting and informative. She
6 asked how they will keep all their records forever, and if he runs out of space.
7 Goldfogel stated space is an issue. He hasn't run out of space yet. Photography
8 used to be a big problem, but now he puts all his pictures on compact discs that
9 stay with the case file. He has to be able to keep all the records, be able to find
10 them, and keep them secure.
11
12 Roy agreed that the presentation was very interesting. She asked if the
13 Medical Society's nomination for medical examiner is an open process, and if
14 anyone can be considered a candidate. Goldfogel stated the person would have to
15 be qualified. There hasn't been notification of the position during his time because
16 there aren't a lot of people who qualify. Not a lot of young people are going into
17 this specialty. However, it would become known if another forensic pathologist is
18 qualified.
19
20 (Clerk's Note: The Committee took a five-minute break at noon. Members
21 of the Bellingham City Council joined the County Council on the dais.)
22
23
24 (12:00 — 1:00 P.M.)
25 2. DISCUSSION WITH MEMBERS OF THE BELLINGHAM CITY COUNCIL
26 REGARDING EMERGENCY MANAGEMENT SERVICES (AB2003-027)
27
28 (Clerk's Note: Bellingham City Council Members Bob Ryan, Grant Deger, and
29 Terry Bornemann joined the County Council.)
30
31 Dewey Desler, Deputy Administrator, stated the administration discussed the
32 idea of joining with other agencies to look at the future of emergency management
33 services (EMS). A consultant made recommendations. One recommendation is for
34 a levy to go to the public for EMS. The administration has a proposed ordinance for
35 consideration of a levy. The law requires that the City Council and County Council
36 concur on that ordinance. The County and City administrations are developing an
37 interlocal agreement to replace the current joint powers agreement. For every
38 penny levied, that penny would generate $130,000 per year.
39
40 The fire department and fire chiefs have been working on this issue also.
41 They are partners in this endeavor. The County and City pay $1.35 million per
42 yea r.
43
44 Dave Hanson, Fire District 2 Commissioner, Whatcom County Fire
45 Commissioner's Association President, stated the County and City have decided
46 they can no longer operate the Medic One services out of the County and City
47 general funds. The County fire districts recommend a levy amount of $.50 per
18 every $1,000 of assessed value. He reconfirms that recommendation. That
Committee of the Whole - morning, 1/14/2003, Page 5
1 amount is needed to reflect the truer costs of business. The councils have tough
2 decisions to make, given the economy. He supports the councils attempt to
3 establish a levy. He asked the councils to be sensitive to the position of the county
4 fire districts. He suggested a rate to maintain the current system, with additional
5 rates for adding a fifth medic unit in the future. He supports the existing EMS
6 levies that are with the existing fire districts right now. Many of those districts are
7 dependent upon those funds because they purchased equipment. They have to
8 have those funds to survive. The suggested rate includes money for Point Roberts,
9 which needs funds. The County Fire Commissioner Association (CFCA) does not
10 support out-of-pocket insurance.
11
12 They could not yet sell to the public the additional cost of $.10 or $.12 for
13 the county fire districts. Those funds would definitely go to EMS. They would offset
14 the cost of the fire service revenue that they are using now to pay for basic life
15 support (BLS) activities. Alternatively the recommendation would be a levy in the
16 $.395 to $.42 range. In the last month, they restructured how they do their
17 business through the CFCA. They are beginning to start an EMS cooperative to be
18 more reactive and responsive to the community. He appreciates the time the
19 councilmembers spent with him and the association on this issue. The CFCA stands
20 behind the councils, but the councils have to decide on a rate and sell it to the
21 community soon.
22
23 Nelson stated he would like the councils to come to consensus on a levy rate.
24
75 Brenner stated she does not want to see this done in a special election. Do it
26 at the general election. Do not spend money on a special election. It's everyone's
27 job to make sure the community understands this. More people vote in general
28 elections than in special elections. She will not support it if it is not offered at that
29 time.
30
31 Grant Deger, Bellingham City Council Member, stated the City intention is to
32 be precise, accurate, clear, and supportive of this measure. The City will not go
33 back to supporting the service in its general fund. Pay particular attention to and
34 be sensitive to the fire districts. A levy rate around $.40 would allow for the fifth
35 unit, Point Roberts, and would give wiggle room for fire districts if they need further
36 money. It would also give return to fire districts that provide BLS service.
37
38 Crawford stated they need to talk about the cost of the system, which is
39 what the levy amount should raise. He drafted an ordinance with a status quo
40 approach. (on file). He read a suggested ballot description that allows for a levy
41 rate not to exceed $2.7 million. The $2.74 million levy rate would reflect a growth
42 rate of the current system of four percent per year. Recent increases have been six
43 to 12 percent each year. That's assuming no changes in the fee revenue stream.
44 It does not allow funding for fire districts because this allows $.255 per assessed
45 $1,000. The fire districts can use the other $.25. It does not allow funding for
46 Point Roberts or co -pays. He read a suggested resolution into the record (on file).
47 The resolution asks the County Executive to present two budgets in November, one
18 that includes funding for EMS from the general fund, and another that does not.
Committee of the Whole - morning, 1/14/2003, Page 6
2 Look at where they've been with EMS, where they are at, and where they are
3 going. This system is recognized as the best system a rural area could have. The
4 real cost today is $.255. The $2.74 million is the total for the City of Bellingham
5 and Whatcom County combined.
6
7 Property valuations in the City of Bellingham compared to Whatcom County
8 is one-third. The other two-thirds of the total county valuation are from properties
9 not in the City of Bellingham. A taxpayer in the City of Bellingham pays tax to both
10 entities. The people who are not in the City of Bellingham will end up funding about
it two-thirds of the $2.74 million, which is bigger than their share today. This is a
12 good deal for the people in the City of Bellingham. Residents in the City of
13 Bellingham use about 50 percent of the services. He wants to level the playing
14 field.
15
16 Brenner stated she agreed with Councilmember Crawford. If they don't fund
17 EMS from the general fund, the money should go into the reserve fund.
18
19 Nelson stated the two rates suggested so far have been in the rage of $.40
20 and $.25.
21
22 Crawford stated they should be talking about the levy amount, not the rate.
23 The rate will change over six years, anyway.
24
25 Nelson asked the role of the rural fire districts so there is greater efficiency in
26 the EMS process. Right now, the City has a good system for providing services to
27 the rural area. He asked if the rural protection would be enhanced.
28
29 Gary Russell, Fire District 7 Chief, stated that if the levy fails, his district
30 would still respond. Some districts will struggle and tax themselves. EMS
31 personnel provided the councils a menu of options to choose from. The fire districts
32 fund the BLS component at a cost of $2.5 million a year. That comes out of general
33 fire taxes that they levy. Those funds that he needs to provide fire protection in his
34 district is not all for EMS. If the BLS component fails, the advanced life support
35 (ALS) component will fail. The survival rate is much higher in the county because
36 of that. The service is consolidated right now because they are integrated with
37 ALS, BLS, and hospital, even though they have separate budgets and districts. The
38 funding will provide fuel, insurance, and updated equipment, which they are taking
39 out of the fire budget now. They are working on how to get the closest station to
40 respond, regardless of jurisdictional boundaries. They can't do it because of the
41 dispatch computer system, but they are working to fix it. Jurisdictional boundaries
42 for the fire districts go away. They support each other all the time. They are even
43 looking at dispatch fees.
44
45 (Clerk's Note; End of tape one, side B.)
46
47 Brenner stated the countywide levy would take away money from five
48 districts that have local EMS levies if the countywide levy doesn't provide for those
Committee of the Whole - morning, 1/14/2003, Page 7
existing local levies. She asked if those fire districts could approve another levy to
make up for what the fire districts lost by having the countywide levy enacted.
Russell stated that if the fire district is taking a local levy amount of $.50, and the
countywide levy is $.40, then the fire district would only be able to have a levy of
$.10. The maximum total levy amount is $.50.
Brenner stated the county has an obligation to reimburse monies that have
been spent and allocated based on levies. Also, they should include Point Roberts
because this is supposed to be a countywide levy. Russell stated Point Roberts
residents will pay into the levy, but there are not ALS transport services. If there is
a transport, it is to the border, and then the patient is transferred to a Bellingham
unit. The benefit of paying Point Roberts is to maintain that service.
Terry Bornemann, Bellingham City Council Member, stated most people
agree that the fifth medic unit will be needed over the course of the six years.
Given that cost and the EMS system and dispatch, the cost is around $.35 per year
over six years. That does not enhance the other districts.
The City is not currently paying for this service. It is currently borrowing
from reserves to pay for this service. They don't have reserves for six years to do
this. The EMS levy is necessary to the City to pay for the EMS.
Nelson asked the rate that includes the fifth medic unit.
Mike Lee, Bellingham Fire Department Chief, stated $.37 covers EMS,
dispatch, a fifth Medic One unit, Point Roberts, keeping the districts whole, and
anticipated expenses.
Dave Hammers, Bellingham Fire Department Medical Service Officer, stated
the Medic One cost would require $.29734 for five years. The cost of EMS dispatch
is $.05231. The two combined are approximately $.35. A rate of $.37 includes
Point Roberts and a fifth Medic One unit, and also provides some reserve funds in
the amount of $1 million within the Medic One budget.
Ryan stated that when a levy election takes place, the County Council
authorizes a maximum amount that can be levied. If valuations change, the
amount collected would change.
Nelson stated the dollar amount collected would remain the same.
Crawford stated they should be talking about how much the levy will be set
at, not a rate per thousand dollars. He proposes a levy amount of $2.7 million.
McShane asked if they could ask for impact fees from developers if there is a
countywide EMS district.
Dan Gibson, Senior Civil Deputy Prosecutor, stated the County Council can
set impact fees to address issues pertaining to additional services. Now, if
Committee of the Whole - morning, 1/14/2003, Page 8
1 someone wants to develop in the county, he or she is required to obtain a letter
2 from various service providers to address impact issues.
3
4 McShane stated there has never been a response about additional services
5 from fire districts that he's seen in the past. He asked if the County Council would
6 solely be responsible for making that decision if there is a countywide EMS levy.
7 Gibson stated switching to a countywide levy does not change the way permission
8 is given unless they rewrite the rules for permission. Changing the funding scheme
9 won't do it. The Council can change the rules through a Comprehensive Plan
10 amendment and regulation changes.
11
12 Russell stated there is no statutory authority for fire districts to require
13 impact fees. They can require fire provisions that meet the fire code. There is no
14 funding that comes in for fire districts. It can negotiate with the developer, but
15 there is no statutory authority.
16
17 Fleetwood asked why this should be done at a special election as opposed to
18 a general election. Lee stated one primary reason is because it is a single issue
19 that the voters can focus on. They don't know what's coming up in the fall. They
20 looked at the City's budget situation. The City, without the levy, is expecting a $3
21 million shortfall. Budget preparations for next year begin soon. If they don't know
22 what the voters will say, the message to employees will be negative to ten percent.
23 They are hoping to find out the voters position on the issue. There may be other
24 reasons for an April election.
15
26 Nelson asked if the Bellingham City Council made a decision the previous
27 evening.
28
29 Ryan stated it did not. Three City Council members were selected to work on
30 this issue. The City administration has made suggestions on what it thinks is
31 appropriate.
32
33 Bob Bush, Lummi Island Fire Commissioner, stated the $.37 levy rate does
34 not provide anything for the BLS people who do not already have a levy in place. If
35 there is an equipment failure or disaster, it could not be replaced without using fire
36 funds if there is not insurance. Fortunately, Lummi Island has a $.19 levy that
37 supports its BLS system. The BLS system is one of the most important decisions
38 the councils will have to face.
39
40 Brenner stated those fire districts could still use whatever is left over. At a
41 levy rate of $.37, then $.13 would be left over.
42
43 Nelson asked each County and City Councilmember their levy rate
44 preference. He supported a levy rate of $.384.
45
46 Brenner stated she supports a levy rate of $.37. That is what was
47 recommended. She also wants to talk about when it goes on the ballot.
18
Committee of the Whole - morning, 1/14/2003, Page 9
McShane stated he supports a levy rate of $.384. Also, schedule the vote on
the April ballot.
Deger stated he supports a rate that is approximately $.40. His fellow
Council Member Bornemann, who had to leave supports a range of $.37 to $.40.
Ryan stated he supports a range of $.37 and $.40. Their job today is to
report back to the City Council. It is up to the full City Council to make the final
decision for the City.
Roy stated she supports a range of $.37 and $.39. She doesn't agree with
going to $.40. There is a psychological barrier at $.40.
Fleetwood stated he supports $.39. It is a compromise that is in the
acceptable range of the commissioners.
Caskey-Schreiber stated she supported a range of $.37 and $.385.
Crawford stated that since they are using a rate per thousand dollars, he
supports a rate of $.255. By doing this, if they approve a rate of $.39, they just
increased the public participation of funding for the EMS from $2.7 million to $5
million per year.
Nelson stated it depends on other fire districts that are also levying.
Crawford stated what the other fire districts are levying is a small amount of
money.
Crawford stated he preferred the election to be in November.
Caskey-Schreiber stated she preferred the election to be in April.
Fleetwood stated he preferred the election to be in April.
Roy stated she preferred the election to be in April.
Ryan stated he preferred the election to be in April
Nelson stated he preferred the election to be in November
Brenner stated she preferred the election to be in November.
McShane stated he preferred the election to be in April.
Deger stated he preferred the election to be in April.
Nelson stated it looks like the recommended rate will be between $.37 and
$.39. He liked some of the process suggestions Councilmember Crawford made.
Committee of the Whole - morning, 1/14/2003, Page 10
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He would suggest a rate for a vote at the evening County Council meeting. He
would also suggest when the vote would be put on the ballot.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 1:10 p.m.
L
Jill Nixon, Minutes Transcription
These minutes were approved by Council on February 11 , 2003.
ATTEST:
Dana Brown -Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson�,-Counbll Chair
Committee of the Whole - morning, 1/14/2003, Page 11