HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/05/2017 - SECOND READING OF ORDINANCE NO. 084, 2017, APPROPRAgenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Darin Atteberry, City Manager
Carrie Daggett, City Attorney
Judge Kathleen M. Lane, Municipal Judge
SUBJECT
Second Reading of Ordinance No. 084, 2017, Appropriating Prior Year Reserves in the General Fund for
Larimer County Jail Services.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 6, 2017, appropriates funding to pay for
services relating to the City’s use of the Larimer County Jail for municipal defendants for 2017.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 6, 2017 (PDF)
2. Ordinance No. 084, 2017 (PDF)
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY June 6, 2017
City Council
STAFF
Darin Atteberry, City Manager
Carrie Daggett, City Attorney
Judge Kathleen M. Lane, Municipal Judge
SUBJECT
Items Relating to an Intergovernmental Agreement with Larimer County for Jail Services.
EXECUTIVE SUMMARY
A. Resolution 2017-053 Authorizing an Intergovernmental Agreement with Larimer County for Jail Services.
B. First Reading of Ordinance No. 084, 2017, Appropriating Prior Year Reserves in the General Fund for
Larimer County Jail Services.
The purpose of this item is to authorize the City Manager to enter into a new intergovernmental agreement
(IGA) with Larimer County relating to the City’s use of the Larimer County Jail for municipal defendants and
appropriate funding to pay for services for 2017. The proposed IGA would be effective through the end of 2018
and reserves 3 beds at the jail for use by Fort Collins Municipal Court defendants at a significantly increased
cost to the City.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
The existing IGA between the County and the City for jail services was entered into in 2009 and is crucial to
the City. Without the use of the jail, the City would not have a way to enforce jail sentences occasionally
imposed for misdemeanor violations. There would also be no way to hold defendants who are arrested on
warrants for failure to appear on misdemeanor cases so that video advisements can take place, and no
accountability for defendants who fail to comply with alternative sentences, such as community service,
Special Agency Session, or jail sentences suspended with conditions. Several months ago, Larimer County
requested that the IGA be revised due to overcrowding issues at the jail and increased costs for operating the
jail. The proposed IGA was then negotiated by City staff and representatives of the Larimer County Sheriff’s
Office (LCSO).
The proposed IGA includes a new service, called “reserved bed space”: the County would agree to reserve 3
beds for defendants being held only on Fort Collins Municipal Court (FCMC) case(s). This could include
defendants who are picked up on outstanding warrants for failure to appear for court as well as those who
report to the jail to serve sentences imposed for violations. This would alleviate the current problem of such
defendants being arrested, booked, and then bonded and released (B/R) due to the jail being over capacity.
Based on available statistics (including pending arrest warrants), City staff has estimated that 3 beds would
have been filled by municipal offenders on a daily basis in 2016 if jail space had been available.
ATTACHMENT 1
Agenda Item 15
Item # 15 Page 2
The reserved beds would be filled as directed by the Court. The Court currently uses its case management
system’s work queue process, detailed Excel spreadsheets, and specific court documents to manage in-
custody prisoner information. This information is used to confirm charges from the Larimer County Sheriff’s
Office prior to payment and for reports submitted by the Judge to City Council. If the proposed IGA is
authorized, the Court will also utilize a specific, restricted-access Outlook calendar to identify who is occupying
each of the reserved beds and for how long.
The proposed IGA also includes a higher daily rate that the County would charge the City for jail services,
applicable to the reserved beds and any other beds occupied by FCMC defendants. Since 2009, the City has
been paying $50/day for those held only on FCMC charges, $25 for those bonded and released, plus $30 for
each video advisement. The County has requested a much higher rate effective as soon as possible due to
their increased operational expenses. In order to reserve the beds, the agreement also provides that the City
will pay for the reserved beds up front and there will be no reimbursement if a bed is vacant at any time. Due to
the fact that the City has already adopted its budget for 2017-2018 based on the lower rate, the County has
agreed to a discounted rate for the balance of 2017 of $90 per day ($45 for B/R). For 2018, that daily rate will
increase to $118 ($59 for B/R). There will no longer be a separate charge for video advisements. Before the
end of 2018, the parties would need to negotiate a new IGA and daily rate for 2019 based upon updated jail
operations expense information from LCSO. The Court will include an estimate for that expense in its 2019-
2020 budget offers.
CITY FINANCIAL IMPACTS
With the addition of reserved beds and an increased daily rate, the proposed IGA includes services and costs
above what was budgeted (under the existing IGA) by Municipal Court for 2017 and 2018. The additional funds
needed to cover the costs included in the proposed IGA are as follows:
$39,560 for 2017
$114,485 for 2018
If this agreement is authorized, the City Manager will fulfill the 2017 obligation of the IGA with existing General
Fund dollars. This will allow the Municipal Court to immediately make use of the reserved jail space. If Council
approves the appropriation for this item, General Fund reserves will be used to backfill the added expense to
the Court’s budget. Added costs for 2018 will be captured during the midyear revision process. Below is a
detailed explanation of the totals listed above:
Court’s 2017 budget for jail expense $28,000
Less: YTD expenditures - 6,000
Less: est. costs for B/R (150 x $45) - 6,750
Bal. available in budget $15,250
Funds needed for 3 reserved beds
(203 days x $90 x3) - 54,810
Shortfall/Additional funds needed ($39,560 for 2017)
Court’s 2018 budget for jail expense $28,000
Less: est. costs for B/R (225 x $59) - 13,275
Bal. available in budget $14,725
Funds needed for 3 reserved beds
(365 days x $118 x3) - 129,210
Shortfall/Additional funds needed ($114,485 for 2018)
Agenda Item 15
Item # 15 Page 3
Scalability:
In order to reduce the expense of the proposed IGA for jail services, the number of reserved beds could be
reduced from 3 to 2 or 1. In that case, the additional funds needed in the Court’s budget would be reduced to
the following:
2017 2018
2 reserved beds $21,290 $71,415
1 reserved bed $3,020 $28,345
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ORDINANCE NO. 084, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES
IN THE GENERAL FUND FOR LARIMER COUNTY JAIL SERVICES
WHEREAS, in 2009 the City of Fort Collins and the City of Loveland entered into an
agreement with Larimer County whereby the County agreed to provide municipal jail services
to both cities at a rate of $50 per offender per day, plus a separate fee for video arraignments
(the “2009 IGA”); and
WHEREAS, the 2009 IGA allows the County Sheriff to release municipal offenders if
the Larimer County Jail (“Jail”) is at capacity; and
WHEREAS, the 2009 IGA can be terminated by any party on 60 days’ notice to the other
parties; and
WHEREAS, since 2009 the Jail has had issues with overcrowding, and municipal
defendants who are picked up on outstanding warrants or who report to the Jail to serve
sentences for Municipal Court violations are frequently just booked and released again; and
WHEREAS, in 2016 the Jail expressed an interest in negotiating new, separate
agreements with both Fort Collins and Loveland for jail services, in part to increase the rate
charged per day for municipal offenders; and
WHEREAS, because of the problems Fort Collins has experienced with municipal
offenders rarely being held by the Jail long enough to be brought to court or to serve their
sentences, the Jail also offered Fort Collins the option of having three bed spaces that would be
reserved for Fort Collins, meaning municipal offenders, whether being held as short-term, pre-
trial detainees, or serving a municipal sentence, would not be released simply due to capacity
issues at the Jail; and
WHEREAS, the Municipal Court would decide which defendants would be held in
reserved spaces, and other municipal offenders would continue to be held at the jail on a space-
available basis; and
WHEREAS, over the last six months City staff and Jail staff have negotiated a new
agreement, the 2017 IGA; and
WHEREAS, under the 2017 IGA the City would pay a daily cost for each City offender
housed at the jail, whether in a reserved bed space or not, based on the Jail’s actual per inmate
cost as of two years prior; and
WHEREAS, for the remainder of 2017 the County has agreed to a discounted rate of $90
per full day, with this rate increasing to $118 per day on January 1, 2018, and no additional
charge for video arraignments; and
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WHEREAS, upon execution of the 2017 IGA the City would pay for the three reserved
beds spaces for the remainder of 2017, which, discounted and prorated for the remainder of the
year and at the discounted rate, would total approximately $58,000; and
WHEREAS, additional funding required for these services in 2017 is $39,560; and
WHEREAS, the City has made payment to Larimer County per the terms of the new IGA
with existing General Fund appropriations and the General Fund appropriation authorized by this
Ordinance will backfill the previously existing General Fund appropriation; and
WHEREAS, in January the City would pay the fee for the three reserved bed spaces for
2018, which will be $129,210; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, City staff has determined that the appropriations as described herein are
available and previously unappropriated in the General Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations
and findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of THIRTY NINE THOUSAND FIVE HUNDRED SIXTY DOLLARS
($39,560) for Jail Services.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk