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HomeMy WebLinkAboutResolution 2009-110 N.C.S. 07/20/2009Resolution No. 2009-110 N.C.S. of the City of Petaluma, California DISCUSSION AND POSSIBLE ACTION ON A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO APPLY FOR AND ACCEPT STIMULUS FUNDS ADMINISTERED BY THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE WHEREAS, the City of Petaluma Police Department desires to apply for and accept $103,332 in stimulus funds allocated to the City through the American Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program. NOW, THEREFORE, BE IT RESOLVED THAT: The City Manager of the City of Petaluma is authorized on the City's behalf to apply for and accept stimulus funds from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. 2. The City of Petaluma agrees to the funding requirements and terms and conditions of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Grant funds received shall be used to stimulate the local and national economy through the purchase of the vehicles and equipment identified in the grant report (Attachment A). Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Ap v d s to Council of the City of Petaluma at a Regular meeting on the 20`t' day of July, 2009, r by the following vote: City AYES: Vice Mayor Barrett, Glass, Harris, Healy, Renee, Mayor Torliatl NOES: None ABSENT: Rabbitt ABSTAIN: None ATTEST: \_�lMi w vv City Clerk Resolution No. 2009-1 I0 N.C.S. Page I EXHIBIT A APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE May 18, 2009 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY State Application Identifier STATE Application Nori-Construction 4. DATE RECEIVED BY Federal Identifier FEDERAL AGENCY 5.APPLICANT INFORMATION Legal Name Organizational Unit City of Petaluma Petaluma Police Department Address Name and telephone number of the person to be contacted on matters 969 Petaluma Blvd North involving this application Petaluma, California 94952-6320 Evans, Ralph . (707) 778-4368 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 7. TYPE OF APPLICANT 94-6000392 Municipal 8. TYPE OF APPLICATION 9, NAME OF FEDERAL AGENCY New Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT NUMBER: 16.804 CFDA 16.804 - Recovery Act - Justice Assistance Grants The project would fund the TITLE: - Localities purchase of a Commercial Vehicle Enforcment Truck(CVET) and a Police Canine Unit. 12. AREAS AFFECTED BY PROJECT The City of Petaluma in Sonoma County, California 13. PROPOSED PROJECT 14. CONGRESSIONAL Start Date: July 31, 2009 DISTRICTS OF End Date: July 31, 2011 a. Applicant b. Project CA06 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE Federal $103,332 EXECUTIVE ORDER 12372 PROCESS? Applicant $0 State $0 Resolution No. 2009-110 N.C.S. Page 2 Local $0 Program has not been selected by Other $0 state for review Program Income $0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? TOTAL $103,332 18. 'I'0 THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. Close Window Resolution No. 2009-110 N.C.S. Page 3 BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation Petaluma Police Department Pro ram Narrative: Petaluma, CA is the second largest city in Sonoma County with a population nearing 60,000 people. The City's Police Department consists of 100 sworn and civilian employees. The City of Petaluma, like many Cities in California, is facing a severe budget crisis as a result of our current economic times. The Police Department has reduced their sworn staffing size from 77 allocated positions in the 2007/2008 fiscal budget year to the current size of 70 with three un-funded, frozen positions. The City of Petaluma is anticipating a budget shortfall for the 09/10 fiscal year of at least 1.2 million dollars; however, it is anticipated to be higher. The Police Department accounts for approximately 43% of the citywide budget (figure from fiscal year 08/09). This budget shortfall has forced the City to again pursue early retirement incentives, request the City employee unions take concessions, and the stopping of all equipment purchases. If the City is unable to make up the budget shortfall, the City will be forced to reduce the various departments' operating budgets through layoffs. The Police Department is requesting funding from the American Recovery and Reinvestment Act of 2009 to purchase needed police vehicles and equipment to help preserve the current staffing levels of the Police Department. Currently, the City has suspended all vehicle purchases for all departments. The funds normally put into the City's vehicle replacement program have been diverted to the general fund budget to make up the shortfall in revenue. The stimulus funds will allow the Police Department to enhance and upgrade two specialty units within the Police Department that can generate potential revenue to preserve police staffing. One vehicle purchase will allow the Police Department's Traffic Enforcement Unit to Implement a Commercial Vehicle Enforcement program. The second vehicle purchase will allow the Police Department to add an additional K-9 Unit to the Patrol Unit. Both of these enhancements have the potential to increase revenue to the City through fines and seizures. The Police Department understands the importance of purchasing these vehicles and equipment from local vendors to help stimulate the local and national economy. We also understand the importance of purchasing only American made police vehicles and equipment. The first police vehicle requested to be purchased is for the Police Department's Traffic Enforcement Unit. The vehicle requested is an American made 4x4, crew cab police truck. The vehicle will be Attachment 1— Narrative Resolution No. 2009-110 N.C.S. Page 4 BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation Petaluma Police Department outfitted with all the necessary emergency equipment, paint and markings to identify it as a Police Vehicle. The vehicle will primarily be utilized in the patrol function of Commercial Vehicle Enforcement. The type of enforcement conducted by the traffic officer will include: roadside inspections, weight enforcement, as well as "post -crash" inspections of commercial vehicles to determine pre -crash conditions that may have been a contributing factor to the collision. The traffic officer will also routinely conduct radar and traffic enforcement on roadways with heavy commercial traffic. The Police Department is requesting the purchase of a patrol truck based on the type of equipment needed; i.e., scales, cones, tarps, tools, etc. and where Commercial Vehicle Enforcement Officer (CVEO) will work, in researching how this vehicle purchase will help preserve, enhance, and upgrade the Traffic Unit's abilities, we contacted several agencies who had an active CVEO and patrol vehicle. Some of the research highlights were: • Elk Grove PD, California— CVEO wrote 1027 citations in one year. Total fines of $395,341, with $150,229 being distributed to the city. • Elk Grove PD, California did not have portable scales for the first nine months of program, yet generated $316,273 in fines. It is anticipated that fine revenue would have been much higher for the year with portable scales. • Santa Rosa PD, California - $40,000 fine for one commercial violation. The traffic sergeant stated their commercial vehicle program is self-sustaining as a result of fines. • Reduction in commercial vehicle collisions. • Reduction in revenue loss to cities from having to pay for hit and run damage to City property • Reduction in repair costs to City streets as a result of overloaded commercial vehicles violating designated driving routes. The second police vehicle requested to be purchased is for a Police K-9 vehicle. The vehicle requested is an American made 2WD, 4-door, Chevrolet Tahoe. The vehicle will be outfitted with all the necessary emergency equipment, paint and markings to identify it as a Police K-9 vehicle. The Chevrolet Tahoe is currently utilized by many agencies throughout the Country as the main patrol vehicle assigned to a K-9 officer. This vehicle will be assigned to one officer and a K-9. The Officer will work in a uniformed patrol function enforcing all local, state, and federal laws. Attachment 1— Narrative Resolution No. 2009-1 10 N.C.S. Page 5 BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation Petaluma Police Department With the purchase of a new K-9 vehicle, the Police Department will be able to promote a patrol officer to a K-9 officer. The Police Department's K-9 Unit has raised privately donated funds to purchase a K-9 for the Police Department. Due to the fiscal crisis, the Police Department is unable to purchase the necessary vehicle and equipment to add another K-9 Unit to the Department's program. The Police Department has a limited number of patrol vehicles and cannot take one out of regular service and outfit it specifically as a K-9 Unit. The current Police Department K-9 Units work in a patrol capacity on a daily basis. The K-9 units are cross trained for protection and narcotic detection. As a result of the cross training, the Police Department's K-9 are routinely used by the local Drug Enforcement Agency, the FBI, Department of Justice, and other local agencies for narcotic searches. The Police Department then receives a portion of fines or assets seized by these agencies. This revenue assists in supporting the current K-9 program. Petaluma is also home to 4 major northern California ground shipment company hubs, UPS, FedEx, DHL, and the U.S. Postal Service each have a distribution hub located in Petaluma City limits. Marijuana, rnethamphetamine, and other illicit drugs, as well as drug -related monies are being transported through Petaluma via U.S. Highway 101 and through legitimate shipping companies. The National Drug intelligence Center (NDIC) stated in a 2006 report that "The highway infrastructure in the Pacific region facilitates the transportation of Illicit drugs into, through, and from the area. Drug traffickers Increasingly transport illicit drugs into the region via packaging delivery services". Below are examples of sporadic local narcotic enforcement incidents and seizures: • In 2007, Sonoma County Deputies discovered approximately 20 lbs. of processed marijuana and $73,000 in cash on a routine traffic stop on Highway 101. • In May 2007, Petaluma Police and DEA agents discovered a distribution ring which utilized local parcel shipment companies including U.S. Postal Service and DHL. The seizures included over two and half of cocaine, one pound of crystal methamphetamine and $50,000.00 in cash. • In March 2007, Petaluma Police Department officers confiscated two pounds of marijuana from a man who lived in Mendocino County and admitted to be in the process of delivering the marijuana to the Bay Area. • In May 2007, Petaluma Police Officers arrested a man who said he was traveling southbound Highway 101 to San Francisco with five and half pounds of processed marijuana. Attachment 1— Narrative Resolution No. 2009-110 N.C.S. Page 6 BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation Petaluma Police Department In May 2008, Petaluma Police Officers arrested two men from San Jose, CA with five pounds of processed marijuana who admitted to having traveled to Mendocino County to purchase the marijuana. • In May 2008, Narcotic Task Force officers seized approximately $230,000.00 from a man traveling to the Emerald Triangle to purchase narcotics. • In May 2008, Petaluma Police and DEA Agents seized approximately $11,550.00 from two men traveling from southern California to Mendocino County after admitting they had sold marijuana in Southern California. Proiect Objectives, Design and Implementation: Objective 1: Upon receipt of the grant award, order vehicles and equipment from local vendors to help stimulate the local and national economy. Objective 2: Identify and reassign patrol officers to work as a CVEO in the Traffic Unit and a new K-9 handier to reduce the potential of layoffs in the Police Department, Objective 3: Assign both CVEO and K-9 handler to specialty units to begin proactive enforcement activities in the investigation of commercial vehicle violations and narcotic interdiction to increase revenue to City general fund. The utilization and equipment purchased for the CVEO position will allow for the implementation of a CVEO program for the Police Department. The program goal for this position is to reduce commercial vehicle collisions and increase traffic safety in the City of Petaluma. This will be accomplished through proactive enforcement activities such as: roadside vehicle inspections, post crash inspections of commercial vehicles, and working with the California Truckers Association to promote educational programs focusing on driver safety. The CVEO will work under the direct supervision of a Traffic Sergeant. The utilization and equipment purchased for the K-9 handler also allows the implementation of an interdiction program in the City of Petaluma. The program goal is to reduce the amount of narcotics being distributed nationally and transported in and through the City of Petaluma. This will be accomplished by increasing the number of seizures from U. S. Highway 101 and from the national Attachment 1— Narrative Resolution No. 2009-110 N.C.S. Page 7 BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation Petaluma Police Department shipping companies in the region through proactive enforcement of state, federal, and local laws. The K-9 program will work under direct supervision of a K-9 Sergeant, Capabilities/Competencies: The Petaluma Police Department has successfully developed, implemented, and administered numerous specialized programs and grants from the National Highway and Transportation Safety Administration, the United States Department of Justice and many State of California grant projects. The Police Department is committed to accurately and efficiently capturing all relevant data and sharing that data with appropriate agencies. The Petaluma Police Department and Petaluma City Finance Department currently have staff assigned to the writing and monitoring of grants. This will allow for the tracking and monitoring of all grant expenditures separately from other Federal funding. The Finance Department routinely assigns grant funds separately to a special revenue fund. Each project within that fund is individually tracked with its own project number to prevent comingling. It is the intent to spend all grant funds immediately and no later than the fall of 2010. These funds will have a positive effect on the local economy which is still suffering in these troubled economic times. Administrative Sergeant Ralph Evans is a veteran police officer with 24 years of experience. He has been an administrative sergeant for three years. His duties include the writing and monitoring of grants. He is responsible for the purchasing and outfitting of all new equipment and vehicles purchased for the police department. He will be the project administrator. Traffic Sergeant Ken Savano is a veteran police officer with 14 years experience. He has been a motorcycle officer for over seven years. He has written and overseen numerous state and federal grants. He will oversee the CVEO program. Sergeant Mark Hunter is a veteran K-9 handler and has spent 12 of his 25 years of law enforcement experience as a police sergeant. He has been the Police Department's K-9 Sergeant for eight years. Sergeant Hunter will oversee the K-9 handler and interdiction program. Senior Accountant Kate Lloyd will track the awarded funds. Attachment 1— Narrative Resolution No. 2009-110 N.C.S. Page 8 BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation Petaluma Police Department Proiect Timeline: Project Start Date: July 31, 2009 1. Ordering of CVEO vehicle and K-9 handler vehicle from local vendors. 2. Ordering of equipment to outfit new vehicles. 3. Selection of patrol officers to fill CVEO and K-9 positions. 4. Purchase of new K-9 from K-9 donation account. 5. Identify required schools for CVEO and K-9 handler. A CVEO will attend approximately two weeks of schools to learn laws related to commercial vehicle enforcement by September 30, 2009. A new K-9 handler will successfully complete a five week, 200 hour narcotic detection course and a five week, 200 hour officer protection course by February 1, 2010. 6. Outfit new vehicles by October 1, 2009, 7. Begin proactive commercial vehicle enforcement by October 1, 2009. 8. Begin proactive interdiction program with K-9 by February 1, 2010. 9. Review both programs effectiveness of increasing revenue to general fund by June 30, 2010. Local Government/Public Notice: This grant application is being submitted for review by the Petaluma City Council at the July --, 2009 council meeting. A notice will be posted on the City Web Site in regards to this meeting date and the agenda items on the council agenda. The public will have an opportunity at this council meeting, per established procedures, to make comments in regards to this grant application to the City Council at this meeting. Attachment 1— Narrative Resolution No. 2009-110 N.C.S. Page 9 BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation Attachment 1— Narrative Petaluma Police Department Resolution No. 2009-110 N.C.S. Page 10 BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program local Solicitation Petaluma Police Department Budget Detail Worksheet: Vehicle #1: Cost 1. 2010 Chevrolet Tahoe Police 2WD 4dr, painted black — 4 door white $35,000 (price includes: tax, warranty, registration) 2. Havis Shield K-9 transport cage $ 3000 3. Pull out storage box $ 800 4. Ace K-9 auto door pop kit $ 650 5. Ace K-9 fan kit $ 300 6. Emergency equipment (radio, siren, light bar, strobe kit, gun rack, console) $ 5000 7. Installation of equipment $ 4500 8. Installation of decals $ 350 Total for Vehicle #1 $48,600.00 Vehicle #2: 1. 2010 Chevrolet 44 -4 Door long bed police truck, painted black, 4-door white. $35,000 (price includes: tax, warranty, registration) 2. Emergency equipment (radio, siren, light bar, strobe kit, gun rack, console) $ 5500 3. Camper shell and custom pull outs for storage $ 5000 4. Installation of equipment $ 4500 5. Installation of decals $ 350 6. Misc. mechanical tools to conduct inspections $ 3382 Attachment 2 — Budget Detail/Narrative Total for Vehicle #2 $54,732.00 Total Program Costs: $103,332.00 Resolution No. 2009-110 N.C.S. Page I I BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation Petaluma Police Department Budget Narrative: The Petaluma Police Department requests grant funding to purchase two police vehicles from local vendors to stimulate the local and national economy. The Police Department also intends to purchase all emergency related equipment necessary to outfit these vehicles from local vendors. Installation of this equipment will be handled by a local radio installer. This equipment will include the items listed in the budget detail worksheet on page 1. All the equipment listed for purchase is required to outfit a police and K-9 vehicle. Without funding from this grant, the Police Department could not afford to purchase these vehicles and equipment. A fully marked police K-9 and Commercial Enforcement Vehicle are necessary to implement two new programs in the Police Department. By purchasing these vehicles and equipment, the Police Department meets all the goals of the grant in stimulating the local and national economy, potentially preserving law enforcement positions within the police department and continuing the protection of the citizens of the United States. Attachment 2 — Budget Detail/Narrative Resolution No. 2009-110 N.C.S. Page 12 BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation Petaluma Police Department Review Narrative: The City of Petaluma's Recovery Act Justice Assistance Grant application will be provided to the Petaluma City Council at their June 15, 2009 meeting date for review and approval. The public will be notified of this application through the standard announcement procedures of council meeting dates and agenda items. The public will have the opportunity to come to the June 15, 2009 meeting to make comment to the Petaluma City Council about this grant. Attachment 3 — Review Narrative Resolution No. 2009-110 N.C.S. Page 13 BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation Petaluma Police Department Program Abstract Applicant Name: City of Petaluma, California Project Title: Implementation of Commercial Vehicle Enforcement and K-9 narcotic interdiction programs at the Petaluma Police Department. Project Goal: Goal tit: Implement Commercial Vehicle Enforcement program and K-9 narcotic interdiction programs to generate revenue to preserve police staffing levels at the Police Department. Goal #2: Stimulate local and national economy through the purchase of American made police vehicles and emergency equipment to outfit police vehicles from local vendors. Summary: The City of Petaluma is requesting funds from the American Recovery and Reinvestment Act of 2009 to help preserve police staffing at the Petaluma Police Department, The Police Department intends to do this by purchasing two American made police vehicles and necessary equipment to outfit the vehicles. One police vehicle will be used to diversify the Police Department's Traffic Unit and allow the Traffic Unit for the first time to perform Commercial Vehicle Enforcement within the City of Petaluma. This enforcement activity may allow the Police Department to retain a traffic officer position, currently in jeopardy, as a result of the increased general fund revenue through fines. Additionally, the City may save money by reducing the amount of property damage caused by commercial vehicles -to roadways, light poles, signs, and fire hydrants directly related to commercial vehicles being off of designated truck routes or by being overloaded. The second vehicle purchase will allow the Police Department to add another Police K-9 to the Patrol Unit. This will allow for the K-9 Unit to expand their enforcement into illegal drug sales and distribution. The K-9 Unit will now be able to develop an interdiction program to target the distribution of illegal drugs being transported nationally by way of U. S. Highway 101 and through the national ground distribution companies located in Petaluma. This increased interdiction has the potential to preserve a police officer position within the Police Department through fines and seizures ofcash and property from narcotic dealers and transporters. Attachment 4 — Abstract Resolution No. 2009-110 N.C.S. Page 14 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Recovery Act -- Justice Assistance Grant (JAG) Program Certification as to Recovery Act Reporting Requirements On behalf of the applicant entity named below, I certify the following to the Office of Justice Programs, U.S. Department of Justice: I have personally read and reviewed the section entitled "Accountability and Transparency under the Recovery Act" in the program announcement for the Recovery Act grant program identified above. I have also read and reviewed section 1512(c) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), concerning reporting requirements for grants. I agree that the applicant will comply with the reporting requirements set forth therein with respect to any grant the applicant may receive under the Recovery Act grant program identified above. I acknowledge that a false statement in this certification may be subject to criminal prosecution, including under 18 U.S.C. § 1001. 1 also acknowledge that Office of Justice Program grants, including certifications provided in connection with such grants, are subject to review by the Office of Justice Programs, and/or by the Department of Justice's Office of the Inspector General. I have authority to make this certification on behalf of the applicant entity (that is, the entity applying directly to the Office of Justice Programs). Signature of Certifying Official John Brown Printed Name of Certifying Official City Manager Title of Certifying Official City of Petaluma — Petaluma Police Department Full Name of Applicant Entity 8 0G Dat OMB No. 1121.0323 Approval Explres 913012009 Resolution No. 2009-110 N.C.S. Page 15 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Recovery Act — Justice Assistance Grant (JAG) Program General Certification as to Requirements for Receipt of Funds for Infrastructure Investments On behalf of the applicant State or unit of local government (including tribal government) named below, I certify the following to the Office of Justice Programs ("OJP"), U.S. Department of Justice: I have personally read and reviewed the section entitled "Eligibility" in the program announcement for the Recovery Act grant program named above. I also have personally read and reviewed section 1511 of the American Recovery and Reinvestment Act of 2009 (the "Recovery Act"), which requires a specific certification prior to receipt of Recovery Act funds for infrastructure investments. Initial t e statement that applies: he applicant identified below does not intend to use any portion of any funds received under this Recovery Act grant program for any infrastructure investment. Should this Intention change, the applicant will promptly notify OJP, and (except to the extent, if any, that OJP has given prior written approval to expend funds to conduct the review and vetting required by law) will not draw down, obligate, or expend any funds received under this Recovery Act program for any infrastructure investment project until section 1511 of the Recovery Act has been satisfied, and an adequate project -specific certification has been executed, posted, and submitted to OJP. The applicant Identified below does intend to use some or all of any funds received under this Recovery Act grant program for one or more infrastructure investment projects. Except to the extent, if any, that OJP has given prior written approval to expend funds to conduct the review and vetting required by law, I agree that the applicant entity will execute, post, and submit to OJP, prior to obligating, expending, or drawing down funds for such project, a project -specific certification that satisfies all of the requirements of section 1511 (including execution by the Governor, mayor, or other chief executive, as appropriate) for each such infrastructure investment project. OMB No. 1121-0323 Approval Expires M012009 Resolution No. 2009-1 l0 N.C.S. Page 16 Page 2 of 2 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS General Certification as to Requirements for Receipt of Funds for Infrastructure Investments acknowledge that a false statement in this certification may be subject to criminal prosecution, including under 18 U.S.C. § 1001. 1 also acknowledge that Office of Justice Program grants, including certifications provided in connection with such grants, are subject to review by the Office of Justice Programs and/or by the Department of Justice's Office of the Inspector General. I have authority to make this certification on behalf of the applicant (that is, the governmental entity applying directly to the Office of Justice Programs). Signature of Certifying Official John Brown Printed Name of Certifying Official City Manager Title of Certifying Official City of Petaluma — Police Department Full Name of Applicant Government Entity Date OMn.No. 1121-0323 Approval Expires 9/30/2009 Resolution No. 2009-110 N.C.S. Page 17