August 20 2012 Complete Agenda

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AGENDA MAYOR AND CITY COUNCIL – REGULAR SESSION MONDAY, AUGUST 20, 2012 – 6:00 P.M.

1. CALL TO ORDER 2. PRAYER AND PLEDGE 3. REPORT FROM CITY MANAGER ON UPCOMING WORK SESSION 4. APPROVAL OF MINUTES A. B. C. D. Regular Session #13 dated July 2, 2012 Work Session dated July 10, 2012 Regular Session #14 dated July 16, 2012 Work Session dated July 31, 2012

5. ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL 6. PRIVATE EVENT PERMIT REQUESTS
 

A. Ravens vs. Steelers Rival 5K Tailgate Football Challenge – Saturday, November 17, 2012 Presented by: Lisa Mitchell, Private Events Coordinator and Chris Klebe, OC Trirunning.com B. Pigs on the Beach – Saturday, September 29, 2012 Presented by: Lisa Mitchell, Private Events Coordinator and James Zervakos, Blue Knights MD C. Seaside 10 Mile Run – 3 Year Approval – Adding Saturday, October 25, 2014 Presented by: Lisa Mitchell, Private Events Coordinator 7. PUBLIC HEARINGS 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. REPORTS AND RECOMMENDATIONS FROM THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Conditional Use Request to Permit Expansion of Existing Electrical Substation located on Sinepuxent and Derrickson Avenues between 137th and 138th Street Applicant: Delmarva Power and Light Company

11. APPOINTMENTS TO BOARDS, COMMISSIONS AND OTHER CITY ORGANIZATIONS 12. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. Second Reading - Ordinance 2012-24 to Amend Chapter 22, Entitled Elections (pertains to no-excuse absentee ballots, allowing the acceptance of absentee ballots until 5:00 p.m. on the Monday prior to Election Day and the acceptance of emergency absentee ballots on Election Day) B. Second Reading - Ordinance 2012-25 to Amend Terms for the Airport Improvement Bond of 2005 (to reduce the interest rate from 5.43% to 3.20%) 13. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER A. Upcoming Bid Requests: St. Louis Avenue Water, Sewer, & Roadway Improvements 10th to 17th Street; Maintenance of Elevator and Escalator Systems; Dukes Avenue Wastewater Pumping Station Improvements; and Old Landing Road Wastewater Pumping Station Improvements B. Request for Sole Source Contract to Replace Utility Pole at Fire Headquarters C. Request to Bid Network Core Switch Replacement through eMaryland Marketplace D. Bid Award Recommendations for Boardwalk Phase II Construction; Boardwalk Lumber Materials; and Gorman Avenue Water Tank Painting and Rehabilitation 14. COMMENTS FROM CITIZENS – 5 MINUTE TIME LIMIT 15. COMMENTS FROM THE MAYOR AND CITY COUNCIL

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, AUGUST 20, 2012 3 – REPORT FROM CITY MANAGER ON UPCOMING WORK SESSION

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, AUGUST 20, 2012 4 – APPROVAL OF MINUTES A. B. C. D. Regular Session #13 dated July 2, 2012 Work Session dated July 10, 2012 Regular Session #14 dated July 16, 2012 Work Session dated July 31, 2012

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, AUGUST 20, 2012 6 – PRIVATE EVENT PERMIT REQUESTS A. Ravens vs. Steelers Rival 5K Tailgate Football Challenge – Saturday, November 17, 2012 Presented by: Lisa Mitchell, Private Events Coordinator and Chris Klebe, OC Trirunning.com

TOWN OF

The White Marlin Capital of the World
Agenda Item # Council Meeting 6A August 20, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Events Coordinator Ravens vs. Steelers 5K August 15, 2012 Requesting approval of the Ravens vs. Steelers 5K private event. This is a request for a new event to take place in Ocean City on November 17, 2012. The coordinators are requesting to close 27th Street from Baltimore Avenue to the Boardwalk for registration from 7 am until 11 am. A 5K race would begin at 9 am and take place completely on the Boardwalk. Other events would take place on the beach and include a 40-yard dash, football bomb toss, accuracy toss and football agility drill. Non-specified To approve the event as requested. Do not approve the event. Lisa Mitchell, Private Event Coordinator Appropriate staff, specifically OCPD and Public Works. 1) 2) 3) 4) 5) November 2012 calendar Cover Sheet Application Beach and 27th Street Layout Race Route 5K

ISSUE(S): SUMMARY:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT (S):

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2012

Ocean City Private Events
Name of Event: Ravens vs. Steelers 5K Date of Event: Saturday, November 17, 2012 Date Application Received: July 2, 2012 Date Routed: July 2, 2012 Date Returned from All Departments: July 30, 3012 Things to Note: • • • • • • • This event would consist of a 5K run that would take place completely on the Boardwalk. Other events, such as a 40yard dash, football bomb toss, accuracy toss and football agility drill would also take place on the beach from 25th to 27th Streets. The event coordinator requests the closing of 27th Street from Baltimore Avenue to the Boardwalk for registration. Set-up for the event would begin at 5 am on the morning of the event. The event coordinators request to borrow the following from the city – 200 traffic cones, 50 barricades and the judges’ stand. The event would take place from 9 am until 1 pm. Clean up would take place immediately following the conclusion of the event and be finished by 3 pm. The race would run from 27th Street to 1st Street and then back to 27th Street. Upon completion of the race, the first 100 Ravens’ fans’ times will be compared against the first 100 Steelers’ fans’ times and a trophy will stay in the winning bar for the year. There will also be awards for the top two (2) male and female overall, the most team spirit. and the top two (2) in each age group. The event coordinators would set plastic fencing around the designated area on the beach. The event coordinators understand they would be responsible for all trash removal. The event coordinators would like to place port-o-lets on-site. The event coordinators would like to set-up a tent and air-inflated structures. Expected number of participants is between 300-500. Sponsors of the event would be the Pit and Pub and Buxy’s Salty Dog, both on 28th Street. The event coordinators would work with the local Ravens’ Roost as well as the Ravens’ Cheerleaders in some fashion. The date requested is the day before the Ravens play the Steelers. After the event, the participants would go back to their team’s bar for tailgating. Total Cost to Town: $528.00 Application Fee Paid: Yes

New Event: YES

• • • • • • •

Comments from Department Representatives: • PUBLIC WORKS – Event coordinator is requesting 200 traffic cones, 50 barricades and a bandstand. The Boardwalk is not crowded at that time of year and there should not be a need to cone/barricade the entire race route. Public Works staff is not available on the day of the event, as they are typically off on weekends. Therefore, the event coordinator must be responsible to clean up the street, Boardwalk and beach area of all trash and debris they and their participants generate. Please note: There are no trashcans on the beach at this time of year. 27th Street would be posted 48-hours in advance and the bandstand would be delivered on Friday and removed Monday. The winter sand fencing will already be installed on the beach at this time of year. The event coordinator would have to work around the fencing, but that shouldn’t pose any problems, as the beach is not utilized much at this time of year. OCPD – Will assign officers as follows: One (1) officer to close 27th Street, two (2) bike officers to lead and follow the run, and one (1) officer for general patrol of the area from 25th – 27th Streets on the Boardwalk and beach. There is the potential for conflict between participants supporting the different teams. Police presence may be needed in the area of the two (2) host locations after the event to prevent any possible conflicts. May also need to add officers for pedestrian crossing/awareness upon the conclusion of the event. Total cost to the department is estimated at $528.00. RISK MANAGEMENT – Hold harmless clause to be signed and Insurance Certificate to be obtained prior to the event. FIRE MARSHAL – The coordinator must obtain an air-inflated structure permit and a tent permit from the Office of the Fire Marshal. TOURISM, EMERGENCY SERVICES, TOURISM, OCBP, TRANSPORTATION, OCCC, and REC & PARKS – No comments, concerns or costs.



• • •

Date on Council Agenda: August 20, 2012 Event Approved of Denied: Date Fees Received: Date Insurance Certificate Received: Date Permit Issued: Other: Amount: Beach Franchise Notified:

PRIVATE EVENT APPLICATION
Town of Ocean City, Maryland

NON-REFUNDABLE APPLICATION FEE:
$100.00 For Profit Applicants, $25.00 Non-Profit Applicants
RETURN APPLICATION TO:
Private Events Coordinator Town of Ocean City Recreation and Parks 200 125th Street Ocean City, MD 21842 [email protected]

This is an application for use and is not a permit of use. No guarantee of availability or use is made or implied by the acceptance of the application and fee. This application is to be completed and forwarded to the Ocean City Special Events Department at least 90 days prior to the requested event. If an application is submitted less than 90-days prior to the proposed start date, a late submission fee of $100.00 will be assessed for both Non-Profit organizations and For-Profit promoters. A new application must be submitted annually for recurring events. Any misrepresentation in this application or deviation from the final agreed upon route and/or method of operation described herein may result in the immediate revocation of the permit. Applicant’s attention is directed to the accompanying information packet, entitled “Private Event Application Guidelines.” All questions on the application must be fully answered. “Same as last year” or similar comments are not acceptable responses. If a question does not apply, please write “N/A” in that space. The application will be returned if the information is incomplete. Please type or print the information clearly. You may attach additional sheets as necessary.

A non-refundable application fee must accompany this document. $100.00 For-Profit Promoters and $25 Non-Profit Organizations
The minimum fee for City property usage is $150 per day for For-Profit promoters and $25.00 per day for Non-Profit organizations. For beach use this fee is applied per ocean block, per day. Races/runs/walks on the beach do not require a per block charge. Set-up and breakdown days are also subject to this fee assessment.
Ravens Vs Steelers Rival 5k Tailgate Football Challenge 1. TITLE OF EVENT: ____________________________________________________

2. IS THIS A NEW EVENT? Yes ______________________________________________ 3. DATE(S) 11/17/2012 OF EVENT 11/17/2012
9am 1pm 4. STARTING & ENDING TIMES OF EVENT: _______________________________

Page 1 of 9

5. PROJECTED SET-UP DATE (S) & TIMES: _______________________________
11/17/2012 times set up 5am _____________________________________________________________________

6. PROJECTED CLEAN-UP DATE (S) & TIMES: ______________________________ ______________________________________________________________________ 11/17/2012 3pm 7. LOCATION (Describe area in which event shall be contained; be specific as to how much area will be used, etc.): _____________________________________________ 27th Street on the Boardwalk . The beach from 25 street to 27 street. We will run from _____________________________________________________________________ _____________________________________________________________________ 27th street down to 1st street for the turn around and finish at 27th street. We are also requesting to use the beach from 25th to 27th . _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Chris Klebe 8. APPLICANT’S NAME: ________________________________________________

OC Trirunning.com 9. ORGANIZATION REPRESENTING: _____________________________________ _____________________________________________________________________ _____________________________________________________________________

10. MAILING ADDRESS: _________________________________________________ 12280 Dixie Drive Bishopville , MD 21813 _____________________________________________________________________
443-497-4324 11. WORK PHONE #_____________________HOME PHONE #__________________ FAX:____________________________EMAIL: ____________________________

12. IF ORGANIZATION IS NONPROFIT, YOU MUST SUBMIT A LETTER OF n/a PROOF OF NON-PROFIT STATUS: _____________________________________ _____________________________________________________________________ _____________________________________________________________________ 13. ON-SITE EVENT COORDINATOR: ______________________________________ 14. OCEAN CITY/LOCAL ADDRESS OF COORDINATOR: ____________________ _____________________________________________________________________ _____________________________________________________________________ 15. COORDINATOR’S CONTACT NUMBERS: HOME: __443-497-4324_________________________WORK: ________________________ FAX:_____________________________CELL: __________________________
Same as above Chris Klebe

Page 2 of 9

E-MAIL ADDRESS: ________________________________________ OTHER: __________________________________________________________ 16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: ________ _____________________________________________________________________ The 5k Run will take place on the Boardwalk. Please see attached map. _____________________________________________________________________ _____________________________________________________________________ We are requesting to set up football challenges for the runners and families along the _____________________________________________________________________ _____________________________________________________________________ Beach on 27 to 25 street. We will offer the following stations for the family and friends. _____________________________________________________________________ 1) 40 yd Dash 2) The Football Bomb Toss _____________________________________________________________________ 3) The Accuracy Toss _____________________________________________________________________ 4) The football Agility drill _____________________________________________________________________ 5) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
*if more space is needed, please attach additional pages to the back of this application

17. WHERE WILL EVENT HEADQUARTERS BE LOCATED? _________________ ____________________________________________________________________ Two Locations: The Pit and Pub and Buxy”s Salty Dog on 28th street ____________________________________________________________________ 18. VEHICULAR ACCESS TO THE BEACH IS CONTROLLED. DO YOU REQUIRE SUCH ACCESS? ______IF SO, WHERE? ________________________ yes ____________________________________________________________________ ____________________________________________________________________ Between 25th street and 27th street ____________________________________________________________________ 19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES, EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT. (Include location, process, etc.): _______________________________________________________________ See attachedMap of layout ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 20. WILL YOU SET UP A JUDGING AREA, P.A. SYSTEM, TENTS, SCAFFOLDING, ETC.? IF SO, PLEASE ILLUSTRATE ON REQUIRED Yes please see diagram DIAGRAM AND DESCRIBE HERE: _____________________________________ ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO We will set plastic fencing around designated area on the beach. EMPLOY: ___________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Page 3 of 9

22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR CONSIDERATIONS (Be aware that additional charges may be assesset. ___________________________________________________________ _______________________________________________________________ We are requesting to close off 27th street from Baltimore ave to the Boardwalk for ____________________________________________________________________ Registration from 7 am to 11am. ____________________________________________________________________ ____________________________________________________________________ 23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE? _____ IF SO, WHAT TYPE? _________________________________________________ n/a ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 24. WHAT IS YOUR RAIN POLICY? _______________________________________ ____________________________________________________________________ The run is rain or shine. The beach activities will be called off if it rains ____________________________________________________________________ ____________________________________________________________________ 25. WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING OF SOLID WASTES, INCLUDING TRASH, GARBAGE AND RECYCLABLES? ____________________________________________________________________ We will provide a dumpster for trash removal. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT “COMFORT” (TOILETS, HAND WASHING, ETC.)? ___________________________________ We will have portable jons on site ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
n/a 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: ___________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES & QUANTITIES): ______________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

Page 4 of 9

____________________________________________________________________ ____________________________________________________________________ 29. WILL REVENUE BE GENERATED FROM PARTICIPANT FEES, CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? _____________ IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________ ____________________________________________________________________ 30. DESCRIBE EVENT PRIZES/AWARDS: __________________________________ A trophy will be given to the winning team. The first 100 Ravens fans times against the ____________________________________________________________________ first 100 Steeler fans. The trophy will stay in the winning bar for the year. We ____________________________________________________________________ Will also give to the top 2 male and female overall as well as Most team spirit. We wil ____________________________________________________________________ also do the top 2 in each age group. ____________________________________________________________________ 31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT? _________________
Please forward a copy of the approved “One Day Raffle Permit,” to the Private Events Coordinator.

Yes 32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? _________________
Please forward a copy of the approved “Tent Permit,” from the Office of the Fire Marshal to the Private Events Coordinator.

33. WILL YOU BE HAVING AIR-INFLATED STRUCTURES AT YOUR EVENT? __Yes_______________
Please forward a copy of the approved “Air Support/Air-Inflated Structures Permit,” to the Private Events Coordinator.

34. WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? _________________
Please forward a copy of the approved “Bonfire Permit,” to the Private Events Coordinator.

35. WILL YOU BE HAVING FIREWORKS AT YOUR EVENT? _________________
Please forward a copy of the approved “State of Maryland Fire Marshal Fireworks Permit,” to the Private Events Coordinator.

36. DO YOU EXPECT TO SERVE/SELL/DISTRIBUTE ALCOHOLIC BEVERAGES AT YOUR EVENT? ___Yes_____ IF SO, PLEASE DESCRIBE INTENT (include beverage type, quantities, drink sizes, location, etc.):__________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
Please forward a copy of the approved “One Day Alcohol Permit,” if required, to the Private Events Coordinator.

300 to 500 37. EXPECTED NUMBER OF PARTICIPANTS: ______________________________

Page 5 of 9

38. EXPECTED NUMBER _______300________________________

OF

SPECTATORS:

39. IF YOUR EVENT TAKES PLACE ON THE BEACH, YOU MUST NOTIFY THE APPROPRIATE BEACH FRANCHISE OWNER OF THE INTENDED EVENT. HAVE YOU DONE SO? _____________WHO DID YOU CONTACT? _________ ____________________________________________________________________ 40. WHAT ASSISTANCE AND SUPPLIES WILL YOU BE REQUESTING FROM THE TOWN OF OCEAN CITY (A refundable damage/repair bond of $100.00 is required for each major end-item borrowed from the Town of Ocean City): __________________________________________________________________ We are requesting 200 traffic cones, 50 Barricades, The announcement stage/ awards stage. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY OBTAINED THIS PERMIT? ___________IF SO, PLEASE ATTACHED A COPY TO THE BACK OF THIS APPLICATION.
Please forward a copy of the approved “MDOT Highway Permit” to the Private Events Coordinator once you receive it.

42. For parade organizers only: EXPECTED NUMBER OF OVERSIZED VEHICLES (LARGER THAN 12 FT TALL, 8 FT WIDE AND/OR 20 FT. LONG) TRAVELING THE PARADE ROUTE: _n/a______________DESCRIBE: __________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 43. LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE Ocean City Half Marathon, Seaside 10, The Ocean City 5 mile Boardwalk (5) YEARS: __________________________________________________________ run,____________________________________________________________________ The Assateague Island Triathlon. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Page 6 of 9

44. LIST ALL SPONSORS ASSOCIATED WITH YOUR EVENT (Please read and comply with the Town of Ocean City’s sponsorship policy. The application will not be approved without sponsors. If no sponsors, please state “No Sponsors” in area provided below.): _____________________________________________________ Pit an Pub 0n 28th street and Buxy’s Salty Dog on 28h street ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS APPLICATION: _________________________________________________ We will be working with the local Ravens Roost as well as the Ravens Cheerleaders in ____________________________________________________________________ Some fashion. The date requested is the Day before the Ravens play the Steelers. After the ____________________________________________________________________ events the runners family and friends will be going back to there teams bar for tailgating . ____________________________________________________________________ Food is provided by each Bar . ____________________________________________________________________ . ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 46. PLEASE ATTACH A DETAILED DIAGRAM OF EVENT LAYOUT. MAKE SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM, STAGE, CONCESSIONS, COURTS, BANDS, ETC. IS DIAGRAM INCLUDED WITH APPLICATION? YES________NO_______
An event diagram MUST be included for an event to be considered.

INSURANCE REQUIREMENT: For the protection of the public and the Mayor and City Council, the applicant must obtain, at the applicant’s own expense, general liability insurance coverage, which shall include coverage for personal injury in the amount of one million dollars ($1,000,000) single limit. Said insurance coverage shall name the Mayor and City Council as additional insureds, with the address on the certificate listed as 301 Baltimore Avenue, Ocean City, Maryland 21842. A copy of the Insurance Policy Addendum, showing the addition of the Mayor and City Council as additional insured, is also to be provided. The certificate of insurance and the addendum shall be furnished to the Private Events Coordinator, no later than 30-days before the private event. INSURANCE CERTIFICATE AND ADDENDUM: ____________INCLUDED WITH APPLICATION ____________TO BE OBTAINED AND FORWARDED NO LATER THAN THIRTY Page 7 of 9

(30) DAYS PRIOR TO THE EVENT

COCA-COLA EXCLUSIVE PRODUCT AGREEMENT DISCLOSURE: The applicant must comply with all provisions of the Town’s agreement with Coca-Cola Refreshments as it pertains to the distribution or sales of beverages by the applicant on Town property. The applicant agrees to sell, dispense or serve only Coca-Cola beverages on Town premises for the duration of the permitted use. The applicant is expressly prohibited from using the beverages of other suppliers, said beverages to include soft drinks, juices, sport drinks, specified energy drinks and bottled waters. The permitted beverages include Coca-Cola, Diet Coca-Cola, Sprite, Pibb Xtra, Mello Yello, Nestea, Arizona Tea, Barqs Root Beer, Fanta, Minute Maid, PowerAde, Fuze Juice, Monster, Tum E Yummies, Dasani and other products that Coca-Cola may provide in accordance with its agreement with the Town of Ocean City. I have read this disclosure and agree that I will comply with its provisions. APPLICANT’S SIGNATURE____________________________DATE______________

LOCAL ORDINANCE DISCLOSURE AND COMPLIANCE The applicant agrees to comply with the provisions of all applicable ordinances of the Town of Ocean City. Specifically all permitted uses on or within 75 feet of the Boardwalk are required to comply with the provisions of chapter 62 of the Code which expressly prohibits the public sale, rental or exchange for a donation of any goods, wares, merchandise, foodstuffs, refreshments or other commodities or services. I have read this disclosure and will comply with all provisions of the local ordinances including Chapter 62 of the Town Code. APPLICANT’S SIGNATURE___________________________DATE_______________

HOLD HARMLESS CLAUSE: Permitted (organization/applicant) shall assume all risks incident to or in connection with the permitted activity and shall be solely responsible for damage or injury, of whatever kind or nature, to person or property, directly or indirectly arising out of or in connection with the permitted activity or the conduct of Permitted’s operation. Permitted hereby expressly agrees to defend and save the Town of Ocean City, its officers, agents, employees and representatives harmless from any penalties for violation of any law, ordinance, or regulation affecting its activity and from any and all claims, suits, losses, damages, or injuries directly or indirectly arising out of or in connection with the permitted activity or conduct of its operation or resulting from the negligence or intentional acts or omissions of Permitted or its officers, agent and employees.

Page 8 of 9

APPLICANT’S SIGNATURE___________________________DATE_______________

MANDATED CHANGES/CANCELLATION Applicant understands that any event or event date can be changed or canceled at the direction of the Mayor and City Council if the approved event interferes with Public Works project(s) or any other necessary governmental function. Such action may be directed at any time. APPLICANT’S SIGNATURE___________________________DATE_______________

PRIVATE EVENT APPLICATION COMPLIANCE REQUIREMENT The applicant for the private event described in this application agrees to follow guidelines provided and submit a complete application including all required submission of materials. The applicant agrees to take full responsibility for all city-owned property, whether borrowed, leased or rented, and understands that necessary replacement and/or repair fees may be assessed should such property be in an unacceptable condition. The applicant agrees to abide by all provisions of the private event permit granted by the Town and agrees to pay all fees and costs assigned to the permit. The applicant further agrees to comply with all conditions of the use permit, which may be required by the Mayor and City Council of the Town. I have read and will copy with all special event application requirements. APPLICANT’S SIGNATURE___________________________DATE_______________

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Ravens vs Steelers 5k
Starts In Ocean City, Maryland

3.04

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Ascent

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26ft Max 0ft Min +46ft -46ft < 3 %

 

Description

Page 1 of 5

© MapMyFitness, Inc, All Rights Reserved, 2005-2011   |   View more maps online at: Find this route online at mapmyrun.com/ routes/ view/104059907 Distance values on this map may differ slightly from values reported on the route engine.

Ravens vs Steelers 5k
Starts In Ocean City, Maryland Notes Notes

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START 0.03 mi. 0.08 mi. 0.13 mi. 0.23 mi. 0.3 mi. 0.37 mi. 0.48 mi. 0.52 mi. 0.59 mi. 0.67 mi. 0.72 mi. 0.85 mi. 0.92 mi. 1.03 mi. 1.09 mi. 1.21 mi. 1.27 mi. 1.36 mi. 1.37 mi. 1.37 mi. 1.45 mi. 1.5 mi.

181ft 266ft 246ft 537ft 377ft 355ft 574ft 195ft 405ft 384ft 267ft 714ft 354ft 572ft 340ft 611ft 318ft 503ft 9ft 9ft 413ft 298ft 104ft

Head south on Atlantic Ave/ N Boardwalk toward 26th St Head south on Atlantic Ave/ N Boardwalk toward 26th St Head south on Atlantic Ave/ N Boardwalk toward 25th St Head south on Atlantic Ave/ N Boardwalk toward 24th St Head south on Atlantic Ave/ N Boardwalk toward 23rd St Head south on Atlantic Ave/ N Boardwalk toward 21st St Head south on Atlantic Ave/ N Boardwalk toward 20th St Head south on Atlantic Ave/ N Boardwalk toward 19th St Head south on Atlantic Ave/ N Boardwalk toward 18th St Head south on Atlantic Ave/ N Boardwalk toward 17th St Head south on Atlantic Ave/ N Boardwalk toward 16th St Head south on Atlantic Ave/ N Boardwalk toward 15th St Head south on Atlantic Ave/ N Boardwalk toward 13th St Head southwest on Atlantic Ave/ N Boardwalk toward 12th St Head southwest on N Atlantic Ave/ S Boardwalk toward 11th St Head southwest on N Atlantic Ave/ S Boardwalk toward 10th St Head south on N Atlantic Ave/ S Boardwalk toward 8th St Head southwest on N Atlantic Ave/ S Boardwalk toward 7th St Turn right onto 6th St Head southeast on 6th St toward N Atlantic Ave/ S Boardwalk Turn right onto N Atlantic Ave/ S Boardwalk Head southwest on N Atlantic Ave/ S Boardwalk toward 4th St Head south on N Atlantic Ave/ S Boardwalk toward 3rd St

1.52 mi. 1.52 mi. 1.52 mi. 1.53 mi. 1.53 mi. 1.57 mi. 1.69 mi. 1.77 mi. 1.87 mi. 1.97 mi. 2.1 mi. 2.17 mi. 2.23 mi. 2.33 mi. 2.44 mi. 2.54 mi. 2.62 mi. 2.71 mi. 2.76 mi. 2.88 mi. 2.95 mi. 3.03 mi.

8ft 4ft 8ft 28ft 187ft 659ft 399ft 533ft 526ft 682ft 415ft 297ft 528ft 561ft 527ft 415ft 482ft 304ft 590ft 397ft 435ft

Head south on N Atlantic Ave/ S Boardwalk toward 3rd St Head south on N Atlantic Ave/ S Boardwalk toward 3rd St Head north on N Atlantic Ave/ S Boardwalk toward 4th St Head south on N Atlantic Ave/ S Boardwalk toward 3rd St Head north on N Atlantic Ave/ S Boardwalk toward 4th St Head northeast on N Atlantic Ave/ S Boardwalk toward 5th St Head northeast on N Atlantic Ave/ S Boardwalk toward 7th St Head northeast on N Atlantic Ave/ S Boardwalk toward Surf Ave Head north on N Atlantic Ave/ S Boardwalk toward 9th St Head north on N Atlantic Ave/ S Boardwalk toward 11th St Head northeast on Atlantic Ave/ N Boardwalk toward 13th St Head north on Atlantic Ave/ N Boardwalk toward 14th St Head north on Atlantic Ave/ N Boardwalk toward 15th St Head north on Atlantic Ave/ N Boardwalk toward 16th St Head north on Atlantic Ave/ N Boardwalk toward 18th St Head north on Atlantic Ave/ N Boardwalk toward 19th St Head north on Atlantic Ave/ N Boardwalk toward 21st St Head north on Atlantic Ave/ N Boardwalk toward 22nd St Head north on Atlantic Ave/ N Boardwalk toward 23rd St Head north on Atlantic Ave/ N Boardwalk toward 24th St Head north on Atlantic Ave/ N Boardwalk toward 26th St Head north on Atlantic Ave/ N Boardwalk

Page 2 of 5

© MapMyFitness, Inc, All Rights Reserved, 2005-2011   |   View more maps online at: Find this route online at mapmyrun.com/ routes/ view/104059907 Distance values on this map may differ slightly from values reported on the route engine.

Ravens vs Steelers 5k
Starts In Ocean City, Maryland

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START 0.03 mi. 0.08 mi. 0.13 mi. 0.23 mi. 0.3 mi. 0.37 mi. 0.48 mi.

181ft 266ft 246ft 537ft 377ft 355ft 574ft 195ft

Head south on Atlantic Ave/ N Boardwalk toward 26th St Head south on Atlantic Ave/ N Boardwalk toward 26th St Head south on Atlantic Ave/ N Boardwalk toward 25th St Head south on Atlantic Ave/ N Boardwalk toward 24th St Head south on Atlantic Ave/ N Boardwalk toward 23rd St Head south on Atlantic Ave/ N Boardwalk toward 21st St Head south on Atlantic Ave/ N Boardwalk toward 20th St Head south on Atlantic Ave/ N Boardwalk toward 19th St

0.52 mi. 0.59 mi. 0.67 mi. 0.72 mi. 0.85 mi. 0.92 mi. 1.03 mi. 1.09 mi.

405ft 384ft 267ft 714ft 354ft 572ft 340ft 611ft

Head south on Atlantic Ave/ N Boardwalk toward 18th St Head south on Atlantic Ave/ N Boardwalk toward 17th St Head south on Atlantic Ave/ N Boardwalk toward 16th St Head south on Atlantic Ave/ N Boardwalk toward 15th St Head south on Atlantic Ave/ N Boardwalk toward 13th St Head southwest on Atlantic Ave/ N Boardwalk toward 12th St Head southwest on N Atlantic Ave/ S Boardwalk toward 11th St Head southwest on N Atlantic Ave/ S Boardwalk toward 10th St

This segment shows 0.52 mi. (2,731 ft.) of your route.

This segment shows 0.68 mi. (3,597 ft.) of your route.

Page 3 of 5

© MapMyFitness, Inc, All Rights Reserved, 2005-2011   |   View more maps online at: Find this route online at mapmyrun.com/ routes/ view/104059907 Distance values on this map may differ slightly from values reported on the route engine.

Ravens vs Steelers 5k
Starts In Ocean City, Maryland

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1.21 mi. 1.27 mi. 1.36 mi. 1.37 mi. 1.37 mi. 1.45 mi. 1.5 mi. 1.52 mi.

318ft 503ft 9ft 9ft 413ft 298ft 104ft 8ft

Head south on N Atlantic Ave/ S Boardwalk toward 8th St Head southwest on N Atlantic Ave/ S Boardwalk toward 7th St Turn right onto 6th St Head southeast on 6th St toward N Atlantic Ave/ S Boardwalk Turn right onto N Atlantic Ave/ S Boardwalk Head southwest on N Atlantic Ave/ S Boardwalk toward 4th St Head south on N Atlantic Ave/ S Boardwalk toward 3rd St Head south on N Atlantic Ave/ S Boardwalk toward 3rd St

1.52 mi. 1.52 mi. 1.53 mi. 1.53 mi. 1.57 mi. 1.69 mi. 1.77 mi. 1.87 mi.

4ft 8ft 28ft 187ft 659ft 399ft 533ft 526ft

Head south on N Atlantic Ave/ S Boardwalk toward 3rd St Head north on N Atlantic Ave/ S Boardwalk toward 4th St Head south on N Atlantic Ave/ S Boardwalk toward 3rd St Head north on N Atlantic Ave/ S Boardwalk toward 4th St Head northeast on N Atlantic Ave/ S Boardwalk toward 5th St Head northeast on N Atlantic Ave/ S Boardwalk toward 7th St Head northeast on N Atlantic Ave/ S Boardwalk toward Surf Ave Head north on N Atlantic Ave/ S Boardwalk toward 9th St

This segment shows 0.43 mi. (2,269 ft.) of your route.

This segment shows 0.44 mi. (2,305 ft.) of your route.

Page 4 of 5

© MapMyFitness, Inc, All Rights Reserved, 2005-2011   |   View more maps online at: Find this route online at mapmyrun.com/ routes/ view/104059907 Distance values on this map may differ slightly from values reported on the route engine.

Ravens vs Steelers 5k
Starts In Ocean City, Maryland

Notes

Notes

AT

FOR

NOTES

AT

FOR

NOTES

1.97 mi. 2.1 mi. 2.17 mi. 2.23 mi. 2.33 mi. 2.44 mi. 2.54 mi. 2.62 mi.

682ft 415ft 297ft 528ft 561ft 527ft 415ft 482ft

Head north on N Atlantic Ave/ S Boardwalk toward 11th St Head northeast on Atlantic Ave/ N Boardwalk toward 13th St Head north on Atlantic Ave/ N Boardwalk toward 14th St Head north on Atlantic Ave/ N Boardwalk toward 15th St Head north on Atlantic Ave/ N Boardwalk toward 16th St Head north on Atlantic Ave/ N Boardwalk toward 18th St Head north on Atlantic Ave/ N Boardwalk toward 19th St Head north on Atlantic Ave/ N Boardwalk toward 21st St

2.71 mi. 2.76 mi. 2.88 mi. 2.95 mi. 3.03 mi.

304ft 590ft 397ft 435ft

Head north on Atlantic Ave/ N Boardwalk toward 22nd St Head north on Atlantic Ave/ N Boardwalk toward 23rd St Head north on Atlantic Ave/ N Boardwalk toward 24th St Head north on Atlantic Ave/ N Boardwalk toward 26th St Head north on Atlantic Ave/ N Boardwalk

This segment shows 0.44 mi. (2,316 ft.) of your route.

This segment shows 0.82 mi. (4,305 ft.) of your route.

Page 5 of 5

© MapMyFitness, Inc, All Rights Reserved, 2005-2011   |   View more maps online at: Find this route online at mapmyrun.com/ routes/ view/104059907 Distance values on this map may differ slightly from values reported on the route engine.

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, AUGUST 20, 2012 6 – PRIVATE EVENT PERMIT REQUESTS B. Pigs on the Beach – Saturday, September 29, 2012 Presented by: Lisa Mitchell, Private Events Coordinator and James Zervakos, Blue Knights MD

25166

TOWN OF

The White Marlin Capital of the World
Agenda Item # Council Meeting 6B August 20, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Events Coordinator Pigs on the Beach August 14, 2012 Requesting approval to hold the annual event, “Pigs on the Beach.” If approved, this event would consist of a motorcycle ride on the Boardwalk beginning at 27th Street and ending at North Division street, or any other south end exit from the Boardwalk. Non-specified To approve the event with the motorcycle ride exiting the Boardwalk at North Division Street. 1) To approve the event with the exit at a different location than North Division Street. 2) Do not approve the event. Lisa Mitchell, Private Event Coordinator Appropriate staff, specifically OCPD and Public Works. 1) September 2012 Calendar 2) Cover Sheet 3) Application

ISSUE(S):

SUMMARY:

FISCAL IMPACT: RECOMMENDATION:

ALTERNATIVES:

RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT (S):

September
Sun Mon Tue Wed Thu Fri Sat 1

2

3

4

5

6

7

8

Summer of Thanks – Beach Lights

Summer of Thanks – Beach Fireworks

MOOD ESA Surf Event PE – Walk for Recovery TENTATIVE
11 12 13 14 15

9

10

OC Cruzers ESA Surf Event

PE – 911 Parade of Brothers

PE - Bikefest

PE - Bikefest

PE - Bikefest ESA Surf Event Rain Date

16

17

18

19

20

21

22

PE – Bikefest ESA Surf Event Rain Date

SUNFEST PE – Sunfest Kite Festival

SUNFEST PE – Sunfest Kite Festival

SUNFEST PE – Sunfest Kite Festival

23

24

25

26

27

28

29

SUNFEST PE – Sunfest Kite Festival OC Cruzers
30

PE - Winefest

PE – Winefest PE – Walk out of the Darkness PE – Pigs on the Beach - TENTATIVE

2012

Ocean City Special Events – Private Events
Name of Event: Pigs on the Beach Date of Event: Saturday, September 29, 2012 Application Fee Paid: Yes/$25 New Event: No

Date Application Received: July 17, 2012 Date Routed: July 17, 2012

Date Returned from All Departments: August 8, 2012

Total Cost to Town: No foreseeable costs

Things to Note: • This event is an annual ride on the Boardwalk from 27th Street to North Division Street (or any more preferable exit on the south end), and then over the Route 50 Bridge out of town. • Approximately 50 motorcycles and 75 people will take place in this ride. • The Boardwalk ride will begin at 10 am and last about 20-minutes. • Event organizer requests one (1) police car to lead the parade of motorcycles. Comments from Department Representatives: • OCPD – Will provide officers from patrol to lead and follow the group. Request they enter the Boardwalk at 27th Street and exit at North Division Street. While there is another event going on this same day, “Walk Out of the Darkness,” the events do not overlap and OCPD believes they can co-exist safely with the small projected numbers of both events. • PUBLIC WORKS – Requests the riders exit the Boardwalk at North Division Street. • RISK MANAGEMENT – All riders must have current insurance. • TOURISM, FIRE MARSHAL, OCBP, EMERGENCY SERVICES, OCCC, TRANSPORTATION, and REC & PARKS – No comments, concerns or costs.

Date on Council Agenda: August 20, 2012 Date Applicant Notified of Meeting: Event Approved or Denied: Date Insurance Certificate Received: N/A Beach Franchisee Notified: N/A Date Fees Received: Date Permit Issued: Other: Amount:

PRIVATE EVENT APPLICATION
Town of Ocean City, Maryland

NON-REFUNDABLE APPLICATION FEE:
$35.00 For Profit Applicants, $15.00 Non-Profit Applicants
RETURN APPLICATION TO:
Private Events Coordinator Town of Ocean City Recreation and Parks 200 125th Street Ocean City, MD 21842

This is an application for use and is not a permit of use. No guarantee of availability or use is made or implied by the acceptance of the application and fee. This application should be completed and forwarded to the Ocean City Special Events Department at least 90 days prior to the requested event for City Council consideration. Any misrepresentation in this application or deviation from the final agreed upon route and/or method of operation described herein may result in the immediate revocation of the permit. Applicant’s attention is directed to the accompanying information packet, entitled “Private Event Application Guidelines.” All questions on the application must be fully answered. “Same as last year” or similar comments are not acceptable responses. If a question does not apply, please write “N/A” in that space. The application will be returned if the information is incomplete. Please type or print the information clearly. You may attach additional sheets as necessary.

A non-refundable application fee must accompany this document. $35.00 For-Profit Applicants and $15 Non-Profit Applicants
(If a Date Hold was approved for this event last year, please submit the remainder of balance.)

The minimum fee for City property usage is $150 per day for For-Profit Applicants and $15.00 per day for Non-Profit applicants. Set-up and breakdown days are also subject to this fee assessment. Pigs on the Beach 1. TITLE OF EVENT: ____________________________________________________ No 2. IS THIS A NEW EVENT? ______________________________________________ Sat., Sept. 29, 2012 3. DATE(S) OF EVENT: __________________________________________________
10:00 a.m. – 10:20 a.m. 4. STARTING & ENDING TIMES OF EVENT: _______________________________

5. PROJECTED SET-UP DATE (S) & TIMES: ________________________________ 10:00 a.m. _____________________________________________________________________

Page 1 of 9

6. PROJECTED CLEAN-UP DATE (S) & TIMES: ______________________________ ______________________________________________________________________ N/A 7. LOCATION (Describe area in which event shall be contained; be specific as to how much area will be used, etc.): _____________________________________________ _____________________________________________________________________ _____________________________________________________________________ Ride on Boardwalk from 27th St. to North Division or any exit south end. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 8. APPLICANT’S NAME: ________________________________________________
.

James C. Zervakos

9. ORGANIZATION REPRESENTING: _____________________________________ _____________________________________________________________________ Blue Knights MD V _____________________________________________________________________ 10. MAILING ADDRESS: _________________________________________________ 121 Dixon St., Selbyville, DE 19975 _____________________________________________________________________
800-872-9595 302-436-8240 11. WORK PHONE #_____________________HOME PHONE #__________________ [email protected] FAX: _________________________ E:MAIL: _____________________________ 302-436-0140

12. IF ORGANIZATION IS NONPROFIT, LIST NONPROFIT CLASSIFICATION AND IDENTIFICATION NUMBER: ____________________________________ Blue Knights International _____________________________________________________________________ Fed. 01-0355797 501©10 _____________________________________________________________________ 13. ON-SITE EVENT COORDINATOR: ______________________________________ 14. OCEAN CITY/LOCAL ADDRESS OF COORDINATOR: ____________________ _____________________________________________________________________ _____________________________________________________________________ 31281 Polly Branch Rd., Selbyville, DE 19975 15. COORDINATOR’S CONTACT NUMBERS: 302-436-8240 800-872-9595 HOME: ___________________________WORK: ________________________ FAX:_____________________________CELL: __________________________ 302-436-0140 443-614-2406 [email protected] E-MAIL ADDRESS: ________________________________________________ OTHER: __________________________________________________________
Jim Zervakos

Page 2 of 9

16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: ________ _____________________________________________________________________ _____________________________________________________________________ Ride motorcycles down the Boardwalk from 27th St. to the south end and out over Route _____________________________________________________________________ 50. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
*if more space is needed, please attach additional pages to the back of this application

17. WHERE WILL EVENT HEADQUARTERS BE LOCATED? _________________ ____________________________________________________________________ 22nd St. Days Inn ____________________________________________________________________ 18. VEHICULAR ACCESS TO THE BEACH IS CONTROLLED. DO YOU REQUIRE SUCH ACCESS? ______IF SO, WHERE? ________________________ No ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES, EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT. (Include location, process, etc.): _______________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 20. WILL YOU SET UP A JUDGING AREA, P.A. SYSTEM, TENTS, SCAFFOLDING, ETC.? IF SO, PLEASE ILLUSTRATE ON REQUIRED DIAGRAM AND DESCRIBE HERE: _____________________________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO EMPLOY: ___________________________________________________________ ____________________________________________________________________ One police car to lead parade ____________________________________________________________________ ____________________________________________________________________ Page 3 of 9

22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR CONSIDERATIONS (Be aware that additional charges may be assessed.): ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE? _____ IF SO, WHAT TYPE? _________________________________________________ No ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 24. WHAT IS YOUR RAIN POLICY? _______________________________________ ____________________________________________________________________ Cancel ____________________________________________________________________ ____________________________________________________________________ 25. WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING OF SOLID WASTES, INCLUDING TRASH, GARBAGE AND RECYCLABLES? ____________________________________________________________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ 26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT “COMFORT” (TOILETS, HAND WASHING, ETC.)? ___________________________________ ___________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: ___________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES & QUANTITIES): ______________________________________________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

Page 4 of 9

29. WILL REVENUE BE GENERATED FROM PARTICIPANT FEES, CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? _____________ IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________ N/A ____________________________________________________________________ 30. DESCRIBE EVENT PRIZES/AWARDS: __________________________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
N/A 31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT? _________________
Please forward a copy of the approved “One Day Alcohol Permit,” to the Private Events Coordinator.

N/A 32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? _________________
Please forward a copy of the approved “Tent Permit,” to the Private Events Coordinator.

33. WILL YOU BE HAVING AIR SUPPORT/AIR-INFLATED STRUCTURES AT N/A YOUR EVENT? _________________
Please forward a copy of the approved “Air Support/Air-Inflated Structures Permit,” to the Private Events Coordinator.

N/A 34. WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? _________________
Please forward a copy of the approved “Bonfire Permit,” to the Private Events Coordinator.

N/A 35. WILL YOU BE HAVING FIREWORKS AT YOUR EVENT? _________________
Please forward a copy of the approved “Fireworks Permit,” to the Private Events Coordinator.

36. DO YOU EXPECT TO SERVE/SELL/DISTRIBUTE ALCOHOLIC BEVERAGES AT YOUR EVENT? N/A ___________IF SO, PLEASE DESCRIBE INTENT (include beverage type, quantities, drink sizes, location, etc.):__________________________ ____________________________________________________________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
Please forward a copy of the approved “One Day Alcohol Permit,” if required, to the Private Events Coordinator.

50 motorcycles 75 people 37. EXPECTED NUMBER OF PARTICIPANTS: ______________________________ N/A 38. EXPECTED NUMBER OF SPECTATORS: ________________________________

Page 5 of 9

39. IF YOUR EVENT TAKES PLACE ON THE BEACH, YOU MUST NOTIFY THE APPROPRIATE BEACH FRANCHISE OWNER OF THE INTENDED EVENT. HAVE YOU DONE SO? _____________WHO DID YOU CONTACT? _________ N/A ____________________________________________________________________ 40. WHAT ASSISTANCE AND SUPPLIES WILL YOU BE REQUESTING FROM TOWN PERSONNEL (Be aware that additional charges may be assessed and applicants must take full responsibility for the protection and security of borrowed/ rented city property): __________________________________________________ ____________________________________________________________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY N/A OBTAINED THIS PERMIT? ___________IF SO, PLEASE ATTACHED A COPY TO THE BACK OF THIS APPLICATION.
If you have not yet obtained this permit, please forward a copy of the approved “Highway Permit,” to the Private Events Coordinator once you receive it.

42. For parade organizers only: EXPECTED NUMBER OF OVERSIZED VEHICLES (LARGER THAN 12 FT TALL, 8 FT WIDE AND/OR 20 FT. LONG) TRAVELING THE PARADE ROUTE: _______________DESCRIBE: __________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 43. LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE (5) YEARS: __________________________________________________________ ____________________________________________________________________ We have had this parade for the last 15+ years on the Boardwalk with no issues or ____________________________________________________________________ accidents. ____________________________________________________________________ ____________________________________________________________________ 44. LIST ALL SPONSORS ASSOCIATED WITH YOUR EVENT: ________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ Page 6 of 9

45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS APPLICATION: _________________________________________________ ____________________________________________________________________ The insurance has been covered in the past by every bike on the Boardwalk which is ____________________________________________________________________ individually insured and registered. ____________________________________________________________________ ____________________________________________________________________ . ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 46. PLEASE ATTACH A DETAILED DIAGRAM OF EVENT LAYOUT. MAKE SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM, STAGE, CONCESSIONS, COURTS, BANDS, ETC. X IS DIAGRAM INCLUDED WITH APPLICATION? YES________NO_______
An event layout MUST be included for an event to be considered.

INSURANCE REQUIREMENT: For the protection of the public and the Mayor and City Council, the applicant must obtain, at the applicant’s own expense, occurrence form comprehensive general liability insurance coverage, which insurance coverage shall include coverage for personal injury which said insurance coverall shall be at least in the amount of one million dollars ($1,000,000) single limit. Said insurance coverage shall name the Mayor and City Council as additional insureds, with the address on the certificate listed as 301 Baltimore Avenue, Ocean City, Maryland 21842. A copy of the Insurance Policy Addendum, showing the addition of the Mayor and City Council as additional insured, is also to be provided. The certificate of insurance evidencing such coverage and the addendum shall be furnished to the Special Events Coordinator, Private Events on behalf of the Mayor and City Council by the applicant and be approved by the Town’s Risk Manager before applicant engages in the activity.

INSURANCE CERTIFICATE AND ADDENDUM: ___N/A_________INCLUDED WITH APPLICATION _______N/A___ TO BE OBTAINED AND FORWARDED NO LATER THAN THIRTY (30) DAYS PRIOR TO THE EVENT Page 7 of 9

PEPSI COLA EXCLUSIVE PRODUCT AGREEMENT DISCLOSURE: The applicant must comply with all provisions of the Town’s agreement with the Pepsi Cola Company of Salisbury as it pertains to the distribution or sales of beverages by the applicant on Town property. The applicant agrees to sell, dispense or serve only Pepsi Cola beverages on Town premises for the duration of the permitted use. The applicant is expressly prohibited from using the beverages of other suppliers, said beverages to include soft drinks, juices, sport drinks and bottled waters. The permitted beverages include Pepsi, Diet Pepsi, Sierra Mist, Dr. Pepper, Mountain Dew, Lipton Brisk, Mug Root Beer, Slice, Hawaiian Punch, Gatorade, Dole, Sobe, Aquafina and other products which Pepsi Cola may provide. I have read this disclosure and agree that I will comply with its provisions. APPLICANT’S SIGNATURE____________________________DATE______________
Signature on File 6/20/12

LOCAL ORDINANCE DISCLOSURE AND COMPLIANCE The applicant agrees to comply with the provisions of all applicable ordinances of the Town of Ocean City. Specifically all permitted uses on or within 75 feet of the Boardwalk are required to comply with the provisions of chapter 62 of the Code which expressly prohibits the public sale, rental or exchange for a donation of any goods, wares, merchandise, foodstuffs, refreshments or other commodities or services. I have read this disclosure and will comply with all provisions of the local ordinances including Chapter 62 of the Town Code.
Signature on File 6/20/12 APPLICANT’S SIGNATURE___________________________DATE_______________

HOLD HARMLESS CLAUSE: Permitted (organization/applicant) shall assume all risks incident to or in connection with the permitted activity and shall be solely responsible for damage or injury, of whatever kind or nature, to person or property, directly or indirectly arising out of or in connection with the permitted activity or the conduct of Permitted’s operation. Permitted hereby expressly agrees to defend and save the Town of Ocean City, its officers, agents, employees and representatives harmless from any penalties for violation of any law, ordinance, or regulation affecting its activity and from any and all claims, suits, losses, damages, or injuries directly or indirectly arising out of or in connection with the permitted activity or conduct of its operation or resulting from the negligence or intentional acts or omissions of Permitted or its officers, agent and employees.
6/20/12 Signature on File APPLICANT’S SIGNATURE___________________________DATE_______________

Page 8 of 9

MANDATED CHANGES/CANCELLATION Applicant understands that any event or event date can be changed or canceled at the direction of the Mayor and City Council if the approved event interferes with Public Works project(s) or any other necessary governmental function. Such action may be directed at any time.
Signature on File 6/20/12 APPLICANT’S SIGNATURE___________________________DATE_______________

PRIVATE EVENT APPLICATION COMPLIANCE REQUIREMENT The applicant for a private event permit agrees to follow guidelines provided and submit a complete application including all required submission of materials. The applicant agrees to take full responsibility for all city-owned property, whether borrowed, leased or rented, and understands that necessary replacement and/or repair fees may be assessed should such property be in an unacceptable condition. The applicant agrees to abide by all provisions of the permit granted by the Town and agrees to pay all fees and costs assigned to the permit. The applicant further agrees to comply with all conditions of the use permit, which may be required by the Mayor and City Council of the Town. I have read and will copy with all special event application requirements.
6/20/12 Signature on File APPLICANT’S SIGNATURE___________________________DATE_______________

Page 9 of 9

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, AUGUST 20, 2012 6 – PRIVATE EVENT PERMIT REQUESTS C. Seaside 10 Mile Run - 3-Year Approval – Adding October 25, 2014 Presented by: Lisa Mitchell, Private Events

2

TOWN OF

The White Marlin Capital of the World
Agenda Item # Council Meeting 6C August 20, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Events Coordinator Seaside 10 3-year event approval continuation request August 14, 2012 Requesting a continuation of their 3-year event approval to include October 25, 2014. This is a longstanding event in Ocean City that has met certain requirements (it has taken place in Ocean City for five (5) or more consecutive years, there are no changes to the event, coordinators are compliant with the normal application process, coordinators pay all appropriate fees, and continue to have a positive relationship with the Town of Ocean City). Therefore, last year this event was granted approval for October 29, 2011, October 27, 2012 and October 26, 2013. The coordinators are now requesting this provision be continued, and the event be approved for October 25, 2014. Non-specified To approve the 3-year continuation request to include the 2014 date. Do not approve the 3-year continuation request. Lisa Mitchell, Private Event Coordinator Appropriate staff, specifically OCPD and Public Works. 1) 2) 3) 4) 5) October 2014 Calendar Cover Sheet Application for 2012 Race Route 10-Mile Race Route 5K

ISSUE(S):

SUMMARY:

FISCAL IMPACT: RECOMMENDATION:

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT (S):

October
Sun Mon Tue Wed 1 Thu 2 Fri 3 Sat 4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

PE – Seaside 10 TENTATIVE

26

27

28

29

30

31

2014

Ocean City Private Events 3-Year Approval
Name of Event: Seaside 10 Date of Event: Requesting event approval for October 25, 2014 Cost to the Town of Ocean City to support this event: $ 8,000.00

Things to Note: • • • • This event would be two different running races – A 5K would take place on the Boardwalk and finish under the tram station; A 10-Mile Run would start and finish at the Inlet Parking Lot under the tram station. Chris Klebe for OC TriRunning was granted a 3-year event approval for the Seaside 10. The dates approved were for October 29, 2011, October 27, 2012 and October 26, 2013. Chris Klebe for OC TriRunning would like to continue this provision, and requests Council approves this event for the date of October 25, 2014. All appropriate documents have been supplied and fees have been invoiced.

Comments from Department Representatives: • • • Rec. & Parks – Tents may not be staked in the Inlet Lot without approval. Tourism – This is a long-standing event, a great fit for late October. OCPD – Traffic control at the Inlet Lot and 27th Street/Baltimore Avenue. Traffic control at 11-intersections on Coastal Highway within the race route. Will provide a lead vehicle and bike. Officers will monitor the Boardwalk 5K. Volunteers will be needed at 68th and 69th Streets because OCPD will not man those locations. Traffic arrow boards and VMB needed at 33rd Street on Coastal Highway and at MD Route 90. Total cost to the department is estimated at about $3,000. Due to Boardwalk construction project, any modifications to the race route may lead to changes to OCPD responsibilities. Risk - COI to be submitted prior to the event. Be aware for this year, the second phase of the Boardwalk construction project will be underway and the race route(s) will need to be modified. Public Works – This is an established annual event that already has approval for 2012 and 2013 and is looking for a continuation of their 3-year event approval to include 2014 dates, and Public Works is OK with the request. This year’s application appears to be a repeat of last year. This event area is quite large and spread out from the Inlet to 69th Street and requires significant use of city items and resources. Public Works staff must work overtime to support the event. Cost to the department to support this event last year was about $5,000. We would like to see revenue source from the event organizers to help fund our costs, staffing and budget needs. Transportation, Fire Marshal, OCBP, Emergency Services and OCCC – No comments.

• •



Date on Council Agenda: August 20, 2012 Council Ruling: ________________________________________________ Applicant Notified of Meeting Results: _____________________________

PRIVATE EVENT APPLICATION
Town of Ocean City, Maryland

NON-REFUNDABLE APPLICATION FEE:
$35.00 For Profit Applicants, $15.00 Non-Profit Applicants
RETURN APPLICATION TO:
Private Events Coordinator Town of Ocean City Recreation and Parks 200 125th Street Ocean City, MD 21842

This is an application for use and is not a permit of use. No guarantee of availability or use is made or implied by the acceptance of the application and fee. This application should be completed and forwarded to the Ocean City Special Events Department at least 90 days prior to the requested event for City Council consideration. Any misrepresentation in this application or deviation from the final agreed upon route and/or method of operation described herein may result in the immediate revocation of the permit. Applicant’s attention is directed to the accompanying information packet, entitled “Special Event Application Guidelines.” All questions on the application must be fully answered. “Same as last year” or similar comments are not acceptable responses. If a question does not apply, please write “N/A” in that space. The application will be returned if the information is incomplete. Please type or print the information clearly. You may attach additional sheets as necessary.

A non-refundable application fee must accompany this document. $35.00 For-Profit Applicants and $15 Non-Profit Applicants
(If a Date Hold was approved for this event last year, please submit the remainder of balance.)

The minimum fee for City property usage is $150 per day for For-Profit Applicants and $15.00 per day for Non-Profit applicants. Set-up and breakdown days are also subject to this fee assessment. Seaside 10 Mile Run 1. TITLE OF EVENT: ____________________________________________________ No 2. IS THIS A NEW EVENT? ______________________________________________ 10/27/2012, 10/26/2013 and add 10/25/2014 3. DATE(S) OF EVENT: __________________________________________________
5:30 a.m. to 12:00 noon 4. STARTING & ENDING TIMES OF EVENT: _______________________________

5. PROJECTED SET-UP DATE (S) & TIMES: ________________________________ Friday 2 pm _____________________________________________________________________

Page 1 of 9

6. PROJECTED CLEAN-UP DATE (S) & TIMES: ______________________________ ______________________________________________________________________ Sat. 1 pm 7. LOCATION (Describe area in which event shall be contained; be specific as to how much area will be used, etc.): _____________________________________________ _____________________________________________________________________ _____________________________________________________________________ Inlet Parking Lot as in the past _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 8. APPLICANT’S NAME: ________________________________________________
.

Chris Klebe

9. ORGANIZATION REPRESENTING: _____________________________________ _____________________________________________________________________ OC Tri-Running _____________________________________________________________________ 10. MAILING ADDRESS: _________________________________________________ 12280 Dixie Drive, Bishopville, MD 21813 _____________________________________________________________________
443-497-4324 410-352-5478 11. WORK PHONE #_____________________HOME PHONE #__________________ [email protected] FAX: _________________________ E:MAIL: _____________________________

12. IF ORGANIZATION IS NONPROFIT, LIST NONPROFIT CLASSIFICATION AND IDENTIFICATION NUMBER: ____________________________________ _____________________________________________________________________ N/A _____________________________________________________________________ 13. ON-SITE EVENT COORDINATOR: ______________________________________ 14. OCEAN CITY/LOCAL ADDRESS OF COORDINATOR: ____________________ _____________________________________________________________________ Same as above _____________________________________________________________________ 15. COORDINATOR’S CONTACT NUMBERS: 410-352-5478 HOME: ___________________________WORK: ________________________ FAX:_____________________________CELL: __________________________ 443-497-4324 [email protected] E-MAIL ADDRESS: ________________________________________________ OTHER: __________________________________________________________
Chris Klebe

Page 2 of 9

16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: ________ _____________________________________________________________________ _____________________________________________________________________ Please see attached map for details of the 10 mile/5k and 1 mile fun runs _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
*if more space is needed, please attach additional pages to the back of this application

17. WHERE WILL EVENT HEADQUARTERS BE LOCATED? _________________ ____________________________________________________________________ Inlet Parking Lot under tent ____________________________________________________________________ 18. VEHICULAR ACCESS TO THE BEACH IS CONTROLLED. DO YOU No REQUIRE SUCH ACCESS? ______IF SO, WHERE? ________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES, EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT. (Include location, process, etc.): _______________________________________________________________ Same as past set up the tent of Friday before event ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 20. WILL YOU SET UP A JUDGING AREA, P.A. SYSTEM, TENTS, SCAFFOLDING, ETC.? IF SO, PLEASE ILLUSTRATE ON REQUIRED DIAGRAM AND DESCRIBE HERE: _____________________________________ yes ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO EMPLOY: ___________________________________________________________ ____________________________________________________________________ We will be using cones and barricades ____________________________________________________________________ ____________________________________________________________________ Page 3 of 9

22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR CONSIDERATIONS (Be aware that additional charges may be assessed.): ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE? _____ IF SO, WHAT TYPE? _________________________________________________ Yes ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 24. WHAT IS YOUR RAIN POLICY? _______________________________________ ____________________________________________________________________ Rain or shine ____________________________________________________________________ ____________________________________________________________________ 25. WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING OF SOLID WASTES, INCLUDING TRASH, GARBAGE AND RECYCLABLES? ____________________________________________________________________ Yes ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT “COMFORT” (TOILETS, HAND WASHING, ETC.)? ___________________________________ ___________________________________________________________________ We will be using the bath house under the police sub station ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: ___________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES & QUANTITIES): ______________________________________________________ ____________________________________________________________________ None ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

Page 4 of 9

29. WILL REVENUE BE GENERATED FROM PARTICIPANT FEES, CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? _____________ Yes IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________ Worcester Youth and Family ____________________________________________________________________ 30. DESCRIBE EVENT PRIZES/AWARDS: __________________________________ Top 3 in age groups ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
No 31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT? _________________
Please forward a copy of the approved “One Day Alcohol Permit,” to the Private Events Coordinator.

Yes 32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? _________________
Please forward a copy of the approved “Tent Permit,” to the Private Events Coordinator.

33. WILL YOU BE HAVING AIR SUPPORT/AIR-INFLATED STRUCTURES AT yes YOUR EVENT? _________________
Please forward a copy of the approved “Air Support/Air-Inflated Structures Permit,” to the Private Events Coordinator.

No 34. WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? _________________
Please forward a copy of the approved “Bonfire Permit,” to the Private Events Coordinator.

No 35. WILL YOU BE HAVING FIREWORKS AT YOUR EVENT? _________________
Please forward a copy of the approved “Fireworks Permit,” to the Private Events Coordinator.

36. DO YOU EXPECT TO SERVE/SELL/DISTRIBUTE ALCOHOLIC BEVERAGES AT YOUR EVENT? Yes ___________IF SO, PLEASE DESCRIBE INTENT (include beverage type, quantities, drink sizes, location, etc.):__________________________ ____________________________________________________________________ ____________________________________________________________________ Yes the same as in the past under tent in the Inlet Parking Lot ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
Please forward a copy of the approved “One Day Alcohol Permit,” if required, to the Private Events Coordinator.

1,500 37. EXPECTED NUMBER OF PARTICIPANTS: ______________________________ 400 38. EXPECTED NUMBER OF SPECTATORS: ________________________________

Page 5 of 9

39. IF YOUR EVENT TAKES PLACE ON THE BEACH, YOU MUST NOTIFY THE APPROPRIATE BEACH FRANCHISE OWNER OF THE INTENDED EVENT. HAVE YOU DONE SO? _____________WHO DID YOU CONTACT? _________ N/A ____________________________________________________________________ 40. WHAT ASSISTANCE AND SUPPLIES WILL YOU BE REQUESTING FROM TOWN PERSONNEL (Be aware that additional charges may be assessed and applicants must take full responsibility for the protection and security of borrowed/ rented city property): __________________________________________________ ____________________________________________________________________ We are requesting 100 traffic cones, 50 barricades and 1 judges stand ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY yes OBTAINED THIS PERMIT? ___________IF SO, PLEASE ATTACHED A COPY TO THE BACK OF THIS APPLICATION.
If you have not yet obtained this permit, please forward a copy of the approved “Highway Permit,” to the Private Events Coordinator once you receive it.

42. For parade organizers only: EXPECTED NUMBER OF OVERSIZED VEHICLES (LARGER THAN 12 FT TALL, 8 FT WIDE AND/OR 20 FT. LONG) TRAVELING THE PARADE ROUTE: _______________DESCRIBE: __________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 43. LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE (5) YEARS: __________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ OC ½ marathon, 5-mile boardwalk run, pink ribbon cancer run ____________________________________________________________________ ____________________________________________________________________ 44. LIST ALL SPONSORS ASSOCIATED WITH YOUR EVENT: ________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ Page 6 of 9

45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS APPLICATION: _________________________________________________ ____________________________________________________________________ We are requesting PW layout the run course for the Seaside 10 as in the past with traffic ____________________________________________________________________ cones. ____________________________________________________________________ ____________________________________________________________________ . ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 46. PLEASE ATTACH A DETAILED DIAGRAM OF EVENT LAYOUT. MAKE SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM, STAGE, CONCESSIONS, COURTS, BANDS, ETC. X IS DIAGRAM INCLUDED WITH APPLICATION? YES________NO_______
An event layout MUST be included for an event to be considered.

INSURANCE REQUIREMENT: For the protection of the public and the Mayor and City Council, the applicant must obtain, at the applicant’s own expense, occurrence form comprehensive general liability insurance coverage, which insurance coverage shall include coverage for personal injury which said insurance coverall shall be at least in the amount of one million dollars ($1,000,000) single limit. Said insurance coverage shall name the Mayor and City Council as additional insureds, with the address on the certificate listed as 301 Baltimore Avenue, Ocean City, Maryland 21842. A copy of the Insurance Policy Addendum, showing the addition of the Mayor and City Council as additional insured, is also to be provided. The certificate of insurance evidencing such coverage and the addendum shall be furnished to the Special Events Coordinator, Private Events on behalf of the Mayor and City Council by the applicant and be approved by the Town’s Risk Manager before applicant engages in the activity.

INSURANCE CERTIFICATE AND ADDENDUM: ____________INCLUDED WITH APPLICATION _____X____ TO BE OBTAINED AND FORWARDED NO LATER THAN THIRTY (30) DAYS PRIOR TO THE EVENT Page 7 of 9

PEPSI COLA EXCLUSIVE PRODUCT AGREEMENT DISCLOSURE: The applicant must comply with all provisions of the Town’s agreement with the Pepsi Cola Company of Salisbury as it pertains to the distribution or sales of beverages by the applicant on Town property. The applicant agrees to sell, dispense or serve only Pepsi Cola beverages on Town premises for the duration of the permitted use. The applicant is expressly prohibited from using the beverages of other suppliers, said beverages to include soft drinks, juices, sport drinks and bottled waters. The permitted beverages include Pepsi, Diet Pepsi, Sierra Mist, Dr. Pepper, Mountain Dew, Lipton Brisk, Mug Root Beer, Slice, Hawaiian Punch, Gatorade, Dole, Sobe, Aquafina and other products which Pepsi Cola may provide. I have read this disclosure and agree that I will comply with its provisions. APPLICANT’S SIGNATURE____________________________DATE______________
Signature on File 6/27/12

LOCAL ORDINANCE DISCLOSURE AND COMPLIANCE The applicant agrees to comply with the provisions of all applicable ordinances of the Town of Ocean City. Specifically all permitted uses on or within 75 feet of the Boardwalk are required to comply with the provisions of chapter 62 of the Code which expressly prohibits the public sale, rental or exchange for a donation of any goods, wares, merchandise, foodstuffs, refreshments or other commodities or services. I have read this disclosure and will comply with all provisions of the local ordinances including Chapter 62 of the Town Code.
Signature on File 6/27/12 APPLICANT’S SIGNATURE___________________________DATE_______________

HOLD HARMLESS CLAUSE: Permitted (organization/applicant) shall assume all risks incident to or in connection with the permitted activity and shall be solely responsible for damage or injury, of whatever kind or nature, to person or property, directly or indirectly arising out of or in connection with the permitted activity or the conduct of Permitted’s operation. Permitted hereby expressly agrees to defend and save the Town of Ocean City, its officers, agents, employees and representatives harmless from any penalties for violation of any law, ordinance, or regulation affecting its activity and from any and all claims, suits, losses, damages, or injuries directly or indirectly arising out of or in connection with the permitted activity or conduct of its operation or resulting from the negligence or intentional acts or omissions of Permitted or its officers, agent and employees.
6/27/12 Signature on File APPLICANT’S SIGNATURE___________________________DATE_______________

Page 8 of 9

MANDATED CHANGES/CANCELLATION Applicant understands that any event or event date can be changed or canceled at the direction of the Mayor and City Council if the approved event interferes with Public Works project(s) or any other necessary governmental function. Such action may be directed at any time.
Signature on File 6/27/12 APPLICANT’S SIGNATURE___________________________DATE_______________

PRIVATE EVENT APPLICATION COMPLIANCE REQUIREMENT The applicant for a private event permit agrees to follow guidelines provided and submit a complete application including all required submission of materials. The applicant agrees to take full responsibility for all city-owned property, whether borrowed, leased or rented, and understands that necessary replacement and/or repair fees may be assessed should such property be in an unacceptable condition. The applicant agrees to abide by all provisions of the permit granted by the Town and agrees to pay all fees and costs assigned to the permit. The applicant further agrees to comply with all conditions of the use permit, which may be required by the Mayor and City Council of the Town. I have read and will copy with all special event application requirements.
6/27/12 Signature on File APPLICANT’S SIGNATURE___________________________DATE_______________

Page 9 of 9

seaside 10 miler 2011
Starts In Ocean City, Maryland

10.00

miles

 

Description

Page 1 of 1

© MapMyFitness, Inc, All Rights Reserved, 2005-2011   |   View more maps online at: Find this route online at mapmyrun.com/ routes/ view/54962580 Distance values on this map may differ slightly from values reported on the route engine.

Seaside 10 5k 2011
Starts In Ocean City, Maryland

3.10

miles

 

Description

Page 1 of 2

© MapMyFitness, Inc, All Rights Reserved, 2005-2011   |   View more maps online at: Find this route online at mapmyrun.com/ routes/ view/54964298 Distance values on this map may differ slightly from values reported on the route engine.

Seaside 10 5k 2011
Starts In Ocean City, Maryland

Notes

Notes

AT

FOR

NOTES

AT

FOR

NOTES

This segment shows 1.59 mi. (8,373 ft.) of your route.

3.12 mi.
This segment shows 1.56 mi. (8,239 ft.) of your route.

Page 2 of 2

© MapMyFitness, Inc, All Rights Reserved, 2005-2011   |   View more maps online at: Find this route online at mapmyrun.com/ routes/ view/54964298 Distance values on this map may differ slightly from values reported on the route engine.

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, AUGUST 20, 2012 10 – REPORTS AND RECOMMENDATIONS FROM THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Conditional Use Request to Permit Expansion of Existing Electrical Substation Located on Sinepuxent and Derrickson Avenues between 137th and 138th Street Applicant: Delmarva Power and Light Company

TOWN OF

The White Marlin Capital of the World
Agenda Item # Council Meeting 10 August 20, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager R. Blaine Smith, Zoning Administrator DP&L Conditional Use Request August 14, 2012 Conditional Use request to expand the existing substation between 138th and 139th Streets in Caine Woods Delmarva Power and Light is requesting approval of a Conditional Use to expand the existing substation in Caine Woods between 137th and 138th Streets. No fiscal impact to the Town. The Planning Commission held a public hearing on August 7, 2012, and recommends approval of the Conditional Use request. The complete record, including the transcript, Finding of Fact and all exhibits, is included in the agenda packet. Amendment of conditions or denial of request Blaine Smith, Zoning Administrator Jesse Houston, Planning & Community Development Director Kay Stroud, Zoning Analyst Terry McGean, City Engineer 1) 2) 3) 4) Recommendation Finding of Fact Transcript of public hearing Exhibits

ISSUE(S):

SUMMARY:

FISCAL IMPACT: RECOMMENDATION:

ALTERNATIVES: RESPONSIBLE STAFF:

COORDINATED WITH: ATTACHMENT(S):

ATTACHMENTS

1 2 3 4 5 6 7 8
9

Planning Commission recommendation Finding of Fact Application legal advertisement mailings posting Preliminary site plan Conditional Use provisions Zoning map Zoning regulations Ord 2011 30 Prior zoning approval Comprehensive Plan reference Scientific background

Terry McGean memo s 10 Applicant power point presentation s

11 Expert witness credentials Applicant sound study analysis s
12 Applicant EMF analysis s 13 Photographs 14 Opposition Exhibits

ATTACHMENT 1

i

Reply to Planning and Zoning Commission
O P Box 158

Ocean City MD 21843
410 2898855

CERTIFIED MAIL

RETURN RECEIPT REQUESTED

August 9 2012

Delmarva Power o C Mr Neil Baker

Light Company

2530 N Salisbury Blvd
P O Box 1739

Salisbury MD 218021739
Dear Mr Baker

Re Pursuant to the provisions of Article 11 Division 5 Section 110121 et seq Conditional Uses a request has been filed under the provisions of Section 110304 2
Uses permitted by Conditional Use in the R2A Low Density Multiple Family Residential District to permit expansion of existing electrical substation The site of the request is described as Lots 1A and 1 B as shown on a Plat entitled Resubdivision Lot 1 Block 110 Fenwick Plat No 4 recorded in Plat Book R No 153 page 75 and Lots O H 2A and 213 as shown on a Plat entitled Resubdivision Lot 2 Block 150 Fenwick Plat and recorded among the Plat Records in Plat Book 190 Page 60 Parcels 2623A and 2624A Map 118 further described as located on Sinepuxent and Derrickson

Avenues between 137 and 138 Street in the Town of Ocean City Maryland
FILE 1212100002

On Tuesday August 7 2012 the Planning and Zoning Commission of Ocean City Maryland conducted a public hearing to consider the above referenced request The Commission considered all testimony and exhibits and voted unanimously 40 to send the Mayor and City Council a favorable recommendation for approval of the above described Conditional Use application By copy of this letter the Mayor and City Council will be notified of the s Commission recommendation You are now scheduled to appear before a regular session of the Mayor and City Council at 6 PM Monday August 20 2012 in the Council

Chambers of City Hall located at 3 Street and Baltimore Avenue in the Town of Ocean
City Maryland Please be advised
that the Council will make their decision at that time

Delmarva Power Light Company o C Mr Neil Baker

2530 N Salisbury Blvd
P O Box 1739

Salisbury MD 218021739 Page Two

If we may be of any assistance to you in the meantime please contact the office of Planning and Community Development at 410 2898855
Sincerely Planning and Zoning Commission

Pam Greer Buckley Chairperson

ks

cc David Recor City Manager Mayor and City Council
Guy R Ayres III City Solicitor All Planning Commission Members William E Esham III Attorney for Commission Jesse C Houston DirectorPlanning Development

Vincent De Paul Gisriel Jr 14008 Sailing Road Ocean City MD 21842

Donna Moulton 206138 Street Ocean City MD 21842 Richard Hansen 201 139 Street Ocean City MD 21842 Bruce R Davis 301 138 Street Ocean City MD 21842
Complete list of adjacent property owners
File 12 12100002

Correspondence

12

FINDING OF FACT

12 12100002 CONDITIONAL USE FOR EXPANSION OF EXISTING ELECTRICAL

SUBSTATION IN THE R2 LOW DENSITY MULTI FAMILY RESIDENTIAL DISTRICT
LOCATED BETWEEN SINEPUXENT DERRICKSON AVENUES AND 137 STREETS
DELMARVA POWER

138

LIGHT COMPANY APPLICANT

AUGUST 7 2012

Upon a motion made by Lauren Taylor seconded by Peck Miller and carried by
a

vote of four 4 to

zero

0

Tom Singman Chris Shanahan and Joel Brous absent the

Planning and Zoning Commission hereby gives a favorable recommendation for the
expansion of an existing electrical substation The site of the request is described as
Lots 1A and 1 B as shown on a Plat entitled Resubdivision Lot 1 Block 110 Fenwick

Plat No 4 recorded in Plat Book R No 153 page 75 and Lots 2A and 2B as O H
shown on a Plat entitled Resubdivision Lot 2 Block 150 Fenwick Plat and recorded

among the Plat Records in Plat Book 190 Page 60 Parcels 2623A and 2624A Map

118 further described as located on Sinepuxent and Derrickson Avenues between 137
and 138 Street in the Town of Ocean City Maryland
1 Population Change

Existing and proposed population is anticipated to remain the same based on the original Fenwick Subdivision Plat and the R1 and R2 A zoning designations which indicate that adjacent lots in the neighborhood would remain a single family

neighborhood However the properties to the east zoned LC 1 Local Commercial have been built out as commercial use including the miniature golf course the Elks
Lodge
the

Bayside Shop A Rama

and the Fenwick Inn

2 Availability of Public Facilities There are adequate public facilities available to the site The purpose of this request is to provide new equipment and to improve electric transmission reliability for

the northern portion of Ocean City and lower Sussex County Delaware Delmarva
Power

Light DP L determined in 1974 that this substation was necessary to provide
sector of town

adequate electric for this

testimony was received that

PJM

Interconnection has provided DPL with specific criteria that utilities need to follow to ensure reliability of electric transmission and sustainable voltage

Terry McGean City Engineer concurs that this area is susceptible to various problems associated with the electric transmission system such as voltage fluctuations
brownouts and blackouts as experienced in 1999 with a series of rolling brownouts and

blackouts caused by the increasing higher demand loads which require improvements to the transmission system He stated that voltage swings have been an issue in Ocean City and have affected equipment in both the Convention Center and the wastewater
plant

3 Present and Future Transportation Patterns No anticipated changes to existing transportation patterns Two new 20

entrance gates one on 137 Street and one on 138 Street will serve the proposed
expansion of the substation

4 Compatibility with Existing and Proposed Development for the Area

In 1974 the original electric substation was established by Conditional Use and

put into operation to provide electric service to the northern sector of Ocean City
The existing neighborhood consists of the Town water treatment plant PG
zoning overlay
Public Governmental over R 2A
on

the south side of

137th

Street 70 rightofway Old Pro IndoorOutdoor Golf the Elks Lodge and the
Fenwick Inn on the east side of Sinepuxent Avenue zoned LC 1 60 rightof

way a townhouse project and several single family residences are located on

the north side of 138 Street 70 rightofway across from the existing and
proposed electric substation and several single family residences are located on
the west side of Derrickson Avenue 50 rightofway across from the existing
substation as shown on the Fenwick Plat as revised 1965

The proposal is to provide a 15 high solid decorative wall and gates setback 10
from all lot lines that will

provide

certain functional benefits

visual sound

reduction security and environmental The site will be landscaped and
maintained within the 10 setback area to enhance the visual appearance along

all street fronts All proposed development is subject to final site plan approval
by
the

Planning

Zoning Commission

All lighting will be directed to the interior in accordance with the light ordinance
The Control house 13 building height and the SVC equipment has been

arranged to minimize its impact on adjacent residential property The design of
the equipment is to keep it as close to the ground as possible while still
maintaining safety
and

reliability

clearance criteria

low profile and low sound

Dr Bailey testified and exhibits were submitted by DPL indicating that the

Electric and Magnetic Field EMF measurements will be maintained within the required standards recommended by the International Commission on Non

Ionizing Radiation Protection and the Institute of Electrical and Electronics
Engineers
International Committee
on

Electromagnetic Safety

5 Relationship to the Comprehensive Plan

The subject property is zoned R2A LowDensity Residential which allows public utility structure as a Conditional Use The requested use is necessary to provide adequate public utility service for the existing and projected town population The s Town goal is to provide continued maintenance and expansion of necessary community facilities for a complete and efficient system to ensure the health safety and
welfare of residents and visitors and the economic prosperity of the community

Therefore by virtue of the requirements of Section 110122 of the Code of Ocean City Maryland the above findings require the Planning and Zoning Commission
to recommend approval for the expansion of the existing electrical substation as a
Conditional Use

Pam G Buckley Chairperson

Peck Miller

Lauren Taylor

John

Staley

ATTACHMENT

e

I

CONDITIONAL USEISUBDIVISION VARIANCE APPLICATION FORM
PLANNING AND ZONING COMMISSION OCEAN CITY MARYLAND
DATE

ZI

Z

FILE NO 0 1 Zi 00002

APPLICANT Delmarva Power 8
a

Corporation

or

e State or Del arm woe aware

Wght Comoany

RECEIPT NO

ZI 1 3

Commonwealth of Viminis
MAILING ADDRESS do Neil Baker

z0au N balisDury Blvd P Box I 7 D
Salisburv MD 21802 1739

TELEPHONE 410860 6570

PURPOSE OF APPLICATION CHECK ONE
CONDITIONAL USE XX

VARIANCE FOR SUBDIVISION REGULATIONS
APPLICATION DESCRIPTION Reauest a conditional use oursuant to Sac 121 et sea to allow for an electrical suhe 110 w n ti tn

expansion into an R2A zone pursuant to Ordinance 2011 30 pursuant to Section 110304 2

PROPERTY DESCRIPTION MUST BE ACCURATE INCLUDING LOT AND BLOCK AND DESIGNATION IF ANY
ts Lo 1A and Is as shown on a Plat entitled Resubdivislon Lot i Block 110 Fenwiek Plat No 4 rec In orded
Plat Book R 1S3 oa 75 and Lots 2A and 2B as shown on a plat entitled Resubdivision Plat O H 2

Lot 2 Black 150 Fenwick MO Plat and recorded amore the Plat Records In Plat Book 190 Page to
Parcels located on Mao 118 Parcels 2623A and 2624A
Account Nos 10368723 10 168996 10169003 10 439566

Planning and Zoning Commission

Before a public hearing can be scheduled the following must be submitted to the

1 Descriptive site plan of land parcel subject of the application indicating all aspects of the site that are pertinent to the hearing 8 sets of plans to be submitted with
application

2 Filing fee in the amount of 450 payable to the Mayor and Council of 00 Ocean City pursuant to Section 110 of the Code of Ocean City Maryland 53
3 Properly completed application form including signatures and notarization if
required

r

This application form to be submitted to the Planning and Zoning Commission must
contain the following information

a If the applicant is a corporation the names and residences of the officers directors and all stockholders owning more than 20 of the capital stock of the corporation
Please see Exhibit to Application

b If the property owner is a corporation the names and residences of the officers directors and all stockholders owning more than 20 of the capital stock of the corporation

c If the applicant is a partnership whether a general or limited partnership the names and residences of all general partners and all partners who own more than 20
of the interest in the partnership

d If the property owner is a partnership whether a general or limited partnership the names and residences of all general partners and all partners who own more than
20 of the interest in the partnership

e If the applicant is an individual his name and residence

f if the property owner is an Individual his name and residence

g If the applicant is a joint venture unincorporated association real estate Investment trust or other business trust the names and residences of all persons

holding an interest of more than 20 In the joint venture unincorporated association
real estate Investment trust
or

other business trust

h If the property owner is a joint venture unincorporated association real estate investment trust or other business trust the names and residences of all persons

holding an interest of more then 20 in the joint venture unincorporated association
real estate investment trust or other business trust

Me hereby make the above application and by signing below applicant represents that he has properly completed the application form and that he assumes all
responsibility for errors contained herein
Notarization of signature of Applicant and Prope the presence of the Zoning Administrator

Owner Is required unless signed in
V

Da d M Ve
President
rp

C O

Subscribed and

sworn

before

me

this

da

20 1z

NOTARY PUBLIC
SEAL

My Commis Expires n i

David M Velazq
President 8 MO
Subscribed and
sworn

before

me

this

5 1

da

eea e

20 cz

NOTARY PUBLIC
SEAL

My

Commis

ot

If

a

Corporation the President of the Corporation must sign

i

EXHIBIT TO APPLICATION

Delmarva Power

Liebt Comoanv

Type of Business Combination gas and electric utility FERC public utility
Stockholder Conectiv LLC 100 wholly owned

Registered Mailing Address Mailstop 92DC42 500 N Wakefield Drive Newark DE 197025440
Directo

Joseph M Rigby Kirk J Emge David M Velazquez

Chairman

Officer

Joseph M Rigby
David M

Chairman

Velazquez

President and CEO Senior Vice President and CFO Senior Vice President and General Counsel
Senior Vice President

Anthony J Kamerick
Kirk J Emge William M Gausman
Michael J Sullivan Ronald K Clark

Senior Vice President
Vice President Controller

Kevin M McGowan Michael W Maxwell
Hallie M Reese

Vice President Vice President
Vice President

Treasurer

Gary

R

Stockbridge

Vice President Vice President Assistant Treasurer

J Mack Wathen
Jane K Storero

Assistant Secretary

Secretary
Assistant Treasurer
Assistant Treasurer Assistant Treasurer

Donna J Kinzel Patrick J Nisco

Assistant Secretary
Assistant Secretary

Jeffery E Snyder
Charlene Anderson

Assistant

Secretary

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Reply

To

Planning
Ocean

and

Zoning

Commission
21843

O P

OCEANNCITY
118430158

P O Box 158

City Maryland

oceancltyndgov www
MAYOR
RICHARD W MEEHAN

Phone Fax

410289 8855 410289 8705

CERTIFIED MAIL RETURN RECEIPT Delmarva Power

CITY COUNCIL MEMBERS

REQUESTED

JAMES S HALL President
LLOYD MARTIN

Light Company

o C Mr Neil Baker
2530 N

secretary
BRENT ASHLEY
DOUGLAS S CYMEK
JOE

Salisbury Blvd
MD 218802 1739

P O Box 1739

Salisbury

MARYP KNIGHT
MARGARET PILLAS RICHARD W MEEHAN

Dear Mr Baker
Re Pursuant to the

provisions

of Article

II Division 5 Section 110 121

et seq

2 request has been filed under the provisions of Section 110 304 Uses permitted the R 2A Low Density Multiple Family Residential District to permit expansion of existing electrical

Conditional Uses a by Conditional Use in

Interim City Manager
KELLY L ALLMOND CMC

yCierk C

substation The site of the request is described as Lots lA and IB as shown on a Plat entitled Resub
division Lot 1 Block 110 Fenwick Plat No 4 recorded in Plat Book R No 153 page 75 and Lots O H 2A and 2B as shown on a Plat entitled Resubdivision Lot 2 Block 150 Fenwick Plat and recorded among the Plat Records in Plat Book 190 Page 60 Parcels 2623A and 2624A Map 118 further described as located on Sinepuxent and Derrickson

Avenues between 137 and 138 Street in the Town of Ocean City Maryland FILE 12 12100002
This is to advise you that the Planning and Zoning Commission will conduct a public hearing on Tuesday March 20 2012 at 7 PM in the Council Chambers of City Hall located at Third Street and Baltimore Avenue in the Town of Ocean City 15

Maryland At that time the Commission appointed to be the hearing examiners for the Mayor and City Council will consider
the above referenced request

Subsequent to the public hearing the Commission will notify you as to their recommendation that will be forwarded to the Mayor and City Council concerning your request
Sincerely Planning and Zoning Commission
cc

Mayor and City Council All Planning and Zoning Commission Members William E Esham III Attorney for Commission Jesse C Houston Director Planning Development
File 12 12100002

AA

Ocean City MD

III
2001

Ma

r

16

2012 11 11AM

No 1993

P

1

LAW OFFICES

WILLIAMS MOORE SHOCKLEY t3 HARRISON L P
UNIT 2

1044LWETRACK ROAD

BERLIN MARYLAND 21811
MARCUS

1 WILLIAMS
MOORE

192344

lOSF3H
JOSUR

P

RAYMOND C SHOCKLEY G AARRTSON RICHARD COLLINS REGAN pt S1 1ITH

4101841 8080 TELEFAX 410 8418282
MAILING ADDRESS F 0 BOX 1530

MAIN OFFICE
3509 COASTAL HIGHWAY

OCEAN CITY MD 21842
0W3 2aQ 410

L

TELEFA410 4157 289
MAILING ADDRESS
3509 COASTAL HWY
OCEAN CITY AID 21842

CHRISTOPHER Z WOODLEY

BERLIN MARYLAND 21811

WILLIAM H CATHELL MATTHEW L COOKSON

OF COVNSEL

EDWARD H HAMMOND JR

March 16 2012

Pam Buckley Chairman Ocean City Planning Commission Attn Kay Stroud
Town of Ocean City
301 Baltimore Avenue

Ocean City MD 21811
Re Delmarva Power

Dear Ms Buckley

Delmarva Power is asking for a delay in the hearing on its conditional use with the Town of

Ocean City Final electrical design work on the proposed Static Var Compensator at 138 Street
has taken longer than anticipated When the electrical design work is finalized Delmarva Power will seek a future date to appear before the ocean City Planning Commission and will provide finalized design materials along with accompanying studies on sound and electric and magnetic
fields

Sincerely

egan J Smith R psm RJRS

te r
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UPSDAM T A Tf LTST FZOI2

provisions Pursuant ofATale

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filed under tai pro Section isions
11Q

Conditiozxal Uses a request hasbeen

2 04

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TOWN OF

OCEAN CITY
The White Marlin Capital of the World
MAYOR CITY COUNCIL O P BOX 158

OCEAN CPTY

Reply

To

Planning and Zoning

Commission

MARYLAND 21843 0158

P O Box 158 Ocean City Maryland 21843
Phone 410289 8855 Fax 410289 8703

gov d oceanci www
MAYOR RICHARD W MEEHAN

CITY COUNCIL MEMBERS

CERTIFIED MAIL

LAMES JAMES

S HALL

RETURN RECEIPT REQUESTED Delmarva Power Light Company o C Mr Neil Baker 2530 N Salisbury Boulevard P O Box 1739

LLOYD MARTIN
swmlary

DOUGsCYMEK
JOSEPH T HALL H

M LAS

Salisbury MD 218021739
Dear Mr Baker

Re Pursuant to the provisions of Article II Division 5 Section 110121 et seq Conditional Uses a request has been filed under the provisions of Section 110 2 304 Uses permitted by Conditional Use in the R2A Low Density Multiple Family Residential District to permit expansion of existing electrical substation The site of the request is described as Lots 1 A and 1 B as shown on a Plat entitled Resubdivision Lot 1 Block 110 Fenwick Plat No 4 recorded in Plat Book R O H No 153 page 75 and Lots 2A and 2B as shown on a Plat entitled Resubdivision Lot 2 Block 150 Fenwick Plat and recorded among the Plat Records in Plat Book

190 Page 60 Parcels 2623A and 2624A Map 118 further described as located on

Sinepuxent and Derrickson Avenues between 137 and 138 Street in
the Town of Ocean City Maryland FILE 1212100002

This is to advise you that the Planning and Zoning Commission will conduct a public

hearing on Tuesday August 7 2012 at 7 PM in the Council Chambers of City Hall located 00
at Third Street and Baltimore Avenue in the Town of Ocean City Maryland At that time the

Commission appointed to be the hearing examiners for the Mayor and City Council will
consider the above referenced request

Subsequent to the public hearing the Commission will notify you as to their
recommendation that will be forwarded to the Mayor and City Council concerning your
request

Sincerely Planning and Zoning
cc

David Recor City Manager Mayor and City Council

r TZv

cxc

All Planning and Zoning Commission Members
William E Esham III Attorney for Commission
Jesse C Houston DirectorP Z

f Commissio c

Ocean City MD
hVIVIA

AFATM10 1

II I

TOWN OF

1 C TTY
The White Marlin Capital ofthe World
MAYOR CITY COUNCIL
MARYLAND

Planning and Zoning Commission
O P Box 158

O P BOX 158
OCEAN

58

Ocean City MD 218430158
Phone 410 289 8855

oceancttymdgov www
MAYOR RICHARD W MEEHAN

Fax

410 289 8705

j

CITY COUNCIL MEMBERS
JAMES S HALL President LLOYD MARTIN

Secretary

NOTICE TO AFFECTED PROPERTY OWNERS

BRENT ASHLEY
DOUGLAS S CYMEK JOE HALL MARY P KNIGHT

MARGARET PILLAS

The attached information concerning a public hearing to be held before the Planning and
Zoning Commission of the Town of Ocean City Maryland is being forwarded to you in order to inform you of a potential land use decision that may affect your property Should you have concerns or questions regarding the request we encourage you to attend the meeting Written comments received are entered into the record but are only taken into advise
RICHARD W MEEHAN

Interim Cay Manager
KELLY L ALLMOND CMC

Cit Clerk

ment as you have not heard the presentation or been available for questions by the Commission or the Applicant If you have any questions concerning this matter please do not hesitate to contact this office at 410 2898855 Prior to attending this meeting we would suggest that you contact our office the day of the
hearing to verify the hearing schedule

ks

PUBLIC HEARING INFORMATION ON REVERSE SIDE FOR YOUR REVIEW

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MERKLE THOMAS A AIMEE F MERKLE 6202 MALLARD LANDING CT

MOWELL WILLIAM S MARY JANE MAYO GEORGE MAYO 1311 GLENCOE RD
SPARKS MD 21152

FEDERAL NATIONAL MORTGAGE ASSO
PO BOX 650043 DALLAS TX 75265

LOTHIAN MD 20711

MOULTON DONNA MARY HAYES 206 138TH ST OCEAN CITY MD 21842

138TH ST PARTNERS 151 GREENVIEW DR LANCASTER PA 17601

DAVIS BRUCE R LOUISA W DAVIS 301 138TH ST OCEAN CITY MD 21842

I

BILLINGS DANIEL PHYLLIS BILLINGS 3013 SANDY HOOK RD BEL AIR MD 21015

JANICE R CORTINA JACK D CORTINA FOR LIFE 645 210TH ST PASADENA MD 21122

LULA ROBERT C SR MARYANN P 306 138TH ST OCEAN CITY MD 21842

BENEDETTI SALVATORE V MARIA P 4112 HAVARD ST SILVER SPRING MD 20906

IRENE A HANSEN RICHARD L 201 139TH ST OCEAN CITY MD 21842

DOLIVKA JEROME F

FOR LIFE 1613 CHESACO AVE
BALTIMORE MD 21237

STARKLOFF WILLIAM BERTHOLD III VERONICA ANNE CUTLER
205 139TH ST

OC PARTNERS 7125 FRUITVILLE RD 1360 SAROSOTA FL 34240

PYLE JAMES N KANDACE CARTER PYLE 14022 BLENHEIM RD N PHOENIX MD 21131

OCEAN CITY MD 21842

KATHY ZALATIMO SAM 305 139TH ST OCEAN CITY MD 21842

MAHASSEL EDWARD A 307139TH ST OCEAN CITY MD 21842

ANN

WEBSTER MARY JANE B LEONARD L JOHNSON 303138TH ST OCEAN CITY MD 21842

DASHIELL LYNDA L 304 S BAY DR OCEAN CITY MD 21842

RAIGN STEPHEN A ELAINE W 1403 RIVER RD WILMINGTON DE 19809

TLASEK SARAH L

305 S BAY DR APT B
OCEAN CITY MD 21842

DEBORAH J REDA JAMES A 1524 NATIONAL RD BALTIMORE MD 21237

CONNOR O RICHARD L 9 WILLIAM STREET PITTSBURGH PA 15229

BARBARA A

MATHE DAVID L MARGARET L MATHE 1316 N HARVARD AVE ARLINGTON HEIGHTS IL 60004

LANDERS DEAN M PATRICIA MILAN LANDERS 11415 NOTCHCLIFF RD

OLD PRO GOLF INC 6801 COASTAL HWY OCEAN CITY MD 21842

GLEN ARM MD 21057

FENWICK INN LLLP 10211 N 32ND ST STE G PHOENIX AZ 85028

MATYIKO JERRY B PO BOX 447 SHARPTOWN MD 21861

MATYIKO JOAN J PO BOX 447 SHARPTOWN MD 21861

HELEN L STEFANOU REVOCABLE TRU
10205 GAINSBOROUGH RD POTOMAC MD 20854

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FADROWSKI MATTHEW J KELLY S FADROWSKI

ANNAPOLIS MD 21403

13352 HUNT ROG
ELLICOTT CITY MD 21042

AMOS GEORGE H HELEN M AMOS 3616 GRIER NURSERY RD STREET MD 21154

MARY C MCCREA RICHARD E ELLSWORTH E JEAN Y MCCREA O C ELLSWORTH MCCREA 14021 BUCHANAN TRL E WAYNESBORO PA 17268

GALLO VINCENZO LINDA 67 RAWLINSON RD ROCHESTER NY 14617

GRUZINSKI JOSEPH A 1805 PRINCE CT LIMERICK PA 19468

BROOKS RONALD W

JACQUELINE L BROOKS 136 RAVENSWOOD COURT
JOPPA MD 21085

COFFMAN LAWRENCE M 4617 VALLEY FORGE DR
ROCKVILLE MD 20853

MARY A

STANZIOLA GERALD RALPH DONNAMARIE M 1508 CONCORD CT QUAKERTOWN PA 18951

GALVIN ROGER W

NANCY L

24965 BACK CREEK DR ST MICHAELS MD 21663

REEDY ROGER L CHERYL L 10326 MAR ROCK DR HAGERSTOWN MD 21740

BOLLAS ANGELA R CORBIN
ROBERT NOLL

CEDAR BEACH I
O C AUGUSTU FRANCIS
1238 PRINCE STREET

DELMARVA POWER CO

LIGHT

O C ANGELA R CORBIN 403 FOUNTAIN ROAD OCEAN CITY MD 21842

PO BOX 231
WILMINGTON DE 19899

DUNKIRK MD 20754

MILLS THOMAS 0

KRISTEN MILLS

YAWORNICKY THEODORE

KELLY JOSEPH V JR

11146 INNSBROOK WAY IJAMSVILLE MD 21754

GERTRUDE 7109 LAYTON DR SPRINGFIELD VA 22150

HELEN F KELLY FOR LIFE 307 CORNWALL ST BALTIMORE MD 21224

CEDAR BEACH II O C J P LITCHFIELD 1534 CEDARHURST ROAD SHADY SIDE MD 20764

BAYSIDE PLAZA CONDOMINIUM 7 136 STREET O C JAMES FLAIG OCEAN CITY MD 21842

BAYSIDE PLAZA CONDOMINIUM O C PIRAEUS REALTY
215B OHIO AVENUE

SALISBURY MD 21801

BROWN COW LLC OWN A SPRAY ROAD

TEMPEST CONDOMINIUM O C KERMIT GABLE 118 ASLEY COURT LANSDALE PA 19446

DENNIS DARE
14139 SEA CAPTAIN ROAD

OCEAN CITY

OCEAN CITY MD 21842

CEDAR SANDS CONDOMINIUM O C KRISTINA L WENGER 311A SOUTH BAY DRIVE OCEAN CITY MD 21842

SANAD INC

SAUERS RICHARD
PATRICIA P 9012 LENNINGS LANE

12008 TURTLE MILL ROAD BISHOPVILLE MD 21813

BALTIMORE MD 21237

TOSTI MARK A 8305 BON AIR ROAD BALTIMORE MD 21234

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P O BOX 214 BRIGANTINE NJ 08203

BRILLIANT TITLE CORPORATION 1610 WEST STSTE 205
ANNAPOLIS MD 21401

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ZANNINO JOSEPH N III
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OCEAN CITY LODGE NO 2645 BPOE 13708 SINEPUXENT AVE OCEAN CITY MD 21842

SINEPUXENT LLC 233 SOUTH OCEAN DRIVE OCEAN CITY MD 21842

ADAMOPOULOS STELLA
TRUSTEE 215 B OHIO AVENUE SALISBURY MD 21801

YUE JIN WU DONG JOAN LONG 13727 COASTAL HIGHWAY

OCEAN OCEA N CITY MD 21842

WALTER HOWARD G JR TERESA WALTER
1421 SOUTH CLAVARY ROAD

ABINGDON MD 21009

TOLLIVER JEFFERY K 1566 CROFTON PARKWAY CROFTON MD 21114

YATES JANE P 300136 STREET UNIT C OCEAN CITY MD 21842

ROSENBLATT THOMAS M 6013 NEILWOOD DRIVE ROCKVILLE MD 20852

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CERTIFICATE OF SIGN POSTING

This is to certify that on this date a sign specifying the date time place and nature of a
public hearing
to be conducted

by

the

Planning

Zoning Commission for the Town of

Ocean City Maryland has been posted conspicuously on property described as Lots 1A
and 1B as shown on a Plat entitled Resubdivision Lot 1 Block 110 Fenwick Plat No 4

recorded in Plat Book R No 153 page 75 and Lots 2A and 213 as shown on a Plat O H
entitled Resubdivision Lot 2 Block 150 Fenwick Plat and recorded among the Plat

Records in Plat Book 190 Page 60 Parcels 2623A and 2624A Map 118 further

described as located on Sinepuxent and Derrickson Avenues between 137 and 138
Streets in the Town of Ocean City Maryland

Postecrby

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CERTIFICATE OF SIGN POSTING

This is to certify that on this date a sign specifying the date time place and nature of a
public hearing
to be conducted

by

the

Planning

Zoning Commission for the Town of

Ocean City Maryland has been posted conspicuously on property described as Lots 1A
and 1B as shown on a Plat entitled Resubdivision Lot 1 Block 110 Fenwick Plat No 4

recorded in Plat Book R No 153 page 75 and Lots 2A and 2B as shown on a Plat O H
entitled Resubdivision Lot 2 Block 150 Fenwick Plat and recorded among the Plat Records in Plat Book 190 Page 60 Parcels 2623A and 2624A Map 118 further

described as located on Sinepuxent and Derrickson Avenues between 137 and 138
Streets in the Town of Ocean City Maryland

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CERTIFICATE OF SIGN POSTING

This is to certify that on this date a sign specifying the date time place and nature of a
public hearing
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Zoning Commission for the Town of

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ATTACHMENT 4

s

1 0

8

OCEAN CrrY CODE
od Period

variance nr special exaePtioa was granted

or

ng the if spacify some longer

than one year for good balase shown Once aspecial exception or variance has expired the
provisions of these rgulations ere dber aluffia govern
Ord No 1093 4 11 3 1 1 5 6 19

Sec 11099 fiend mmtrofspecial variance excepticm

a change of conditions attached to an approvs 4hali be Fheas f ew itq otIr1 Hoafinn
except that Minor

Vecigi oramenAment Thevocedure of as apprOV4ed

tiuhory

otamagpXvea i4te n mpavjp Pr W e a s A boa
AWD

tar rbga medUbg aft wxIitea reports by the RdU4Z istratssr at The ameadmeats aiammor er
40 1 37 A

and Au ikat aegiite a hea4Ug p4Mc
Seo IM1 Appen s to DD comts

Appeals toeotedi xiie sfmmadecisiftoftheboardmaybel maaner bedbylaw preser
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daicce ptagammid hwdi

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i

ZONING

110 122

in accordance with article II division 7 on the proposed conditional use and shall review the

application and all relevant data

to the

ng i ann Pl Commission who shall hold a public hearing

mendation and report to the Mayor and Council The Planning Commission may make
reasonable additional requirements including but not limited to any of the following
1
2

site plan for compliance with the requirements of this chapter before submitting its recom
Utilities
Drainage

3 No outside signs or advertising structures except professional or directional signs
4 Limitation of signs as to size type color location or ill
5 Amount direction and location of outdoor lighting 6 Amount and location of Affstreet larking and loading spaces
7 eaning Cl or painting

8

Gable roofer othertype

9

Construction and materials

10 Connection or disconnection with other buildings
11 Exits or entrances doors and windows

12 Paving shrubbery and landsca or ornamental or scree fences walls or
hedges

P Time of 47 or night for operation of use
14 No storefronts
15 lfi

ogt of or elim adtiop 4m9 r dlaet gas noise on ui Caused by opalations ratipn
a

atraT trctiages

17 Curb cuts and traffic control

18 Height of buildings and of buildings setback
19 Such other conditions as are necessary

il Maenad CtSun s7iall make 01i ta 611owiug

b After receiving the report and recommendation from the Planning Commission the
oi diags net in eachtjjdofic i3lctri baitYiot 1 diffg mited

00 Population c liange
2 Availability of public facilities 3 Present and future transportation patterns

4 Compatibility with existing and proposed development for the area
5 The recommendation of the Planning Commission

6 The relationship of such proposed conditional use to the comprehensive Plan
8upp No
5

37 CD110

r

110 122

OCEAN CITY CODE

c The Mayor and Council may impose such conditions and restrictions upon the estab
lishment location construction maintenance and operation thereof es deemed necessary to

reduce or Toinimi e any effect of such use upon other properties in the neighborhood and to secure compliance with the standards and requirements specified in this chapter The Mayor
and Council may require such evidence and guarantees as it deerp4 to ensure necessary

compliance with conditions imposed in connection therewith Failure to comply with such
conditions and restrictions imposed shall constitute a violation of this chapter

Tjnlessother vise in dais division or specified p4 a condition the sgeezfiy height limits yard spaces lot area and sign requirements shaIl lie t same as for other uses
in the district in which the conditional rise is loeated
plgn e Following approval by the MkYpr Arid Council a fill site sW be prepared in iis tl I el c bogs o h yogi gda vri aa t ie iegiSiTemi is with the sp compliance
Z

chapter and applicable laws regulations and ordinances and kd inn the reebrifb of iffie
department Permits shall be issued in accordance with the approved site plan
Ord No 1993 1

10534 1191993 2

Sec 110123 Acceptance of

use 4id conclf

plsfi a

g such ouncilby apghcaat regYte approved by wri agreemeat Eo re Mayor a tiuncxl b I the Ma has been app E use within 90 days ales such 1gse conditional Yor by
as

Anp conditional use apprPved thg Mayor and CouAdI must be unconditionally eceE v b Che and

t

the applicant ie s person other the the propei YiiWi Ey

s owner I2gal representative shall cosign the acceptance agreement F p Ncep AM 4x a
writing e coasid
as

herein
a

provided

any such use

so

e approved by t

sajectiuYv aZCd b the app icaaat abandorunmt

e

and

Gax 6e eil

stiff c

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tik

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Sec i1042 Pi LIjlk

5 1 bdrikx2

7100s he accts 606e seil age Cw U v t rt k 1eF tTr CT y a i
h

yG Li aka

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J YFd s f aat3 y fd

i

Pk
A

1g Co ssiorn hereby designaW the nm ll as hesriag oxabifif pi 09004
quorum of
four members of said Pl Commissioa shall arming

publie hearings asrequired by the provisions o Ann Cade of1V1d art GsX d gn
Iii
sn

t g oltuag r

s

hearings required under this chapter and a majorityvote td Ylb ofirs6l softliecti migbibn
shallbe require a favorable recommendation for any changesnxeadment or supplement for i
to this chapter

b Unless otherwise expressly provided by law all notices to the general publiarequired by

the terms of chapter shall be in accordance with article IL division 7 this
Supp
No 5

38 CI1110

ZONING
AMM

110 140

1

an advertisement for a public hearing in connection with said application has been published
scheduled

c Whenever an applicant for a conditional use cancels or withdraws his application after

any resched for a public hearing on said application or reapplication for the same

conditional use shall be more than four months after the original public hearing was

d Whenever an application requesting a conditional use has been denied by the May 0r and Council such application or one substantially similar shall not be reconsidered sooner
than one year after the previous denial Ord No 19931 10634 1191993 4
See 110125 Lapse of conditional use

approved shall lapse after the expiration of one year if no substantial construction or change of use has taken place in accordance with the plans for which such conditional use was approved or if the Mayor and Council does not specify some longer period than one year for good cause shown Once a conditional use has expired the provisions ofthese regulations shall
thereafter govern

After the Mayor and Council have approved a conditional use the conditional use so

Ord No 19931

10534 1191993 5

Sec 110126 Abandonment of conditional use

t

removed such use so approved shall be considered abandoned and thereafter shall be null and
void and of no effect whatsoever

unused for a continuous period of two years whether or not the equipment or fixtures are
Ord No 19931 10534 1191993 6

Whenever a conditional use which was approved by the Mayor and Council remains idle or

Sec 110127 Violation of conditions

Upon reasonable belief that a violation of the conditions imposed upon a conditional use Commission shall notify tTie property owner of the alleged violation by s hand delivery or certified mailing and shall schedule a hearing within 72 hours after said
sts e the Plai

preponderance ofthe evidence that a violation has occurred the Pl Commission may s anning issue a reprimand suspend or revoke the conditional use Any party aggrieved by the
within 72 hours after said determination The appeal stays the de of the Planning on terminati
established before the Planning C sion and the Mayor and City Council may reverse ommi
affirm or modify the Plan Commission determination ning s
Ord No 200123 1232001 Secs 110128 110140 Reserved
3upp No
5

notification After the hearing thereon if the Planning Commission determines upon a

determination of the Plan Commission may appeal same to the Mayor and City Council

City Council shall hold a hearing as timely as possible The hearing shall be on the record as

Commission pending the final determination of the Mayor and City Council The Mayor and

1 38 Cj1110

PLANNING COMMISSION Conditional Use Legal Standard

It is recognized however that there are certain uses which because of their unique characteristics cannot be properly classified in any particular district without further consideration in each case of their impact of those uses upon neighboring Land
Section 110121 Purposes Codes of the Town of Ocean City

A conditional use refers to a permissive Land use category authorized by a zoning or

administrative body pursuant to the existing provisions of the zoning law and subject to guides
standards and conditions for such special use which is permitted under the provisions of the
existing zoning
law

Abrams

Guide to Maryland Zoning Decisions Page 338

In order for the unique characteristics to support a denial it is necessary that the ordinary

adverse effects of the use be greater at that location because of the unique characteristics of that s location neighborhood than would be the case if the uses were relocated elsewhere in the zone

Days Cove Reclamation Co vs Queen Anne County 146 Md App 469 2002 Abrams Guide s
to Maryland Zoning Decisions 2008 Cum Supp at 46

The question is not whether the proposed use will have some adverse effect on the surrounding area because that is the nature of special exceptions The test is whether the
adverse effects would be greater or more detrimental at the subject location than would be the
result if located elsewhere in the
same zone

Lucas v Peoples Counsel for Baltimore County

147 Md App 209 2002 Abrams Guide to Maryland to Maryland Zoning Decisions 2008 Cum
Supp
at

47

Planning

Zoning Commission

Ocean City Maryland

Case j2 121000 O z
Exhibit
Date

12

j

j

338

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95

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111

ATTACHMENT 5

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CONSTIUAL
1 1 1

OCEAN
1

OCEAN
CITY
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Or
9

ATTACHMENT 6

I

First Reading Second Reading

ORDINANCE 2011 30
AN ORDINANCE TO AMEND CHAPTER 110 ENTITLED ZONING
OF THE CODE OF THE TOWN OF OCEAN CITY MARYLAND

NOS THEREFORE BE IT ENACTED AND ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY THAT CHAPTER 110 ENTITLED ZONING OF THE CODE OF THE TOWN OF OCEAN CITY MARYLAND BE AND IS HEREBY AMENDED BY REPEALING AND REENACTING WITH AMENDMENT SECTION 110304 AS
FOLLOWS

Sec 110304 Uses permitted by conditional use

I

The following uses are permitted by conditional use in accordance with article IL division
5

1

Any use permitted by conditional use in the R1 single family residential district shall be permitted by conditional use within the R2A low density
multiplefamily residential district

2

Public utilities and public services not otherwise regulated by the Maryland Public Service Commission including buildings treatment

plants pumping or regulator stations substations and principal
transmission lines but not including distribution and collection systems
INTRODUCED at a meeting of the City Council of Ocean City Maryland held on September 6 2011

ADOPTED AND PASSED by the required vote of the elected membership of the City
Council and

approved by the Mayor

at its

ptember 19

2011

ATTEST

WAYNE

MP

OR

erk

LAW OFFICES

App

as to Fo

AYRES JENKINS GORDY ALMAND P A
SUITE 20o 62DO COASTAL HIGHWAY

L President
GUY R AYRES III City Solicitor

OCEAN CITY MD 21842

jel

Jll A X0 11 E ME
yor

LLOYD WARM tecretary

1

Y

110 280

OCEAN CITY CODE

Sec 110 280 Site plan

Site plans are required for all uses in accordance with the provisions contained in article II
division 8 of this chapter Ord No 19931 1056 1191993 10
Secs 110 281 110300 Reserved

DIVISION 3 R LOW DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICT 2A

Sec 110 301 Purpose

The purpose of this district is to provide for 1Qty density multiple family residential development compatible with singlefamily development This district is iri areas of mixed but
primarily single family residential types Develbpmei2t in this district is intended to reflect the
single family nature of the surrounding properties
Ord No 19931 1057 1191993 1

Sec 110302 Permitted uses

A building or land in the R2A low density multiple family residential district shall be used
only for
the

following purposes

r

1 2
3

Any use permitted in the R1 single family residential district Twofamily dwellings subject to regulations of section 110906
TQwiibouses subject to regulationa of section 110906r

4

Multiple family dwellings
1057 1 191993 2

Ord No 1993 1

Sec 110303 Uses permitted by special exceph0n

Tlie follow1hl9 ises peimitted by special e iii loC rdaii6o with section X7 94 are oa dpti 0
Any use permitted by special exception in the R1 single family zeside tial district
shall be permitted by special exception within the R2A low density multiple family
residential district

Ord No 19931

1057 1191993 3

Sec 110304 Uses permitted by conditional use
The following uses are permitted by conditional use in accordance with article II division 5

Any use permitted by conditional use in the R1 single family residential district shall
be permitted by conditional use within the R2A low density multiple family residen
tial district

Ord No 1993 1

105 7 1 19 1993 4

a
54 CD110

ZONING

110279

Sec 110276 Bulk regulations

Bulk regulations are as follows except as otherwise provided in article V division 2
1 2

Minimum lot area 7 square feet 500
Minimum lot width 60 feet

3
4 5

Minimum lot depth 100 Minimum depth of front yard 20 feet

Minim width ofeach side yard
a

Five feet except as provided in subsections b and c below

b

If the width ofthe lot is more than 50 feet the m total side yards shall be n

15 feet with no side yard being less than Eye feet
C

The mmun width of side yards for churches temples and synagogues shall be
25 feet

6

Minimum depth of rear yard
a

Fifteen feet except as provided in subsection b below
The minin width of the rear yard for churches temples and synagogues shall
be 25 feet

b

t

7

Maximum building height
a

Principal building Shall be no more than 35 feet and shall be no more than three
stories

b

Accessory building Shall be no more than 20 feet and shall be no more than 1 2
stories

Ord No 1993 1

1056 1191993 6

Sec 110 Off parking sp 471 street

article V division 3 of this chapter
Ord N8 19931
Sec 110278 Signs

W Qstreet parking spaces shell be provided in r ordance with the provisions contained in gc

Signs shall be permitted and maintained in accordance with the provisions contained in
section 110880 of this chapter
Ord No 1993 1

1056 1191993 8

Sec 110279 Landscaping

Landscape shall be provided in accordance with the provisions contained in section 110881
of this chapter
Ord No 1993 1

1056 119 1993 9

CO110 53

ATTACHMENT 7

4

TOWN OF OCEAN CITY
OFFICE OF

PLANNING AND ZONING COMMISSION
P O BOX 158

OCEAN CITY MARYLAND 21842
ILRPRONE 221 269
e

t

May 2 1974
Mr
LIAM D C HOOVER
UW Ad1nh1W

Francis McKee

Supt of Stations
Delmarva Power

Light Co of Md

O P Box 1739

Salisbury Maryland 21801
WILLIAM
ahmm n cnah9 RR

RE Conditional Use Permit to construct an electric power
substation to be located on 5 of Block 150 Lots 2 4

DSON SHUA RICHAR

mow

described as being the northside of 137th Street between Synepuxent
Ave and Derrickson Avenue
McKee Dear Mr

ALGER ABBOTT

GOODMAN LAIC
LEWIS

Please be advised that as a result of the Public Hearing held at your request on May 1 1974 by the Planning and Zoning Commission of Ocean City Maryland a motion was made and carried to forward a favorable recommendation to the Mayor and City Council

notified of the Commission favorable recommendation with regard s
to your

By copy of this letter the Mayor and city Council will be
application

Also to inform the Mayor and City Council that

there were no protesters present at your hearing
Mayor and City Council at

I have scheduled you to appear before an open session ofthe At that time 1974
30 9 M P
on

May 6

please have the materials necessary to present your conditional
use application to that body

If I may be of further assistance please contact this office
Sincerely
William C Hoove Administrator
db WCS

cc Mayor and City Council
Paul Ewell

William Steger
file

o C

y

COUNIL MARYLND OCUPANY Power City Number Staion
CITY CITY OF AND OCEAN

Light

Marylnd
Ocean

150

Buildng

Of ic

rp

MAYOR
i

OF

CERTIFA

Delmarv Stre t
to

Block Sub

Standr Southern
the
of

ul

FERABL
TRA NOT
IS

is ued
is

137th her by

5
t

Electria
Ocupany
of

flo r flo r
each
to

provis n
is

1975 1

per the

foot with

June Council
of

CERTIFA

THIS

q

9

51 14
Na

cThiertifase Adres Number

206

limted square is ued per
of

day City and

person

load

Lot

Nature

Number

Alowabe

certifae
This

108 this

Sth Mayor
By

Section Is ued order

425

REGULAR SESSION MAYOR AND CITY COUNCIL NUMBER 14 MAY 6 1974 PAGE TWENTYTHREE President Powell 30 inches we all agred okav Miles that what it is re s Attorney Cathell Fish I tM nk for the record on this a statement should any problems they might have with some other agency they can work it out
Mr Allgood Let me ask a question to start with

be made that you are acting on behalf of the Town of Ocean City and that

President Powell All right boys what are we going to do about the swimming poo17 Bond it
President Powell You keep asking questions you going to keep us here re all night
Mr Allgood They don have a permit t President Powell First I want to know if they want to bond it or not
Do you want to bond it

President Powell Dolled the Council and the Council voted to bond the pool
Councilman Crooner and COLmCllman Trimmer voted against this

President Powell
going

record should the pool be shown or should it not
certify
that it built sllas

Now Dale if it not on there when the plats go on s
The architect is
s He going to have a hard

Attorney Cathell The swimming pool must be shown they going to have re
to file when they put the condominium plat on record to have to time certifying the swimming pool is as built and is not there

and ask for a permit to build a swimming pool Mr Bari We be in violation of our permit d
Mr

Councilman Showell Why don you just scratch the swimming pool off t altogether and than after you get ready to get it signed then came back

Mayor Kelley Let let them worry about how they are going to get it on s record all ke saying is we are willing to bond it And that is 150 re
of the cost
Barin Thank you

Cash In the city escrow account

President Powell

Thank you all for coning

11 Mr Charles Choyce regarding conditional use of kayak rentals

Mr Bill Hoover told President Powell that the Planning and Zcning Commission gave a favorable recommendation He also stated that the next four items on the agenda were for two conditional use applications and two rezoning applications all of which were subject to a public
matter and Mr Hoover answered no President Powell asked if anyone
Camper seconded the motion
IZ

asked Mr Hoover if there were any protests regarding Mr Choyce s

hearing held by the planning commission President Powell designated to Mr Hoover that they would be treated separately President Powell

present was opposed to it and there was no epposi ion Councilman Richardson mada the motion to approve the k rentals and Councilman y

The vote was unanimous by a zhow of hands

Mr Francis McKee DP regarding new substation at 137th Street L

Mr Bill Hoover told the Council that this matter was not under any
use

protest and was given a favorable recommendation by tare Commission President Powell asked if anyone present was against this conditional
There
were no

objections

C

ilman Richardson mad the

motion to approve and Councilman Trimper seconded the motion The vote was unanimous by a show of hands Pi P1rKee expressed his
gratitude to the Mayor and City Council for their diplomacy and fine example of good government in respect to the application 13 Mr Herb O rezoning Shoreline Associates Connor

Mr Bill Hoover explained to the Council that this was brought before the Planning and Zoning Commission and regarded rezoning the northern
500 feet of Tract 13 on west of Coastal Highway and was given a

favorable recommendation by the Planning and Zoning Commission and there

t

TOWN OF

EAN OC CITY
nning
The White Marlin Capital of the World Community Development
MAYOR CITY COUNCIL

P 0 Box 158 Ocean City MD 21843

O P BOX 158 OCEAN CITY

MARYLAND 218430158

410 2898855 410 2898705 fax

ww ocea citymdgov
MAYOR RICHARD W MEEHAN

September 19 2011

CITY COUNCIL MEMBERS
JAMES S HALL
Pmeideer

Esquire Williams Moore Shockley Regan
J R Smith P O Box 1530 Berlin MD 21811

LLOYD MARTIN

P Harrison L

Seemmry

BRENTASHLEY JOSEPH T HALL II
MARY P KNIGHT

1z F
Dear Mr

MARGARET PH LAS

Re Delmarva Power Northern Substation located between 137 Streets on the east side of Derrickson Avenue

138

D
e

DARE

KATHLEEN A MATHIAS P
City Clerk

This is to confirm that the above referenced premise is zoned R1 Single Family Residential District The current use of the premise as a public utility electricity

substation is a legal nonconforming use within the R1 zoning district The use may

continue and be changed in accordance with Section 11073 and Section 11074 of or
zoning regulations copy attached

The adjacent properties to the east of Delmarva Power are zoned R2A Low Density
Multiple Family Residential District Proposed Ordinance 2011 30 will allow Delmarva Power to apply for a Conditional Use to expand the substation into the R2A zoning district in conjunction with the pre existing substation now located in the R1 district

Should you need further assistance do not hesitate calling on me at 410 2898944
Sincerely

R Blaine Smith

Zoning Administrator
ks Enc 1

File 11 14100005

rty Ocean

MD

7 Nl M ift e

73 110

OCEAN CITY CODE
I

Sec 110 73 Continuation of nonconforming use

a Any bona fide use of land or structure which lawfully exists at the effective date of this

chapter may be continued although such use does not conform to the provisions here4 subject to the regulations of this division The nonconforming use of land or a structure may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for use at the time of the enactment of this chapter or subsequent
amendment

b The casual intermittent temporary or illegal use of land or structures shall not be
sufficient to establish the existence of a nonconforming use and the existence of a noncon

forming use on a part of a lot or tract shall not be construed to establish a nonconforming use
on the entire lot or tract

c Dry nightclubs which lawfully existed on November 19 2001 that were located in zoning districts other than LC1 SC and BMUD or which did not meet the separation requirements 1 described in section 110 514 are nonconforming uses and subject to all other regulations 23
of this chapter Nonconforming dry nightclubs must obtain an annual business license and are
subject to all regulations and conditions of said license
Ord No 1993 1

10526 1 191993 Ord No 2001 23 1232001 3

Sec 11074 Change or discontinuance of nonconforming use or nonconforming
structure

a Whenever a nonconforming use of land or buildings has been changed to a more restricted use or to a conforming use such use shall not thereafter be changed to a less
restricted use

b No building or land or portion thereof used in whole or in part for a nonconforming use which rem w idle or unused for a continuous period of years whether or not the gin two equipment or fixtures are removed shall again be used except in conformity with the
regulations of the district in which such building or land is located

c Nonconforming structures shall not be extended expanded enlarged or added to in any
manner except in compliance with minimum bulk regulations Existing encroachments within

required yards and open space shall not be expanded enlarged or added to in any manner
within required yards or open space

d Nonconforming structures which have been damaged by any cause whatsoever may be repaired or rebuilt provided that any repair or rebuilding does not in any respect increase the
extent of nonconformity in any manner whatsoever

e Nonconforming structures may be altered renovated rebuilt or expanded provided that such alteration renovation reconstruction or expansion does not in any manner increase the
degree of noncompliance in any respect
Supp
No 5

28 CD110

I

zoNnvG

so llo

f The permitted uses of nonconforming structures may be changed to other permitted uses
provided the change of use does not in any manner increase the degree ofnoncompliance in any
respect

g Outdoor display of merchandise which lawfully existed at the effective date of this provision may be continued for a period of two years Thereafter the outdoor display of
e erchandis m shall be regulated as set forth in section 110 363

Ord No 19931

1993 19 1 4 26 105 Ord No 1997 Ord No 2 1997 3 1 7 2000 1 2000

Secs 11075 11090 Reserved

Supp

No 5

1 28 CD110

I

zoNnvG

so llo

f The permitted uses of nonconforming structures may be changed to other permitted uses
provided the change of use does not in any manner increase the degree ofnoncompliance in any
respect

g Outdoor display of merchandise which lawfully existed at the effective date of this provision may be continued for a period of two years Thereafter the outdoor display of
e erchandis m shall be regulated as set forth in section 110 363

Ord No 19931

1993 19 1 4 26 105 Ord No 1997 Ord No 2 1997 3 1 7 2000 1 2000

Secs 11075 11090 Reserved

Supp

No 5

1 28 CD110

ATTACHMENT 8

Blaine Smith
From Sent To Cc Jesse Houston

Wednesday August 01 2012 10 AM 52
Blaine Smith

Subject

Kay Stroud Terry McGean DP L Staff Report

Blaine In your staff report include the following from page 51 of the 2006 Comprehensive Plan

Expansion of certain basic economic activities can be more readily accomplished provided that public and private utility and services systems are adequate for the existing and projected Town population Adequate maintenance and expansion of such facilities is therefore necessary to the physical economic and social well being of the Town

Therefore the major goal of the Town is
To

complete and efficient system of public services necessary to ensure the health safety and welfare of residents and visitors and the economic prosperity of the community
a

provide for the continued maintenance and expansion of community facilities and

Also send Terry explanation of the need to the Commission along with the agenda so they can read it before the s hearing It should also be presented as an exhibit at the hearing

Jesse C Houston

Director of Planning and Development Town of Ocean City Maryland

1

WHO

What

are

electromagnetic

fields

Page 1 of 5

World Health

Organization
Electromagnetic fields EMF
What
are

electromagnetic

fields

Share

Print

Summary of health effects
Table of contents

What happens when you are exposed to electromagnetic fields
Exposure
to

electromagnetic fields

is not

a new

phenomenon However

1

Definitions and sources

during the 20th century environmental exposure to man made electromagnetic fields has been steadily increasing as growing electricity demand ever advancing technologies and changes in social behaviour have created more and more artificial sources Everyone is exposed to a complex mix of weak electric and magnetic fields both at home and at work from the generation and transmission of electricity domestic appliances and industrial equipment to telecommunications and broadcasting Tiny electrical currents exist in the human body due to the chemical reactions that occur as part of the normal bodily functions even in the absence of external electric fields For example nerves relay signals by transmitting electric impulses Most biochemical reactions from digestion to brain activities go along with the rearrangement of charged particles Even the heart is electrically active an activity that your doctor can trace with the help of an electrocardiogram Lowfrequency electric fields influence the human body just as
they influence any other material
14 v

2 Summary of health effects 3 Progress in research
4 Typical exposure levels at home
and in the environment

5

Current standards

6 Precautionary approaches
7

What is EMF
Swedish

German Italian

made up of charged particles
When electric fields act on

conductive materials they
influence the distribution of electric

charges at their surface They cause current to flow through the
body to the ground

Low frequency magnetic fields induce circulating currents within the human body The strength of these currents depends on the intensity of the outside magnetic field If sufficiently large these currents could cause stimulation of nerves and muscles or affect other biological processes

Both electric and magnetic fields induce voltages and currents in the body but even directly beneath a high voltage transmission line the induced

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What

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currents are very small compared to thresholds for producing shock and
other electrical effects

Heating is the main biological
effect of the electromagnetic fields

g F of radiofrequency fields In

microwave ovens this fact is

employed to warm up food The levels of radiofrequency fields to which people are normally

exposed are very much lower than
those needed to produce

significant heating The heating effect of radiowaves forms the underlying basis for current guidelines Scientists are also investigating the possibility that effects below the threshold level for body heating occur as a result of longterm exposure To date no adverse health effects from low level long term exposure to radiofrequency or power frequency fields have been
confirmed but scientists are actively continuing to research this area

Biological effects or health effects What is a health hazard

Biological effects are measurable responses to a stimulus or to a change in
the environment These changes are not necessarily harmful to your

health For example listening to music reading a book eating an apple or playing tennis will produce a range of biological effects Nevertheless none of these activities is expected to cause health effects The body has sophisticated mechanisms to adjust to the many and varied influences we encounter in our environment Ongoing change forms a normal part of our lives But of course the body does not possess adequate compensation mechanisms for all biological effects Changes that are irreversible and stress the system for long periods of time may constitute a health hazard
An adverse health effect causes detectable impairment of the health of the

exposed individual or of his or her offspring a biological effect on the other hand may or may not result in an adverse health effect It is not disputed that electromagnetic fields above certain levels can trigger biological effects Experiments with healthy volunteers indicate that short
term exposure at the levels present in the environment or in the home do

not cause any apparent detrimental effects Exposures to higher levels that might be harmful are restricted by national and international guidelines The
current debate is centred on whether longterm low level exposure can

evoke biological responses and influence people well being s
Widespread concerns for
health

gee

A look at the news

ca
y ro M
r
u

oo

p O

IYOUIr hx
1
u

SFCn n y
wd qb

n In n

1 N b

headlines of recent years allows some insight into the various areas of public
concern concern Over the course Of

W yM s ea 0 111 h e x
M1

hl r N qJ

the past decade numerous

http

html indexl www who int peh emfabouVWhatisENW en

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WHO

I

What

are

electromagnetic

fields

Page 3 of 5

electromagnetic field sources have become the focus of health concerns including power lines microwave ovens computer and TV screens security devices radars and most recently mobile phones and their base
stations

The International EMF Project In response to growing public health concerns over possible health effects

from exposure to an ever increasing number and diversity of
electromagnetic field sources in 1996 the World Health Organization 9 9 WHO launched a large multidisciplinary research effort The International EMF Project brings together current knowledge and available resources of key international and national agencies and scientific institutions
Conclusions from scientific research

In the area of biological effects and medical applications of non ionizing radiation approximately 25 articles have been published over the past 000 30 years Despite the feeling of some people that more research needs to be done scientific knowledge in this area is now more extensive than for most chemicals Based on a recent indepth review of the scientific literature the WHO concluded that current evidence does not confirm the existence of any health consequences from exposure to low level electromagnetic fields However some gaps in knowledge about biological
effects exist and need further research

Effects on general health Some members of the public have attributed a diffuse collection of symptoms to low levels of exposure to electromagnetic fields at home Reported symptoms include headaches anxiety suicide and depression nausea fatigue and loss of libido To date scientific evidence does not support a link between these symptoms and exposure to electromagnetic

fields At least some of these health problems may be caused by noise or other factors in the environment or by anxiety related to the presence of
new technologies

Effects on pregnancy outcome Many different sources and exposures to electromagnetic fields in the living and working environment including computer screens water beds and electric blankets radiofrequency welding machines diathermy equipment and radar have been evaluated by the WHO and other organizations The overall weight of evidence shows that exposure to fields at typical environmental levels does not increase the risk of any adverse outcome such as spontaneous abortions malformations low birth weight and congenital diseases There have been occasional reports of associations

between health problems and presumed exposure to electromagnetic
fields such as reports of prematurity and low birth weight in children of

workers in the electronics industry but these have not been regarded by
the scientific community as being necessarily caused by the field exposures as opposed to factors such as exposure to solvents
Cataracts

General eye irritation and cataracts have sometimes been reported in

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workers exposed to high levels of radiofrequency and microwave radiation but animal studies do not support the idea that such forms of eye damage can be produced at levels that are not thermally hazardous There is no evidence that these effects occur at levels experienced by the general
public Electromagnetic fields and cancer

Despite many studies the evidence for any effect remains highly
controversial However it is clear that if electromagnetic fields do have an

effect on cancer then any increase in risk will be extremely small The results to date contain many inconsistencies but no large increases in risk
have been found for any cancer in children or adults

A number of epidemiological studies suggest small increases in risk of childhood leukemia with exposure to low frequency magnetic fields in the home However scientists have not generally concluded that these results indicate a causeeffect relation between exposure to the fields and disease

as opposed to artifacts in the study or effects unrelated to field exposure In part this conclusion has been reached because animal and laboratory
studies fail to demonstrate any reproducible effects that are consistent with

the hypothesis that fields cause or promote cancer Largescale studies are currently underway in several countries and may help resolve these issues Electromagnetic hypersensitivity and depression Some individuals report hypersensitivity to electric or magnetic fields

They ask whether aches and pains headaches depression lethargy
sleeping disorders and even convulsions and epileptic seizures could be associated with electromagnetic field exposure

There is little scientific evidence to support the idea of electromagnetic
hypersensitivity Recent Scandinavian studies found that individuals do not show consistent reactions under properly controlled conditions of electromagnetic field exposure Nor is there any accepted biological mechanism to explain hypersensitivity Research on this subject is difficult because many other subjective responses may be involved apart from

direct effects of fields themselves More studies are continuing on the
subject
The focus of current and future research

Much effort is currently being directed towards the study of electromagnetic

fields in relation to cancer Studies in search for possible carcinogenic
cancer producing effects of power frequency fields is continuing although
at a reduced level compared to that of the late 1990 s

The longterm health effects of mobile telephone use is another topic of
much current research No obvious adverse effect of exposure to low level radiofrequency fields has been discovered However given public concerns regarding the safety of cellular telephones further research aims to determine whether any less obvious effects might occur at very low
exposure levels

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Key points

1 A wide range of environmental influences causes biological effects Biological effect does not equal health hazard Special research is needed to identify and measure health hazards 2 At low frequencies external electric and magnetic fields induce small circulating currents within the body In virtually all ordinary environments the levels of induced currents inside the body are too small to produce obvious effects 3 The main effect of radiofrequency electromagnetic fields is heating of body tissues 4 There is no doubt that short exposure to very high levels of term electromagnetic fields can be harmful to health Current public concern focuses on possible longterm health effects caused by exposure to electromagnetic fields at levels below those required to trigger acute biological responses

5 WHO International EMF Project was launched to provide scientifically s
sound and objective answers to public concerns about possible
hazards of low level electromagnetic fields 6 Despite extensive research to date there is no evidence to conclude that exposure to low level electromagnetic fields is harmful to human
health

7 The focus of international research is the investigation of possible links between cancer and electromagnetic fields at power line and radiofrequencies

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l Electromagnetic

fields and

public

health

htipwww whoimrmdiacenoWfacbheetsfs322 eWindexhtml

World Health

Organization
Media centre

Electromagnetic fields and public health
Exposure to extremely low frequency fields
Fact sheet N 322
June 2007

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Print

The use of electricity has become an integral part of everyday life Whenever electricity flows both electric and magnetic fields exist close to

the lines that carry electricity and close to appliances Since the late 1970s questions have been raised whether exposure to these extremely low frequency ELF electric and magnetic fields EMF produces adverse
health consequences Since then much research has been done

successfully resolving important Issues and narrowing the focus of future
research

In 1996 the World Health Organization WHO established the International Electromagnetic Fields Project to investigate potential health risks associated with technologies emitting EMF A WHO Task Group recently concluded a review of the health Implications of ELF fields WHO
2007

This Fact Sheet Is based on the findings of that Task Group and updates recent reviews on the health effects of ELF EMF published in 2002 by the
International Agency for Research on Cancer IARC established under the auspices of WHO and by the International Commission on Non Ionizing Radiation Protection ICNIRP in 2003 ELF field sources and residential exposures
Electric and magnetic fields exist wherever electric current flows in

power lines and cables residential wiring and electrical appliances Electric fields arise from electric charges are measured In volts per metre Vm and are shielded by common materials such as wood and

metal Magnetic fields arise from the motion of electric charges Le a current are expressed in tesla T or more company in miltltesla mT

or microtesla p n In some countries another unit called the gauss G is
commonly

1 T These fields are not shielded by most common materials and pass easily through them Both types of fields are
strongest dose to the source and diminish with distance

used

000 10

G

Most electric power operates at a frequency of 50 or 60 cycles per

1 of4

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Electromagnetic

fields and

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http www whointmediacentrefactsheets fs322 himi entindex

second or hertz Hz Close to certain appliances the magnetic field
values can be of the order of a few hundred microtesis Underneath

power lines magnetic fields can be about 20 pT and electric fields can be several thousand volts per metre However average residential power

frequency magnetic fields In tames are much lower about 0 pT in 07 Europe and 0 pT in North America Mean values of the electric field in 11 the home are up to several tens of volts per metre
Task group evaluation

In October 2005 WHO convened a Task Group of scientific experts to assess any risks to health that might exist from exposure to ELF electric and magnetic fields in the frequency range 0 to 100 Hz 100 kHz 000 While IARC examined the evidence regarding cancer in 2002 this Task Group reviewed evidence for a number of health effects and updated the evidence regarding cancer The conclusions and recommendations of the Task Group are presented in a WHO Environmental Health Criteria EHC monograph WHO 2007

Following a standard health risk assessment process the Task Group
concluded that there are no substantive health Issues related to ELF

electric fields at levels generally encountered by members of the public
Thus the remainder of this fact sheet addresses predominantly the effects of exposure to ELF magnetic fields
Shortterm effects

There are established biological effects from acute exposure at high levels well above 100 NT that are explained by recognized biophysical mechanisms External ELF magnetic fields induce electric fields and

currents In the body which at very high field strengths cause nerve and
muscle stimulation and changes in nerve cell excitability in the central
nervous system Potential longterm effects

Mitch of the scientific research examining longterm risks from ELF magnetic field exposure has focused on childhood leukaemlo In 2002 IARC published a monograph classifying ELF magnetic fields as possibly carcinogenic to humans This classification Is used to denote an agent for which there is limited evidence of carcinogenicity in humans and less than sufficient evidence for carcinogenicity in experimental animals other
examples include coffee and welding fumes This classification was

based on pooled analyses of epidemiological studies demonstrating a
consistent pattern of a twofold increase in childhood leukaemia

associated with average exposure to residential powerfrequency
magnetic field above 0 to 0 NT The Task Group concluded that 3 4
additional studies since then do not alter the status of this classification

However the epidemiological evidence is weakened by methodological
problems such as potential selection bias In addition there are no

accepted biophysical mechanism that would suggest that lowlevel exposures are involved In cancer development Thus if there were any effects from exposures to these lowlevel fields it would have to be
i
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through a biological mechanism that Is as yet unknown Additionally animal studies have been largely negative Thus on balance the evidence related
to childhood leukaemia is not strong enough to be considered causal Childhood leukaemia is a comparatively rare disease with a total annual

number of new cases estimated to be 49 worldwide in 2000 Average 000 magnetic field exposures above 0 pT in homes are rare it is estimated 3
that only between 1 and 4 of children live in such conditions If the association between magnetic fields and childhood leukaemia Is causal the number of cases worldwide that might be attributable to magnetic field exposure is estimated to range from 100 to 2400 cases per year based on values for the year 2000 representing 0 to 4 of the total 2 95 incidence for that year Thus ff ELF magnetic fields actually do increase

the risk of the disease when considered In a global context the impact on
public health of ELF EMF exposure would be limited

A number of other adverse health effects have been studied for possible
association with ELF magnetic field exposure These Include other childhood cancers cancers in adults depression suicide cardiovascular disorders reproductive dysfunction developmental disorders immunological modifications neurobehavioural effects and neurodegenerative disease The WHO Task Group concluded that

scientific evidence supporting an association between ELF magnetic field
exposure and all of these health effects is much weaker than for childhood

leukaemia In some instances i for cardiovascular disease or breast e
cancer the evidence suggests that these fields do not cause them

International exposure guidelines Health effects related to shortterm highlevel exposure have been established and form the basis of two international exposure limit guidelines ICNIRP 1998 IEEE 2002 At present these bodies consider

the scientific evidence related to possible health effects from longterm lowlevel exposure to ELF fields insufficient to justify lowering these
quantitative exposure limits
s WHO guidance

For highlevel shortterm exposures to EMF adverse health effects have

been scientifically established ICNIRP 2003 International exposure guidelines designed to protect workers and the public from these effects should be adopted by policy makers EMF protection programs should include exposure measurements from sources where exposures might be
expected to exceed limit values

Regarding longterm effects given the weakness of the evidence for a link between exposure to ELF magnetic fields and childhood leukaemia the
benefits of exposure reduction on health are unclear in view of this

situation the following recommendations are given Government and industry should monitor science and promote research
programmes to further reduce the uncertainty of the scientific evidence on the health effects of ELF field exposure Through the ELF risk
i

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assessment process gaps In knowledge have been Identified and these form the basis of a new research agenda

Member States are encouraged to establish effective and open
communication programmes with all stakeholders to enable informed

decision making These may include improving coordination and

consultation among Industry local government and citizens in the planning process for ELF EMFemitting facilities When constructing new facilities and designing new equipment Including appliances lowcost ways of reducing exposures may be explored Appropriate exposure reduction measures will vary from one
country to another However policies based on the adoption of arbitrary low exposure limits are rat warranted Further reading

WHO World Health Organization Extremely low frequency fields
Environmental Health Criteria Vol 238 Geneva World Health Organization 2007

IARC Working Group on the Evaluation of Carcinogenic Risks to Humans

Non ionizing radiation Part 1 Static and extremely lowfrequency ELF electric and magnetic fields Lyon IARC 2002 Monographs on the Evaluation of Carcinogenic Risks to Humans 80
ICNIRP International Commission on Non ionizing Radiation Protection Exposure to static and low frequency electromagnetic fields biological effects and health consequences 0 kHz Bernhardt JH et al eds 100 Oberschleissheim International Commission on Nonlonizirg Radiation
Protection 2003 ICNIRP 13 2003

ICNIRP Intemational Commission on Non Ionizing Radiation Protection 1998 Guidelines for limiting exposure to time varying electric magnetic and electromagnetic fields up to 300 GHz Health Physics 74 4
494522

IEEE Standards Coordinating Committee 28 IEEE standard for safety
Levels with respect to human exposure to electromagnetic fields 0 kHz 3
New York NY IEEE The Institute of Electrical and Electronics

Engineers 2002 IEEE Std C95 62002
For more Information contact WHO Media centre

Telephone 4122 7912222

Email mediainquiries int who

4 of 4

2012 02 8 10 AM

ATTACHMENT 9

I

INTEROFFICE MEMORANDUM

TO FROM

BLAINE SMITH

TERENCE MCGEAN

SUBJECT
DATE
CC

DPL CONDITIONAL USE REQUEST 2012 1 8

JESSE HOUSTON

As the City Engineer I was involved in some of the initial discussions with representatives from Delmarva Power regarding the additions and modifications to the 138th Street Substation By way of
background the Delmarva Peninsula is served by the PJM Electric grid Unfortunately in the case of the peninsula it is really not a grid but basically a single northsouth transmission route coming from Wilmington Delaware that serves our region This makes our area more susceptible to various problems associated with the electric transmission system such as voltage fluctuations brown outs
and blackouts

In 1999 Ocean City along with most of the Delmarva peninsula experienced a series of brown outs and rolling blackouts These were due to the inability of the electric transmission system on the peninsula to handle increasing higher demand loads as the area had grown over the years As a result of these events and with the urging of State regulators Delmarva Power began planning a number of projects throughout the region to upgrade the transmission system to handle the increased loads These projects consisted of improvements to the existing transmission path as well as plans for an entirely new second transmission path to serve the peninsula from the west known as the Mid Atlantic Power Pathway or MAPP project

Since 1999 DPL has made and continues to make improvements to the transmission system to
increase electric reliability Ocean City has seen much fewer blackouts but we do continue to

experience voltage fluctuations and phase drops on a fairly regular basis These often cause damage
to electronic equipment
The proposed addition to the 138th Street substation includes installation of a Static Vat

Compensator DPL has stated that the primary function of this device is to maintain acceptable stable voltage levels As previously discussed voltage swings have been an issue in Ocean City and have affected equipment in the Convention Center and Wastewater Plant
I was involved in a number of preliminary meetings with DPL during which they evaluated various sites in Ocean City for this new equipment The need for the equipment is at the north end

of Town and therefore sites at 100th Street and 138th street were both discussed Although DPL already owned property at 100th street there is no existing infrastructure or primary power feed at that location Therefore substantial new power lines would have been required both above and underground to serve the SVC This would have caused considerable disruption along Coastal Highway Because the 138th Street site already had a substation and therefore much of the necessary infrastructure in place the overall impact of the project both on and off the site was much less than
the 100 street location

For the reasons listed above I believe that the proposed DPL upgrades are necessary and that the 138th street location for the equipment has the least impact to the City of the available sites

2

ATTACHMENT 10

I

delmairva power
A PHI Company

Ocean City Static Var Compensator Transmission Reliability Improvement Project
August 7 2012

P

Ho

s Tonight

Presentation
providing
safe and reliable service

Delmarva Power committed to

curve dower
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company

Strengthening reliability through prudent system investments

Overview of the transmission reliability planning process Necessity for the Ocean City Static Var Compensator project
Site plan and landscaping

Review of sound and magnetic field studies
Community outreach construction information and timeline

Ho

Delmarva Power

deknarva power
A PHI Company

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Maryland

Delmarva Power

Customers 500 Electric 130 000 000 Natural Gas
Dela

delnwr

isl

Headquarters New Castle Region Newark DE Bay Region Salisbury MD

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P

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Holding

Delmarva Power aimed at

reliability investments
your energy needs

cwmarva
power
A PHI Company

serving

Annually Delmarva Power invests millions of

dollars to repair replace and add new equipment to improve reliability
In 2012 Delmarva Power will invest 142 million

to improve reliability throughout its service
territory

New transmission and distribution lines substation equipment circuit equipment and other electrical
infrastructure

Coordinates with regional power grid operator PJM to plan a transmission system that meets reliability criteria
Develops annual 10year load forecasts for
distribution feeders and substations

e i

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i

Holding

Delmarva Power investments in

reliability improvement Ocean City

Mdelmatva power
A PHI Company

Ocean City SVC project
Rebuild transmission line between

Maridel and Ocean Bay substations
Distribution upgrades including underground cable replacement and circuit upgrades

epco P Ho

Delmarva Powers

transmission

system upgrades

delmerva owof p
A PHI Company

0

The electric transmission system is the interconnection of high voltage power lines that carry electricity from power plants to substations that eventually serve customers through a local distribution system
Across the Delmarva Peninsula Delmarva Power owns and operates most of the transmission system that not only serves its own customers but also provides

wholesale electric service to electric coops
and municipallyowned electric utilities
w

On the Peninsula Delmarva Power owns operates and maintains more than 1 500
miles of electric transmission lines

12 Pepco Holdings Inc

6

Ocean

City

Static Var

necessary

to

Compensator SVC strengthen reliability

gpoww
A PHI Compan

deltrit tva

In order to enhance electric service reliability and maintain a stronger and more consistent flow of energy in the Ocean City area Delmarva Power plans to install a Static Var Compensator SVC adjacent to its 138th St substation

The SVC is similar to a booster pump that helps keep the electrical pressure voltage constant across the Delmarva Power system The SVC will allow Delmarva Power to distribute electricity where and when it is needed The SVC is necessary to maintain electric stability by eliminating voltage fluctuations during times of high demand or system disturbances maintain a stronger sustainable and more consistent flow of energy to the
area

While the result will be increased electric service reliability for customers in eastern Worcester and Sussex counties this 26 million project will mainly benefit customers in Ocean City
s

Holding

Transmission

reliability Y

eknama power
A PHI Company

planning

process

As a transmission owner Delmarva Power is responsible to plan and operate its transmission system in accordance with standards set forth by FERC Federal Energy Regulatory Commission
NERC

North American Electric Reliability Corporation

PJM Interconnection

Ho

Planning is a necessity to improve transmission reliability

rva cJel paws
A PHI Company

Delmarva Power and other transmission owners work with PJM
J

Interconnection to identify necessary upgrades to the electric transmission
system

PJM outlines specific criteria that
utilities need to follow to ensure

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reliability in the event of transmission andor generation issues Thorough analysis is done to be able
to serve customers under normal

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circumstances but also to serve them

should something go wrong on the
system

The OC SVC is one of those projects

Need for the Ocean

City

SVC

Reliable and Sustainable

Voltage

delmarva paver
APHICompany

This system upgrade is necessary to help Delmarva Power maintain a stronger and more
consistent flow of energy to this
area

The 138th Street Substation went into service in the

mid 1970 but an expansion is necessary because this part of our system is vulnerable to s low voltage conditions and this is where we need to reinforce our transmission system
The primary functions of the SVC

Maintain acceptable stable voltage levels

Control voltage swings during times of peak demand especially in the summer To control high voltages during times of light load
Prevent voltage dips

Prevent voltage collapse

Based on the current configuration of our transmission system this project was targeted to prevent blackouts which are outages or brownouts which are unacceptable drops in voltage particularly during the summer when usage in Ocean City reaches very high levels
Stable voltage is an important aspect of providing reliable service Without it customers both commercial and residential could experience equipment damage That could have

both reliability and safety implications not to mention the impact to our tourism economy

Pepco Hold

deknafva Power
A PHI Company

Aerial

view of the

138th St
site

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Ocean
Total

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SVC

design

delr

afva o of

A PHI Company

perimeter footage

820 feet

New 15foot wall around the existing substation
6 8 inches thick

Reinforced precast concrete with textured face to resemble stone
Color sandstone

Gates

4 gates 15 feet tall 20 feet wide

Vegetation

A mixture of maple birch red cedar loblolly pine winterberry bayberry arrowood big bluestem switch grass Setbacks 10 feet from property line Lighting Directional floodspot lights when personnel are on site
SVC control
room

13 feet tall

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CONDITIONAL USE SITE PLAN
PREPARED FOR

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A PHI Company

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delmatva grower
A PHI Company

View looking
Northeast

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A PHI Company

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A PHI Company

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A PHI Company

View
EXISTING CONDITIONS
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PROPOSLd CONDITIONS

I Li

Sound
Sound Study

EMF studies conducted

vo delma power
A PHI Company

Sound level from expanded substation is expected to be comparable to existing
sound levels

Delmarva Power will comply with local sound ordinances Delmarva Power is investing in low sound SVC equipment

Specifically the new power transformer capacitors and inductors are special
low sound design

The SVC cooling system will also use low speed fans to reduce its sound
level

The equipment is being installed as close to the ground as possible rather than on elevated structures This helps not only the appearance of the station but also reduces the sound leaving the site compared to equipment mounted on
taller structures

Although primarily focused on aesthetics the proposed decorative wall will provide more sound absorption than existing chain link fence and vegetation that currently
exists

dings l epco o PH

0

Sound

EMF studies conducted

va delma
grower
A PHI Company

Sound studv

Acoustics consultant performed sound level survey of the areas around the existing 138th Street Substation Nighttime measurements were taken between midnight and 1 a while m
daytime measurements were taken between 8 a and 9 a m m

At perimeter of existing substation on the sidewalk levels of total sound were

found to be an average of 51 dBA at night and 54 dBA during the day This
includes all sound
sources

in the area not

just

the substation

Other sources

of sound include traffic wind residential heat pump etc

The manufacturer of the SVC equipment has completed a sound study of the expanded substation to show the sound levels that can be expected in the
surrounding areas

The results of their study show that sound levels from the expanded substation in the surrounding areas are calculated to be 42 dBA or less Across the streets to the north and west at the residential properties the
sound levels are calculated to be 40 dBA or less

epco P Holdings Inc

21

Sound

EMF studies conducted

delmnrva grower
A PHI Company

Comparative examples of sound levels
Sound level
40 dba

Sound source

library lowest limit of urban ambient sound
quiet suburb conver at home

50 dba
6 dba 70 dba

conversation in restaurant office background music air
conditioning unit at 100 ft

radio or TV audio vacuum cleaner

80 dba

garbage disposal passe car at 65 mph at 25 ft 77 dB

Source httpwww comcomparative noise examples industrialnoisecontrol htm

P

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Sound

EMF studies conducted

delmama
power
A PHI Company

Sound study summary
Based on the sound study we expect the sound level from the

expanded substation to be comparable to what exists currently
Sound requirements in Ocean City are 55 dBA at night and 65

dBA during the day and we expect to comply as we do today
Furthermore the expanded substation sound level is s calculated to be approximately 9 dBA below the background
noise level This means the sound from the substation should

be difficult to detect at the neighboring residential properties

PeDco

Sound

EMF studies conducted

delmama power
A PHI Company

Magnetic Fields study

Magnetic fields are related to the flow of electric current and surround things that generate transmit or use electricity when they are operating including substations transmission lines and household
appliances

The strength of a magnetic field decreases rapidly with

distance from its source

The SVC will have only a small effect on the existing magnetic field levels This happens because we have designed the substation so
that the sources within that create the highest fields are closest to
locations where there are no residences

Existing magnetic field levels were calculated at the sidewalks across the streets from the present substation and compared to calculated magnetic field levels with the proposed SVC in operation

co p e ings P Hold

EMF measurements

projections

ve delrna
power

Existing
Magnetic
Field

Future

Magnetic

Field Levels with SVC

Existing Magnetic Field
Levels

Future Magnetic
Field Levels

Levels

with SVC

2

3

9

10

2

3

5

5

10

20

27

29

2

17

9

10

Other sources of fields may exist in the areas surrounding the substation and throughout the neighborhood e service g
drops to residences but these have not been modeled Milligauss is the unit used to express measurements of the intensity of a magnetic field

Pepc Hold inos

Magnetic

Fields Measured from

Appliances

cWmatva power
A PHI Company

Distance from source
Source
Hair
6 inches

mG

1 foot

mG

2f m eet G
2

dryer

300

1 10 150 3
1

Blender
Can opener Toaster
Iron

70
600

0 2

10
8
300

Vacuum cleaner

60

10

Power

saw

200

40

5

Source EN F Questions and Answers National Institute of Environmental Health Sciences NIEHS 2002

0 i

i

d

i

Guidelines for

Magnetic

Field

Exposure

delmorva power
A PHI Company

The magnetic field exposure limit for the general population that is recommended by the International Commission on Non Ionizing
Radiation Protection

000 ICNIRP is 2 mG

In the United States the magnetic field exposure limit recommended by the Institute of Electrical and Electronics Engineers IEEE International

Committee on Electromagnetic Safety is even higher 9 mG 040
None of the calculated values of the magnetic fields outside the
substation
comes

close to either of these limits

No matter where a

person walks or drives near the substation the magnetic field levels are
below these recommended limits

Inc PepcoHoIdinos W
i

EMF S

demarva
ower
A PHI Company

The areas where the increase in the magnetic field level is greatest are to the south and east of the substation There are no residences opposite these sides of the substation
To the north and to the west of the substation where there

are residences located opposite the substation the magnetic

field levels are not expected to change significantly if at all
with the addition of the SVC

Magnetic field levels at both average and peak loading will be a very small fraction 1 of the International

Commission on Non Ionizing Radiation Protection ICNIRP
standard at all locations around the substation
i

Pepco

Enhancements to SVC

project designed neighborhood compatibility

for

delmarva power
A PHI Company

Low profile equipment
Specially designed equipment to be as close to ground as possible
but still meeting safety and reliability clearance criteria

Low sound equipment
Specially designed equipment to meet sound requirements

Decorative wall around substation perimeter
Above and beyond traditional chain link fence with careful
consideration of aesthetics and some additional sound reduction

Pe Hol Inc

Timeline
2010 and I I

Construction

delmaeva drawer
A PHI Company

Delmarva Power began the process of finding suitable

location provided an overview to the town and eventually purchased
properties adjacent to the substation October 2011 Met with Caine Woods Community Association board of directors and provided information for newsletter November 2011 Sent letters to customers living across the street from the
substation

February February

2012 2012

Hosted informational meeting at Elks Lodge Removal of homes on property adjacent to substation

Project construction expected to begin in fall 2012 with targeted
completion of June 2013

Delmarva Power will coordinate with the Town of Ocean City on work
hours and construction related issues

i

Hold Inc

30

Ocean
to

City VC is necessary Y improve reliability

delmatva
grower
A PHI Company

Delmarva Power is committed to

providing safe and reliable service ve We been dedicated to the energy needs for our customers in Ocean City
and
across

4

the Peninsula for many years

a A rtn

This project is necessary to ensure sustainable electric reliability and ensuring that we can meet your future energy needs
We have a long tradition of community service and look forward to continuing to be a good neighbor and a reliable source of energy for our customers

ELI

o

delmarvo powor
A PHI Company

ank Th

uestions Q
i

ATTACHMENT 11

i

sil

V

onent

o

Exponent t70oo Science Drive
Suite zoo

Bowie Maryland 2o715 telephone 301 201 2500 facsimile l0124 2509 1
com exponent www

William H Bailey Ph D
Principal Scientist
Professional Profile

Dr William H Bailey is a Principal Scientist in Exponent Health Sciences practice s

Dr Bailey specializes in applying stateoftheart assessment methods to environmental and occupational health issues His 30 years of training and experience include laboratory and epidemiologic research health risk assessment and comprehensive exposure analysis Dr Bailey has investigated exposures to alternating current direct current and radiofrequency electromagnetic fields stray voltage and electrical shock as well as to a variety of chemical agents and air pollutants He is particularly well known for his research on potential health
effects of electromagnetic fields and has served as an advisor to numerous state federal and international agencies Currently he is involved in research on exposures to marine life from submarine cables and respiratory exposures to ultrafine and nanoparticles Dr Bailey is a visiting scientist at the Cornell University Medical College and has lectured at Rutgers

University the University of Texas San Antonio and the Harvard School of Public Health He was formerly Head of the Laboratory ofNeuropharmacology and Environmental Toxicology
at the New York State Institute for Basic Research Staten Island New York and an Assistant

Professor and NIH postdoctoral fellow in Neurochemistry at The Rockefeller University in New
York

Academic Credentials and Professional Honors

D Ph Neuropsychology City University of New York 1975
B M University of Chicago 1969 A A B Dartmouth College 1966

Sigma Xi The Institute of Electrical and Electronics Engineers Committee on International
Electromagnetic Safety Subcommiee 3 Safety Levels with Respect to Human Exposure to Fields 0 to 3 kHz and Subcommittee 4 Safety Levels with Respect to Human Exposure to

Radiofrequency Fields 3 kHz to 3 GHz Elected member of the Committee on Man and Radiation COMAR of the IEEE Engineering in Medicine and Biology Society 19982001

12 01

Publications

500 kV 2012 379lines and in other environments IEEE Transactions on Power DC transmission Delivery 27 371

Bailey WH Johnson GB Bishop J Hetrick T Su S Measurements ofcharged aerosols near

Kavet R Bailey WH Bracken TD Patterson RM Recent advances in research relevant to electric and magnetic field exposure guidelines Bioelectromagnetics 2008 29 499526

Bailey WH Wagner M IARC evaluation ofELF magnetic fields Public understanding ofthe T 4 0 exposure metric Journal of Exposure Science and Environmental Epidemiology 2008 233235 18
Bailey WH Erdreich L Accounting for human variability and sensitivity in setting standards
for electromagnetic fields Health Physics 2007 92 649657

Bailey WH Nyenhuis JA Thresholds for 60Hz magnetic field stimulation ofperipheral nerves in human subjects Bioelectromagnetics 2005 26 462468
near AC transmission lines IEEE Transactions on Power Delivery 2005 20 16921702

Bracken TD Senior RS Bailey WH DC electric fields from corona generated space charge

Bailey WH Dealing with uncertainty in formulating occupational and public exposure limits Health Physics 2002 83 402408
2002 83 376386

Bailey WH Health effects relevant to the setting of EMF exposure limits Health Physics

Applied Occupational and Environmental Hygiene 2001 16 11181138
magnetic fields Health Physics1999 77 9798

Kavet R Stuchly MA Bailey WH Bracken TD Evaluation ofbiological effects dosimetric models and exposure assessment related to ELF electric and magneticfield guidelines

Bailey WH ICNIRP recommendation for limiting public exposure to 4 Hz1 kHz electric and

Bailey WH Principles of risk assessment with application to current EMF risk communication
Health Organization Geneva 1999

issues In EMF Risk Perception and Communication Repacholi MH Muc AM eds World

American Public Transit Association 1999

De Santo RS Bailey WH Environmental justice tools and assessment practices Proceedings

ELF magnetic field exposure limits Health Physics 1999 77 282290
William H Bailey Ph D
Page 2
12 01

Bailey WH Su SH Bracken TD Probabilistic approach to ranking sources of uncertainty in

T

Ex

Bailey WH Field parameters Proceedings EMF Engineering Review Symposium Status and Summary of EMF Engineering Research Bracken TD and Montgomery JH eds Oak Ridge
National Laboratory Oak Ridge TN April 29 1998 28

Bailey WH Policy implications Proceedings EMF Engineering Review Symposium Status and Summary of EMF Engineering Research Bracken TD and Montgomery JH eds Oak
Ridge National Laboratory Oak Ridge TN April 2829 1998

Bailey WH Probabilistic approaches to deriving riskbased exposure guidelines Application to extremely low frequency magnetic fields In Non Ionising Radiation Dennis JA and Stather JW eds Special Issue of Radiation Protection Dosimetry 1997 72 327336 Bailey WH Su SH Bracken TD Kavet R Summary and evaluation of guidelines for occupational exposure to power frequency electric and magnetic fields Health Physics 1997
433453 73

Bracken TD Senior RS Rankin RF Bailey WH Kavet R Magnetic field exposures in the

electric utility industry relevant to occupational guideline levels Applied Occupational and
Environmental Hygiene 1997 12 756768

Blondin JP Nguyen DH Sbeghen J Goulet D Cardinal C Maruvada PS Plante M and Bailey WH Human perception of electric fields and ion currents associated with high voltage
DC transmission lines Bioelectromagnetics 1996 17 230241

Bailey WH Charry JM Acute exposure of rats to air ions Effects on the regional
concentration and utilization of serotonin in brain Bioelectromagnetics 1987 8 173181

Bailey WH Charry JM Measurement of neurotransmitter release and utilization in selected brain regions of rats exposed to do electric fields and atmospheric space charge Proceedings 23 Hanford Life Sciences Symposium Interaction of Biological Systems with Static and ELF
Electric and Magnetic Fields 1987

Pavildes C Aoki C Chen JS Bailey WH Winson J Differential glucose utilization in the

parafascicular region during slowwave sleep the stillalert state and locomotion Brain
Research 1987 423 399402

Bailey WH Charry JM Behavioral monitoring of rats during exposure to air ions and DC
electric fields Bioelectromagnetics 1986 7 329339

Chang JM Shapiro MH Bailey WH Weiss JM Ion exposure chambers for small animals
Bioelectromagnetics 1986 7 11 1

Charry JM Bailey WH Regional turnover of norepinephrine and dopamine in rat brain following acute exposure to air ions Bioelectromagnetics 1985 6 415425

William H Bailey Ph D Page Page

Bracken TD Bailey WH Charry JM Evaluation of the DC electrical environment in proximity
to VDTs Journal of Environmental Science and Health Part A 1985 20 745780
responses A physiological role Federation Proceedings 1984 43 458

Gross SS Levi R Bailey WH Chenouda AA Histamine modulation of cardiac sympathetic

Gross SS Guo ZG Levi R Bailey WH Chenouda AA 1984 Release of histamine by sympatheticResearch 1984 54 guinea pig heart and modulation of adrenergic responses nerve stimulation in the Circulation 516526
Dahl D Bailey WH Winson J Effect of norepinephrine depletion of hippocampus on neuronal transmission from perforant pathway through dentate gyrus Journal ofNeurophysiology 1983 123135 49
Guo ZG Gross SS Levi R Bailey WH Histamine Modulation of norepinephrine release from
sympathetic nerves in guinea pig heart Federation Proceedings 1983 42 907

American Institute of Medical Climatology Philadelphia PA 1982

Bailey WH Biological effects ofair ions on serotonin metabolism Fact and fancy pp 90 120 In Conference on Environmental Ions and Related Biological Effects Charry JM ed
Weiss JM Goodman PA Losito BG Corrigan S Charry JM Bailey WH Behavioral

depression produced by an uncontrollable stressor Relationship to norepinephrine dopamine
Bailey WH Ion exchange chromatography of creatine kinase isoenzymes A method with improved specificity and sensitivity Biochemical Medicine 1980 24 300313
Research 1979 174178 162

and serotonin levels in various regions of rat brain Brain Research Reviews 1981 3 167205

Bailey WH Weiss JM Evaluation of a memory deficit in vasopressindeficient rats Brain

Bailey WH Weiss JM Effect ofACTH 410 on passive avoidance of rats lacking vasopressin
Brattleboro strain Hormones and Behavior 1978 2229 10

Pohorecky LA Newman B Sun J Bailey WH Acute and chronic ethanol injection and serotonin metabolism in rat brain Journal of Pharmacology and Experimental Therapeutics 1978 204 424 432
Journal of Verbal Learning and Verbal Behavior 1971 10 542574

Koh SD Vernon M Bailey WH Free recall learning ofword lists by prelingual deaf subjects

William H Bailey PhD Page 4
12 01

Ex

Book Chapters

Bailey WH Principles of risk assessment and their limitations In Risk Perception Risk Communication and its Application to EMF Exposure Matthes R Bernhardt JH Repacholi MH eds International Commission on Non Ionizing Radiation Protection
Oberschleil3heim Germany 1998

Bailey WH Biological responses to air ions Is there a role for serotonin pp 151160 In Air Ions Physical and Biological Aspects Charry JM and Kavet R eds CRC Press Boca
Raton FL 1987

Weiss JM Bailey WH Goodman PA Hoffman LJ Ambrose MJ Salman S Charry JM A

model for neurochemical study of depression pp 195223 In Behavioral Models and the Analysis of Drug Action Spiegelstein MY Levy A eds Elsevier Scientific Amsterdam
1982

Bailey WH Mnemonic significance of neurohypophyseal peptides pp 787804 In Changing Concepts of the Nervous System Morrison AR Strick PL eds Academic Press
New York NY 1981

Bailey WH Weiss JM Avoidance conditioning and endocrine function in Brattleboro rats Pp 371 395 In Endogenous Peptides and Learning and Memory Process Martinez JL Jensen RA Messing RB Rigter H McGaugh JL eds Academic Press New York NY 1981 Weiss JM Glazer H Pohorecky LA Bailey WH Schneider L Coping behavior and stress induced behavioral depression Studies of the role of brain catecholamines pp 125160 In The Psychobiology of the Depressive Disorders Implications for the Effects of Stress Depue R ed Academic Press New York NY 1979
Technical Reports
Jardini JA et al Electric field and ion current environment of HVDC overhead transmission

lines Report of Joint Working Group B4 CIGRE August 2011 50 C3B2
Johnson GB Bracken TD Bailey WH Charging and transport of aerosols near AC
transmission lines A literature review EPRI Palo Alto CA 2003

Bailey WH Probabilistic approach to ranking sources of uncertainty in ELF magneticfield exposure limits In Evaluation of Occupational Magnetic Exposure Guidelines Interim Report EPRI Report TR 111501 1998

Bracken TD Bailey WH Su SH Senior RS Rankin RF Evaluation of occupational magnetic field exposure guidelines Interim Report EPRI Report TR 108113 1997
Bailey WH Weil DE Stewart JR HVDC Power Transmission Environmental Issues Review Oak Ridge National Laboratory Oak Ridge TN 1996
William H Bailey Ph D Page 5
01 12

Ex

Bailey WH Melatonin responses to EMF Proceedings Health Implications of EMF Neural
Effects Workshop Report TR 104327s EPRI 1994
Bailey WH Recent neurobiological and behavioral research Overview of the New York State powerlines project In Power Frequency Electric and Magnetic Field Research EPRI 1989

Bailey WH Bissell M Dorn CR Hoppel WA Sheppard AR Stebbings JH Comments of the MEQB Science Advisors on Electrical Environment Outside the Right of Way of CUTR1
Report 5 Science Advisor Reports to the Minnesota Environmental Quality Board 1986

Bailey WH Bissell M Brambl RM Dorn CR Hoppel WA Sheppard AR Stebbings JH A
health and

safety evaluation of the 400 KV powerline Science Advisor Report to the s Minnesota Environmental Quality Board 1982

Charry JM Bailey WH Weiss JM Critical annotated bibliographical review of air ion effects
on biology and behavior Rockefeller University New York NY 1982

Bailey WH Avoidance behavior in rats with hereditary hypothalamic diabetes insipidus Dissertation City University of New York 1975
Selected Invited Presentations

Bailey WH Erdreich LS Human sensitivity and variability in response to electromagnetic
fields Implications for standard setting International Workshop on EMF Dosimetry and Biophysical Aspects Relevant to Setting Exposure Guidelines International Commission on Non Ionizing Radiation Protection Berlin March 2006

Bailey WH Researchbased approach to setting electric and magnetic field exposure guidelines 03000 Hz IEEE Committee on Electromagnetic Safety December 2005
Bailey WH Conference Keynote Presentation Research supporting 50 Hz electric and 60 magnetic field exposure guidelines Canadian Radiation Protection Association Annual Conference Winnipeg June 2005

Bailey WH Scientific methodology for assessing public health issues A case study of EMF
Canadian Radiation Protection Association Annual Conference Public Information for

Teachers Winnipeg June 2005

Bailey WH Assessment of potential environmental effects of electromagnetic fields from submarine cables Connecticut Academy of Science and Engineering Long Island Sound
Bottomlands Symposium Study of Benthic Habitats July 2004

De Santo RS Coe M Bailey WH Environmental justice assessment and the use of GIS tools

and methods National Association of Environmental Professionals 27 Annual Conference
Dearborn MI June 2002
William H Bailey Ph D Page 6
01 12

Ex

Bailey WH Applications to enhance safety Research to understand and control potential risks Human Factors and Safety Research Volpe National Transportation Systems Center Dutch
Ministry of Transport Cambridge MA November 2000

Bailey WH EMF health effects review EMF Exposure Guideline Workshop Brussels
Belgium June 2000

Bailey WH Dealing with uncertainty when formulating guidelines EMF Exposure Guideline
Workshop Brussels Belgium June 2000

Bailey WH Field parameters Policy implications EMF Engineering Review Symposium Status and Summary of EMF Engineering Research Charleston SC April 1998

Bailey WH Principles of risk assessment Application to current issues Symposium on EMF Risk Perception and Communication World Health Organization Ottawa Canada August
1998

Bailey WH Current guidelines for occupational exposure to power frequency magnetic fields
EPRI EMF Seminar New Research Horizons March 1997

Bailey WH Methods to assess potential health risks of cell telephone electromagnetic fields
IBC ConferenceCell Telephones Is there a Health Risk Washington DC June 1997

Bailey WH Principles of risk assessment and their limitations Symposium on Risk Perception Risk Communication and its Application to EMF Exposure International
Commission on Non Ionizing Radiation Protection Vienna Austria October 1997

Bailey WH Probabilistic approach for setting guidelines to limit induction effects IEEE Standards Coordinating Committee 28 Non Ionizing Radiation Subcommittee 3
3 0 kHz June 1997

Bailey WH Power frequency field exposure guidelines IEEE Standards Coordinating
Committee 28 Non Ionizing Radiation Subcommittee 3 0 kHz June 1996 3

Bailey WH Epidemiology and experimental studies American Industrial Hygiene Conference
Washington DC May 1996

Bailey WH Review of 60 Hz epidemiology studies EMF Workshop Canadian Radiation
Protection Association Ontario Canada June 1993

Bailey WH Biological and health research on electric and magnetic fields American Industrial Hygiene Association Fredrickton New Brunswick Canada October 1992

Bailey WH Electromagnetic fields and health Institute of Electrical and Electronics
Engineers Bethlehem PA January 1992
William H Bailey Ph D
Page
12 01

7

Bailey WH Weiss JM Psychological factors in experimental heart pathology Visiting Scholar
Presentation National Heart Lung and Blood Institute March 1977
Presentations

Shkolnikov Y Bailey WH Electromagnetic interference and exposure from household wireless networks Product Safety Engineering Society Meeting San Diego CA October 2011
Nestler E Trichas T Pembroke A Bailey W Will undersea power cables from offshore wind
projects
affect sharks North American Offshore Wind Conference

Exhibition Atlantic City

NJ October 2010

Nestler E Pembroke A Bailey W Effects of EMI from undersea power lines on marine s
species Energy Ocean International Ft Lauderdale FL June 2010

Pembroke A Bailey W Effects of EMFs from undersea power cables on elasmobranchs and other marine species Windpower 2010 Conference and Exhibition Dallas TX 2010

Bailey WH Clarifying the neurological basis for ELF guidelines Workshop on Practical Implementation of ELF and RF Guidelines The Bioelectromagnetics Society 29 Annual
Meeting Kanazawa Japan June 2007

Sun B Urban B Bailey W AERMOD simulation ofnearfield dispersion of natural gas plume
from accidental pipeline rupture Air and Waste Management Association Health
Environments Rebirth and Renewal New Orleans LA June 2006

Bailey WH Johnson G Bracken TD Method for measuring charge on aerosol particles near AC transmission lines Joint Meeting of The Biolectromagnetics Society and The European
BioElectromagnetics Association Dublin Ireland June 2005

Bailey WH Bracken TD Senior RS Longterm monitoring of static electric field and space charge near AC transmission Lines The Bioelectromagnetics Society 26 Annual Meeting
Washington DC June 2004

Bailey WH Erdreich L Waller L Mariano K Childhood leukemia in relation to 25 Hz and 60

Hz magnetic fields along the Washington DCBoston rail line Society for Epidemiologic

Research 35 Annual Meeting Palm Desert CA June 2002 American Journal of
Epidemiology 2002 155 538

Erdreich L Klauenberg BJ Bailey WH Murphy MR Comparing radiofrequency standards around the world Health Physics Society 43rd Annual Meeting Minneapolis MN July 1998
Bracken TD Senior RS Rankin RF Bailey WH Kavet R Relevance of occupational guidelines to utility worker magneticfield exposures Second World Congress for Electricity
and Magnetism in Biology and Medicine Bologna Italy June 1997
William H Bailey Ph D Page 8

Weil DE Erdreich LS Bailey WH Are 60Hz magnetic fields cancer causing agents Mechanisms and Prevention of Environmentally Caused Cancers The Lovelace Institutes 1995
Annual Symposium La Fonda Santa Fe NM October 1995

Bailey WH Neurobiological research on extremelylow frequency electric and magnetic fields A review to guide future research Sixteenth Annual Meeting of the Bioelectromagnetics
Society Copenhagen Denmark June 1994

Blondin JP Nguyen DH Sbeghen J Maruvada PS Plante M Bailey WH Goulet D The perception of DC electric fields and ion currents in human observers Annual Meeting of the Canadian Psychological Association Penticton British Columbia Canada June 1994
Erdreich LS Bailey WH Weil DE Science standards and public policy challenges for ELF
fields American Public Health Association 122nd Annual Meeting Washington DC October
1994

Charm JM Particle deposition on simulated VDT operators Influence of DC electric fields 10 Annual Meeting of the Bioelectromagnetics Society June 1988
Bailey WH

Charry JM Bailey WH Contribution of charge on VDTs and simulated VDT operators to DC electric fields at facial surfaces le Annual Meeting of the Bioelectromagnetics Society June
1988

Bailey WH Chary JM Dosimetric response of rats to small air ions Importance of relative humidity EPRI Contractors Review November 1986 Charry JM Bailey WH Bracken DOE
TD eds DC electric fields air ions and respirable particulate levels in proximity to VDTs
International Conference on VDTs and Health Stockholm Sweden June 1215 1986

Charry JM Bailey WH Air ion and DC field strengths at 10 ionscm in the Rockefeller
University Small Animal Exposure Chambers EPRI Contractors Review November DOE
1985

Charry JM Bailey WH DC Electrical environment in proximity to VDTs 7th Annual Meeting
of the Bioelectromagnetics Society June 1985

Bailey WH Collins RL Lahita RG Cerebral lateralization Association with serum antibodies
to DNA in selected bred mouse lines Society for Neuroscience 1985

Kavet R Bailey WH Charry JM Respiratory neuroendocrine cells A plausible site for air ion
effects Seventh Annual Meeting of The Bioelectromagnetics Society June 1985

Bailey WH Charry JM Measurement of neurotransmitter release and utilization in selected brain regions of rats exposed to DC electric fields and atmospheric space charge 23rd Hanford
Life Sciences Symposium Richland WA October 1984
William H Bailey Ph D Page 9
12 01

LLh t

Neuroscience 1983

Bailey WH Charry JM Weiss JM Cardle K Shapiro M Regional analysis of biogenic amine turnover in rat brain after exposure to electrically charged air molecules air ions Society for
Bailey WH Biological effects of air ions Fact and fancy American Institute of Medical Climatology Conference on Environmental Ions and Related Biological Effects October 1982

Goodman PA Weiss JM Hoffman LJ Ambrose MJ Bailey WH Charry JM Reversal of

behavioral depression by infusion of an A2 adrenergic agonist into the locus coeruleus Society
for Neuroscience November 1982

Charry JM Bailey WH Biochemical and behavioral effects of small air ions Electric Power
Research Institute Workshop April 1981

Bailey WH Alsonso DR Weiss JM Chin S Predictability A psychologic behavioral variable affecting stressinduced myocardial pathology in the rat Society for Neuroscience November
1980

hydroxylase and social behavior of rats Society of Neuroscience November 1980

Salman SL Weiss JM Bailey WH Job TH Relationship between endogenous brain tyrosine

Bailey WH Maclusky S Appearance of creatine kinase isoenzymes in rat plasma following
myocardial injury produced by isoproterenol Fed Assoc Soc Exp Biol April 1978

Bailey WH Maclusky S Appearance of creatine kinase isoenzymes in rat plasma following
myocardial injury by isoproterenol Fed Proc 1978 37 889

Bailey WH Weiss JM Effect of ACTH 410 on passive avoidance of rats lacking vasopressin
Brattleboro strain Eastern Psychological Association April 1976
Prior Experience

President Bailey Research Associates Inc 1991 2000 Vice President Environmental Research Information Inc 19871990

Head of Laboratory of Environmental Toxicology and Neuropharmacology New York State
Institute for Basic Research 19831987

Assistant Professor The Rockefeller University 19761983

William H Bailey PhD Page 10
12 01
nx

tIy

Academic Appointment

Visiting Fellow Department of Pharmacology Cornell University Medical
College New York NY 1986 present
Prior Academic Appointments

Visiting Scientist The Jackson Laboratory Bar Harbor ME 19841985 Head Laboratory of Neuropharmacology and Environmental Toxicology NYS
Institute for Basic Research in Developmental Disabilities Staten Island NY
19831987

Assistant Professor The Rockefeller University New York NY 19761983

Postdoctoral Fellow Neurochemistry The Rockefeller University New York
NY 1974 1976

Dissertation Research The Rockefeller University New York NY 19721974 CUNY Research Fellow Dept of Psychology Queens College City University
of New York Flushing NY 19691971

Clinical Research Assistant Department of Psychiatry University of Chicago Psychiatric Psychosomatic Inst Michael Reese Hospital and Illinois State
Psychiatric Inst Chicago IL 19681969
Teaching Appointments

Lecturer University of Texas Health Science Center Center for Environmental
Radiation Toxicology San Antonio TX 1998

Lecturer Harvard School of Public Health Office of Continuing Education
Boston MA 1995 1997

Lecturer Rutgers University Office of Continuing Education New Brunswick
NJ 1991 1995

Adjunct Assistant Professor Queens College CUNY Flushing NY 1978
Lecturer Queens College CUNY Flushing NY 19691974
Editorship

Associate Editor Non Ionizing Radiation Health Physics 1996 present
Advisory Positions

ZonMw Netherlands Organization for Health Research and Development 2012 2007 2008 reviewer for National Programme on EMF and Health US Bureau of Ocean Energy Management Regulation and Enforcement 20092010 Canadian National Collaborating Centre for Environmental Health reviewer of Centre
reports 2008

Island Regulatory and Appeals Commission province of Prince Edward Island Canada
2008
William H Bailey Ph D Page 11
01 12

National Institute of Environmental Health Sciences National Institutes of

Health Review Committee Neurotoxicology Superfund Hazardous Substances
Basic Research and Training Program 2004

National Institute of Environmental Health Sciences Review Committee Role of Air Pollutants in Cardiovascular Disease 2004

Working Group on Non Ionizing Radiation Static and Extremely Low Frequency Electromagnetic Fields International Agency for Research on Cancer
20002002

Working Group EMF Risk Perception and Communication World Health
Organization 19982005

Member International Committee on Electromagnetic Safety Subcommittee 3 Safety Levels with Respect to Human Exposure to Fields 0 to 3 kHz and Subcommitee 4 Safety Levels with Respect to Human Exposure 3kHz to 3GHz Institute of Electrical and Electronics Engineers IEEE 1996 present
Invited participant National Institute of Environmental Health Sciences EMF

Science Review Symposium Clinical and In Vivo Laboratory Findings 1998
Working Group EMF Risk Perception and Communication International Commission on Non Ionizing Radiation Protection 1997

S U Department of Energy RAPID EMF Engineering Review 1997
Oak Ridge National Laboratory 1996

American Arbitration Association International Center for Dispute Resolution
19951996

S U Department of Energy 1995 National Institute for Occupational Safety and Health 19941995
Federal Rail Administration 19931996
S U Forest Service 1993

New York State Department of Environmental Conservation 1993
National Science Foundation

National Institutes of Health Special Study SectionElectromagnetics 1991
1993

Maryland Public Service Commission and Maryland Department of Natural

Resources Scientific Advisor on health issues pertaining to HVAC Transmission
Lines 19881989

Scientific advisor on biological aspects of electromagnetic fields Electric Power
Research Institute Palo Alto CA 19851989

Review Committee 1984

S U Public Health Service NIMH Psychopharmacology and Neuropsychology
Consultant on biochemical analysis Colgan Institute of Nutritional Science

Carlsbad CA 19821983

Behavioral Medicine Abstracts Editor animal behavior and physiology 1981
1983

Consultant on biological and behavioral effects of high voltage DC transmission

lines Vermont Department of Public Service Montpelier VT 1981 1982
William H Bailey Ph D Page 12
2 01

vnx E

Scientific advisory committee on health and safety effects of a high voltage DC
transmission line Minnesota Environmental Quality Board St Paul MN 1981
1982

Consultant on biochemical diagnostics Biokinetix Corp Stamford CT 1978
1980

Professional Affiliations

The Health Physics Society Affiliate of the International Radiation Protection
Society Society for Risk Analysis

International Society of Exposure Analysis
New York Academy of Sciences
American Association for the Advancement of Science

Air and Waste Management Association

Society for Neuroscience Brain Research Organization International
Bioelectromagnetics Society

The Institute of Electrical and Electronics Engineers in Medicine Engineering
and Biology Society Conseil International des Grands Reseaux Electriques

William H Bailey Ph D
Page 13
01 12

tij

Summary of Sound Study Results at Delmarva Power 138 Street Substation s
Ocean City Maryland

Introduction

Delmarva Power presently owns and operates a distribution substation in Ocean City Maryland
at the corner of 138 Street and Derickson Avenue Delmarva Power is seeking to expand this
substation further east to allow for the installation of additional equipment to satisfy reliability

requirements for the transmission system in the Ocean City area Since this substation is located in a developed commercial and residential area Delmarva Power is taking special care
to ensure that the installation complies with all applicable laws and ordinances pertaining to allowable sound levels This report summarizes the existing sound levels near the substation

and compares them with the sound expected to be produced by the expanded substation once

it has been placed in service It also details what steps are being taken to ensure the sound
levels from the expanded substation will not adversely impact the neighboring properties
Background Information

A typical substation can contain several pieces of equipment that produce sound continuously during operation The sound is often described as a hum and this type of sound typically
originates
in

equipment such

as

power transformers

Other sources of sound within a

substation can be cooling fans used to cool electrical equipment and heat pumps or air
conditioners for the substation control enclosures

Existing Conditions

The existing station contains two main sources of sound the two power transformers Each
transformer has cooling fans as well which are activated as needed to cool each transformer The substation is surrounded by a chainlink fence and some vegetation these features do not
provide any measurable sound reduction characteristics

On March 10 2011 Delmarva Power asked an acoustics consultant to perform a sound level

survey of the areas near the existing 138 Street Substation Nighttime measurements were
taken between 12am and lam daytime measurements were taken between 8am and 9am

At the perimeter of the existing substation on the sidewalk the levels were found to be an average of 51 dBA at night and 54 dBA during the day This includes all sound sources in the area not just the substation Much of the sound was from traffic on the highway ocean
breezes from the east and distant surf Other sources of sound nearby included a streetlight
and
a

residential heat pump It

was

observed that these ambient sounds masked much of the

sound emanating from the substation The measured total sound across the street north of the

substation averaged 51 dBA at night and 53 dBA during the day The measured total sound
across the street west of the substation averaged 52 dBA at night and 54 dBA during the day

Again these figures represent all the sound in the area not just the sound from the substation

The manufacturer of the equipment proposed to be installed performed a calculation to
determine the sound levels of the existing transformers at several points around the substation
On the sidewalk on the north side of the substation the level is calculated to be 40 dBA On the

sidewalk on the west side of the substation the level is calculated to be 46 dBA These levels are several dBA below the total sound level measurements which indicates that the

background noise is louder than sounds produced by the substation transformers s
Proposed Conditions

The two existing power transformers will remain in place and Delmarva Power will add the static var compensator SVC equipment to the substation which includes the following

equipment that produces sound another power transformer with fans capacitors and
inductors an SVC cooling system with fans and a control enclosure with a heat pump
P Recognizing the importance of controlling sound from the expanded substation Delmarva g g Power

is

purchasing

low sound

equipment for the

SVC

Specifically the new power

transformer capacitors and inductors are special low sound design The SVC cooling system will also use low speed fans to reduce its sound level Additionally the equipment is being installed as close to the ground as possible This helps not only the appearance of the station but also reduces the sound leaving the site compared to if the equipment were elevated on taller structures As a supplemental measure Delmarva Power has proposed in its plans to
install a 15foot high decorative concrete wall around the entire perimeter of the substation

The main purpose of this wall is aesthetics but it will provide more sound reduction than the
chainlink fence and vegetation that presently exists Lastly the new equipment is being located as far south and east as possible thus maximizing the distance between it and residential areas The manfacturer of the SVC equipment has completed a sound study of the expanded substation to show under worstcase operating conditions the sound levels that can be expected in the surrounding areas The results of their study show that sound levels from the

expanded substation in the surrounding areas are calculated to be 42 dBA or less Across the
streets to the north and west at the residential properties the sound levels are calculated to be
40 dBA
or

less

Conclusions

Total sound including background noise around the perimeter of the substation is presently about 51 dBA at night The sound level from the expanded substation is calculated to be 42 dBA or less outside its boundaries The sound levels from the existing transformers excluding

background noise at points outside the substation to the north and west are calculated to be

4046 dBA so the sound level from the expanded substation is expected to be comparable to or better than what exists presently Furthermore the expanded substation sound level is s
calculated to be approximately 9 dBA below the background noise level Each 3 dBA reduction

in sound level results in a 50 decrease in the intensity of the sound This means the sound
intensity from the substation is only about 12 of the sound intensity of the surrounding 5
environment
so

it should be difficult to detect at the

neighboring residential properties

planning

ZOnin9

oMfnission
o Z

ocean City FhYaand
ppO

Case
t p

pate L

B

uZ

y

Upgrade to Delmarva Power 138 Street Substation in Ocean City s
Summary of Existing and Predicted Magnetic Field Levels around the Substation

As you may already know Delmarva Power needs to upgrade its existing substation on 138 Street to
The major component of the upgrade is the installation of a Static VAR Compensator SVC that will stabilize line voltages in the area
help prevent
brownouts and blackouts in the
area

Several residents have asked about the effect of the SVC on magnetic fields around the substation

Magnetic fields are related to the flow of electric current and surround things that generate transmit or

use electricity e substations transmission lines household appliances when they are operating The g
strength of a magnetic field decreases rapidly with distance from its source

Table 1 summarizes our detailed calculations of the magnetic field levels around the substation on 138
Street We calculated both the existing levels around the substation today and the levels that are
expected after the upgrade is complete

The SVC will have only a small effect on the current magnetic field levels The largest increases will occur at locations where there are no residences because of the location within the substation where the SVC is proposed to be installed
Effect of SVC on Magnetic Field Levels

Existing magnetic field levels were calculated at the sidewalks across the streets from the resent substation and compared to calculated magnetic field levels with the proposed SVC in operation
Table 1

Calculated rn gnetic field levels for the existing substation and future o erationst
Average Load in milligauss mG
Peak Load

in milligauss mG
Existing Magnetic Field
Levels

Location with

Respect

to

Substation

Existing Magnetic Field
Levels

Future

Magnetic

Future Magnetic
Field Levels with SVC

Field Levels with

SVC

North

138

Street

2

3

9

10

Roosevelt Avenue
West Demckson Avenue
2

3

5

5

East

10

Sinepuxent Avenue
South
2

20

27

29

137

Street

17

9

10

t Other sources of fields may exist in the areas surrounding the substation and throughout the neighborhood e g
service drops to residences but these have not been modeled
Milligauss is the unit by which the intensity of a magnetic
field is measured

Magnetic field levels vary with the amount of electric current required to meet the needs of Ocean City residents As demand for electricity from the electric system changes the magnetic field levels also change Therefore the magnetic fields were calculated for two levels of electricity demand load average load and peak load In general the best estimate of future magnetic field levels is that associated with average loading For limited times during the year when peak loading occurs the magnetic field levels will be higher as shown in Table 1 The following summarizes the calculated magnetic fields from the existing substation and connecting power lines and the additional SVC equipment at each location surrounding the substation

138 Street Roosevelt Avenue North
The change to magnetic field levels from the proposed SVC on the north side of 138 Street is very
small because the SVC is located near the south end of the substation and field intensities decrease

rapidly with distance The main utility source of magnetic fields at the sidewalk on the north side of

138 Street is the existing 138 kilovolt transmission line for both the present and future substation
configurations
Derrickson Avenue West

On the west side of Derrickson Avenue calculations confirm that the main utility sources of magnetic fields are the existing substation equipment and the distribution lines exiting the substation The additional magnetic field from the proposed SVC will be negligible at this location since the SVC is
relatively far away from Derrickson Avenue

Sinepuxent Avenue East

On the east side of Sinepuxent Avenue the magnetic field at peak loading will be about the same level as it is with the present substation configuration because at peak loading the SVC will not be in full operation it operates more of its equipment during lighter load periods so the fields in this area will continue to be dominated by the existing transmission lines On the other hand during average loading conditions the magnetic field levels in this area are expected to approximately double since the SVC
will be active and relatively nearby

137 Street South
On the south side of 137 Street the situation after installation of the SVC is much the same as the east side of Sinepuxent Avenue

1

Guidelines for Magnetic Field Exposure
The magnetic field exposure limit for the general population that is recommended by the International

Commission on Non Ionizing Radiation Protection ICNIRP is 2 mG In the United States the 000
magnetic field exposure limit recommended by the IEEE international Committee on Electromagnetic s

Safety is even higher 9 mG None of the calculated values of the magnetic fields outside the 040
substation comes close to either of these limits No matter where a person walks or drives near the substation the magnetic field levels are below these recommended limits
Summary

As shown in Table 1 the areas where the increase in the magnetic field level is greatest are to the south
and east of the substation There are no residences opposite these sides of the substation To the north and to the west of the substation where there are residences located opposite the substation the magnetic field levels are not expected to change significantly if at all with the addition of the SVC

Since magnetic fields decrease rapidly with distance Delmarva Power has proposed to locate the SVC as far south and east on the substation site as possible maximizin the distance between it and the residential areas to the north and west and thus minimi the increase to magnetic field levels at these
locations

By carefully designing and locating the SVC within the substation the increase in the magnetic field

levels sidewalks across from the substation on all sides will be small i onboth levels and will be small fraction 1
at

In addition magnetic field
of the ICNIRP standard at

average

peak loading

a

very

these locations

1 ICNIRP is an independent nonprofit scientific organization that conducts research in the field of non ionizing radiation in
collaboration with a number of national and international scientific partner organizations including the Environmental Health Division of the World Health Organization and the Environment Programme of the United Nations

s The Institute for Electrical and Electronics Engineers IEEE is the world largest technical professional society The s
s organization International Committee on Electromagnetic Safety ICES develops its widely accepted standards under an
open consensus process among members of the medical scientific engineering industrial government and military
communities to promote the safe
use

of electromagnetic energy

Planninrl m Z Ati I ltLA 1
L

Case Case
1 1

Oo o Z

ATTACHMENT 12

Upgrade to Delmarva Power 138 Street Substation in Ocean City s
Summary of Existing and Predicted Magnetic Field Levels around the Substation

As you may already know Delmarva Power needs to upgrade its existing substation on 138 Street to
help prevent brownouts

The major component of the upgrade is the installation of a Static VAR Compensator SVC that will stabilize line voltages in the area

and blackouts in the area

Several residents have asked about the effect of the SVC on magnetic fields around the substation Magnetic fields are related to the flow of electric current and surround things that generate transmit or use electricity e substations transmission lines household appliances when they are operating The g strength of a magnetic field decreases rapidly with distance from its source

Table 1 summarizes our detailed calculations of the magnetic field levels around the substation on 138
Street We calculated both the existing levels around the substation today and the levels that are expected after the upgrade is complete The SVC will have only a small effect on the current n agnedc levels The largest increases win Jield occur at locations where there are no residences because of the location within the substation where the SVC is proposed to be instaned

Effect of SVC on Magnetic Field Levels

Existing magnetic field levels were calculated at the sidewalks across the streets from the present substation and compared to calculated magnetic field levels with the proposed SVC in operation
Table 1

Calculated in gnetic field levels for the existing substation and future operationst
Average Load in milligauss mG
Peak Load

in milligauss mG
Existing
Magnetic Field
Levels

Location with

Respect to
Substation

Existing

Magnetic

Field Levels
2

Future Magnetic Field Levels with SVC

Future Magnetic
Field Levels with SVC

North

138 Street Roosevelt Avenue
West Derrickson Avenue

3

9

10

2

3

5

5

East

10

Sinepuxent
South

Avenue

20

27

29

137

Street

2

17

9

10

1 Other sources of fields may exist in the areas surrounding the substation and throughout the neighborhood e g
service drops to residences but these have not been modeled Milligauuss is the unit by which the intensity of a magnetic field
is measured

Magnetic field levels vary with the amount of electric current required to meet the needs of Ocean City
residents As demand for electricity from the electric system changes the magnetic field levels also change Therefore the magnetic fields were calculated for two levels of electricity demand load

average load and peak load In general the best estimate of future magnetic field levels is that associated with average loading For limited times during the year when peak loading occurs the
magnetic field levels will be higher as shown in Table 1 The following summarizes the calculated magnetic fields from the existing substation and connecting power lines and the additional SVC equipment at each location surrounding the substation

138 Street Roosevelt Avenue North The change to magnetic field levels from the proposed SVC on the north side of 138 Street is very
small because the SVC is located near the south end of the substation and field intensities decrease

rapidly with distance The main utility source of magnetic fields at the sidewalk on the north side of

138 Street is the existing 138 kilovolt transmission line for both the present and future substation
configurations
Derrickson Avenue West

On the west side of Derrickson Avenue calculations confirm that the main utility sources of magnetic fields are the existing substation equipment and the distribution lines exiting the substation The additional magnetic field from the proposed SVC will be negligible at this location since the SVC is relatively far away from Derrickson Avenue
Sinepuxent Avenue East

On the east side of Sinepuxent Avenue the magnetic field at peak loading will be about the same level as it is with the present substation configuration because at peak loading the SVC will not be in full operation it operates more of its equipment during lighter load periods so the fields in this area will continue to be dominated by the existing transmission lines On the other hand during average loading conditions the magnetic field levels in this area are expected to approximately double since the SVC
will be active and relatively nearby

137 Street South

On the south side of 137 Street the situation after installation of the SVC is much the same as the east
side of

Sinepuxent

Avenue

Guidelines for Magnetic Field Exposure

The magnetic field exposure limit for the general population that is recommended by the International

Commission on Non Ionizing Radiation Protection ICNIRP is 2 mG In the United States the 000
magnetic field exposure limit recommended by the IEEE International Committee on Electromagnetic s

Safety is even higher 9 mG None of the calculated values of the magnetic fields outside the 040
substation comes close to either of these limits No matter where a person walks or drives near the substation the magnetic field levels are below these recommended limits
Summary

As shown in Table 1 the areas where the increase in the magnetic field level is greatest are to the south and east of the substation There are no residences opposite these sides of the substation To the north and to the west of the substation where there are residences located opposite the substation the magnetic field levels are not expected to change significantly if at all with the addition of the SVC

Since magnetic fields decrease rapidly with distance Delmarva Power has proposed to locate the SVC as far south and east on the substation site as possible maximizing the distance between it and the residential areas to the north and west and thus minimizing the increase to magnetic field levels at these
locations

By carefully designing and locating the SVC within the substation the increase in thetmagnetic field levels on sidewalks across from the substation on all sides will be small In addition magnetic field
levels at both average and peak
these locations

loading

will be

a

very small fraction 1

of the ICNIRP standard at

ICNIRP is an independent nonprofit scientific organization that conducts research in the field ofnon ionizing radiation in collaboration with a number of national and international scientific partner organizations including the Environmental Health Division ofthe World Health Organization and the Environment programme ofthe United Nations

s The Institute for Electrical and Electronics Engineers IEEE is the world largest technical professional society The s
s organization International Committee on Electromagnetic Safety ICES develops its widely accepted standards under an open consensus process among members ofthe medical scientific engineering industrial government and military
communities to promote the safe
use

of electromagnetic energy

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ATTACHMENT 14

Kay Stroud
From Sent To Cc

Rlhocean @aol com Thursday March 15 2012 11 AM 54 Kay Stroud
Blaine Smith

Subject

Public hearing march 20 regarding Delmarva Power substation

Dear Ms Stroud

We would like to have our comments below entered into the record before the hearing which is scheduled for March 20

2012 1 hope that the email will do or do I have to hand deliver a hard copy of the same information to your office
Thank you
Rich

Irene Hansen

March 15 2012

To Ocean City Planning and Zoning Commission Hearing Dated March 20 2012
Ocean City Council

From Rich and Irene Hansen 13yr Full Time Residence of Ocean City

201 139 St Ocean City Maryland 21842
Phone 410 2501154 email RLHoceanna com aol

Subject Proposed Expansion
Ave

of Delmarva Power Substation at

138

St

Sinepuxent

We are not in favor of the expansion at this location for the following reasons
1 The safety of our health we live here full time year round The expansion will double the size of the electro

magnetic field of the equipment that is going to be added and will double the amount of the electro magnetic field around the transmission line that will carry the electricity from the expanded sub station Can the Ocean City Planning and Zoning Commission Ocean City Council and Delmarva Power give us and guarantees that

our health will not be affected by the expansion I think your answer will be no to our question
Delmarva Power owns property behind the Ocean City Library that could be used for the additional equipment It would have a smaller impact on the residential community and would reduce the amount of electro magnetic
fields because there would not be as high a level of concentration since the size of the sub station would be

about what we currently are dealing with today at 138 St and Sinepuxent Ave
2 The expansion of the sub station combined with the existing sub station and the water plant and water tower constitutes an industrial park in the middle of the Caine Woods community The zoning was done after the fact
when the original water facility and electrical sub station were built

3 The value of our property will be adversely affected if the sub station expansion is approved at 138 St and
Sinepuxent
Ave The front

porch

and side

porch which is

our

back

proposed expansion When we purchased our home at the corner of 139 St and Sinepuxent Ave we had a view
of other residential homes from our front and side porch If the view was a sub station we would not have

yard of our home looks directly at the

purchased the home Our point is that if we put our house on the market the perception of a potential buyer would be that it is not safe to buy a home so close to a sub station and the view would not be appealing It is
1

true that the existing sub station was there when we purchased our home however it was not in view of our
home

Continued on page 2
Page 2

4 Delmarva Power did not inform the Caine Woods Community Association of their intention to expand the

sub station until after they had settled on the 4 homes that they purchased to demolish to make way for the
expansion We feel that this was assumed by Delmarva Power to be a done deal and we as Caine Woods residents are forced to accept it The date of the meeting with the Caine Woods Community Association board
on October 28 2012

In summary we are in favor of more reliable electrical service to Ocean City however we feel that if the

expansion was done at 100 St in back of the library it would be more evenly balanced with regard to the safety
and value of our residential communities here in Ocean City

Note If the proposed expansion is approved and out of the control of the Caine Woods Community it has been stated to the residents of Caine Woods by representatives of Delmarva Power in a public meeting held at the ELKs lodge in Ocean City on February 11 2012 that a 20ft or more high wall with landscaping will surround the entire sub station with the approval of the Town of Ocean City We would hope that it would be attractive and well maintained and not become an eye sore to the community
Sincerely yours

Richard L Hansen

Irene A Hansen

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Page 1 of 1

Subj
Date From

Delmarva Power sound and EMF studies

2012 54 M 716 4 P Eastern Daylight Time 29 com delmarva smith2Cc a jim Good afternoon As part of Delmarva Power commitment to keep our customers informed about the Ocean City static var s

compensator SVC project attached are the EMF and sound studies At the February community meeting we committed to providing this information to you and your neighbors 30 days in advance of the
conditional use hearing

Sincerely Jim Smith

Jim Smith Delmarva Power

Senior Public Affairs Manager 410 8606366 Maryland 302 9343342 Delaware
410 2073897 Cell

com smith2@delmarva a jim

This Email message and any attachment may contain information that is proprietary legally privileged confidential andor subject to copyright belonging to Pepoo Holdings Inc or its affiliates PHI This Email is intended solely for the use of the person to which it is addressed If you are not an intended s recipient or the employee or agent responsible for delivery of this Email to the intended recipient you s are hereby notified that any dissemination distribution or copying of this Email is strictly prohibited If you have received this message in error please immediately notify the sender and permanently delete this Email and any copies PHI policies expressly prohibit employees from making defamatory or offensive statements and infringing any copyright or any other legal right by Email communication PHI will not
accept any liability in respect of such communications

Wednesday August 01 2012 AOL EarthAv8or

Summary of Sound Study Results at Delmarva Power 138 Street Substation s
Ocean City Maryland

Introduction

Delmarva Power presently owns and operates a distribution substation in Ocean City Maryland

at the corner of 138 Street and Derickson Avenue Delmarva Power is seeking to expand this
substation further east to allow for the installation of additional equipment to satisfy reliability requirements for the transmission system in the Ocean City area Since this substation is

located in a developed commercial and residential area Delmarva Power is taking special care to ensure that the installation complies with all applicable laws and ordinances pertaining to allowable sound levels This report summarizes the existing sound levels near the substation and compares them with the sound expected to be produced by the expanded substation once it has been placed in service It also details what steps are being taken to ensure the sound
levels from the expanded substation will not adversely impact the neighboring properties
Background Information A typical substation can contain several pieces of equipment that produce sound continuously

during operation The sound is often described as a hum and this type of sound typically
originates in equipment such
as

power transformers

Other sources of sound within a

substation can be cooling fans used to cool electrical equipment and heat pumps or air
conditioners for the substation control enclosures

Existing Conditions

The existing station contains two main sources of sound the two power transformers Each
transformer has cooling fans as well which are activated as needed to cool each transformer

The substation is surrounded by a chainlink fence and some vegetation these features do not
provide any measurable sound reduction characteristics

On March 10 2011 Delmarva Power asked an acoustics consultant to perform a sound level

survey of the areas near the existing 138 Street Substation Nighttime measurements were
taken between 12am and lam daytime measurements were taken between 8am and 9am

At the perimeter of the existing substation on the sidewalk the levels were found to be an average of 51 dBA at night and 54 dBA during the day This includes all sound sources in the area not just the substation Much of the sound was from traffic on the highway ocean

breezes from the east and distant surf Other sources of sound nearby included a streetlight
and
a

residential heat pump It

was

observed that these ambient sounds masked much of the

sound emanating from the substation The measured total sound across the street north of the

substation averaged 51 dBA at night and 53 dBA during the day The measured total sound across the street west of the substation averaged 52 dBA at night and 54 dBA during the day Again these figures represent all the sound in the area not just the sound from the substation The manufacturer of the equipment proposed to be installed performed a calculation to determine the sound levels of the existing transformers at several points around the substation
On the sidewalk on the north side of the substation the level is calculated to be 40 dBA On the

sidewalk on the west side of the substation the level is calculated to be 46 dBA These levels are several dBA below the total sound level measurements which indicates that the

background noise is louder than sounds produced by the substation transformers s
Proposed Conditions

The two existing power transformers will remain in place and Delmarva Power will add the

static var compensator SVC equipment to the substation which includes the following equipment that produces sound another power transformer with fans capacitors and inductors an SVC cooling system with fans and a control enclosure with a heat pump
Recognizing the importance of controlling sound from the expanded substation Delmarva Power is purchasing low sound equipment for the SVC Specifically the new power

transformer capacitors and inductors are special low sound design The SVC cooling system
will also use low speed fans to reduce its sound level Additionally the equipment is being installed as close to the ground as possible This helps not only the appearance of the station
but also reduces the sound leaving the site compared to If the equipment were elevated on

taller structures As a supplemental measure Delmarva Power has proposed in its plans to install a 15foot high decorative concrete wall around the entire perimeter of the substation
The main purpose of this wall is aesthetics but it will provide more sound reduction than the

chainlink fence and vegetation that presently exists Lastly the new equipment is being located
as far south and east as possible thus maximizing the distance between it and residential areas

The manfacturer of the SVC equipment has completed a sound study of the expanded
substation to show under worstcase operating conditions the sound levels that can be

expected in the surrounding areas The results of their study show that sound levels from the
expanded substation in the surrounding areas are calculated to be 42 dBA or less Across the

streets to the north and west at the residential properties the sound levels are calculated to be
40 dBA or less

Conclusions

Total sound including background noise around the perimeter of the substation is presently
about 51 dBA at night The sound level from the expanded substation is calculated to be 42

dBA or less outside its boundaries The sound levels from the existing transformers excluding
background noise at points outside the substation to the north and west are calculated to be

46 dBA so the sound level from the expanded substation is expected to be comparable to or 40
better than what exists presently

Furthermore the expanded substation sound level is s

calculated to be approximately 9 dBA below the background noise level Each 3 dBA reduction in sound level results in a 50 decrease in the intensity of the sound This means the sound intensity from the substation is only about 12 of the sound intensity of the surrounding 5
environment
so

it should be difficult to detect at the

neighboring residential properties

O f2a opf
Z 000v

Exhibit

21 1 2 Case Marylatd City Ocean Zoning Planning

Public Hearing - Conducted in August 7, 2012 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING Applicant Delmarva Power and Light Company Conditional Use Permit Request City Hall 301 Baltimore Avenue Ocean City, Maryland 21842 Tuesday, August 7, 2012 * * * * * * * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 PUBLIC HEARING MS. BUCKLEY: We're going to open the public hearing this evening for Delmarva Power and Light Company, a corporation of the State of Delaware and the Commonwealth of Virginia, File No. 12-121-00002. Pursuant to the provisions of Article II, Division 5, Section 110-121, et. seq., conditional uses, a request has been filed under the provisions of Section 110-304(2), uses permitted by conditional use in the R-2A, low density multi-family residential district, to permit expansion of existing electrical substation. The site of the request is described as lots 1A and 1B as shown on a plat entitled Resubdivision Lot 1, Block 110, Fenwick plat No. 4, recorded in the plat book R.H.O. No. 153, page 75, and lots 2A and 2B as shown on the plat entitled Resubdivision, Lot 2, Block 150, Fenwick plat, and recorded among the plat records in plat book 190, page 60, parcels 2623A and 2624A, map 119 -- 118, correction, further described as located on Sinepuxent and Derrickson Avenues

Zeve Reporting Company 206 South Washington Street Snow Hill, Maryland 21863 (410) 208-4566 (410) 208-4767 Fax Reported by: Kathy A. Zeve

3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 between 137th and 138th Streets, in the Town of Ocean City, Maryland. The applicant, Delmarva Power and Light, a corporation of the State of Delaware and the Commonwealth of Virginia. As we do prior to any public hearing, the -- if anyone has any reason why one of the commissioners should not sit for this public hearing, we need to know now, and then we will, by majority vote, decide whether or not that person shall sit. Does anyone have any objections to the four of us taking part in this public hearing? Let the record state that there were no objections to the four of us. And we will continue with presentation of the staff -- from the staff by Mr. Blaine Smith. And he will be sworn in. (Whereupon, Mr. Smith was sworn in.) THE WITNESS: I do. My name is Blaine Smith, zoning administrator. What I would like to do to set some history of this property, which is already improved with a substation, is to go through some of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

4 zoning evolution. And I'm going to go back to July 20th, 1970. Mayor and Council adopted the first comprehensive zoning ordinance and zoning maps on July 20th, 1970. And at that time, substations for electric, sewer and water even then were conditional use. And in 1974, Delmarva Power and Light received a conditional use approval for the existing substation at this location on the westerly portion of the property that we're now looking at. Then in 1983, as part of a comprehensive rezoning of the Caine Woods area, much of the area west of Sinepuxent was down zoned from R-2 to R-1 as a single family residential district, which included this property in its entirety at that time. And that was in 1983. As part of another comprehensive plan in 1993, this premise was zoned R-1 on the westerly portion of the property where the existing substation exists. The easterly portion of that

Zeve Reporting Company (410) 208-4566 (410) 208-4767 Fax

Public Hearing - Conducted in August 7, 2012 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 property which consisted of two lots at that time were then changed from R-1 to R-2A which is a low density residential district. And it was only those two lots that were made R-2A within that block. Properties south of that area were also made R-2A low density residential. But all of the rest of the westerly portion and the northerly portion of that neighborhood remained R-1. The other part of that 1993 update of our comprehensive plan and zoning maps, part of the zoning ordinance was amended to as a use to prohibit these types of use in the R-1 district and the R-2A district. It was actually a prohibition in 1993 to continue these types of use in the R-1 and R-2A district. That created a nonconformity with the existing electric plant, the substation, so it became nonconforming as a result of the 1993 amendments to our zoning regulations and maps. The premise where these two lots were, were further subdivided at a later date and four dwellings were built on those properties in the mid 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 6 1996 time period. Four permits were issued, four dwellings were built on those subdivided lots. In recent time, DP&L has subsequently purchased those properties and demolished those four dwellings that were built in the 1996 time period. And they also are in preparation of deconsolidating those four lots with the balance of their property. So they would own the whole block as one parcel, and they've got prepared subdivision plats that will go on record showing that they would -- it would be one parcel and be one unified use of the property. They have been in preparation of doing that knowing that they're still subject to your approval of any expansion of that electric substation. Zoning regulations were amended again on September 19th, 2011. Those regulations were to amend the allowed use within the R-2A district, one of which was a conditional use which reinstated the substation in those R-2A regulations as a conditional use. And as the Chairman read into the record, that was the reference that was based on

7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 this conditional use tonight. So now this board does have the authority to hold a public hearing for the expansion of that electric substation as a conditional use. They in turn, after getting all presentation, testimony for those that may be in favor or against, once they receive all evidence and information, they will deliberate and make a finding of fact and make a recommendation to the Mayor and Council on the request. In turn, the Mayor and Council will consider the recommendation and make a final decision on the request. That's what would happen after tonight. So this is a conditional use again, and it's for the expansion of the substation. An application was made on February 21st, 2012, for this hearing request. We did have a scheduled meeting for the conditional use which was on March the 20th, the year 2012, and it was agreed that it would be postponed so that they could -- DP&L representatives could meet with the community and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

8 try to assure them that they could be a good neighbor without creating adverse effect with the redevelopment and the expansion of this property. And they'll explain the necessity of this equipment that they're now asking for and how they will enhance the property and maintain the property in compliance with the zoning regulation. I have also received -- before I do that. In my memorandum that I just read from, I had referenced several things that had been changed over time. I would like to put these as exhibits. These are prior zoning maps and prior regulations that have been amended from time to time to substantiate what I stated in the memorandum that those things did in fact take place and that we do now have the authority to consider a conditional use for the expansion. Plans were submitted with the application, and the presenter on the screen will do a PowerPoint presentation. But we also have a set of site plans and some civil drawings and some technical data to

Zeve Reporting Company (410) 208-4566 (410) 208-4767 Fax

Public Hearing - Conducted in August 7, 2012 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 show the lay of the property as it will be expanded for the new equipment as part of the electric substation. And again, this is on the easterly portion which consists of -- now we have four lots that they have purchased. And the plant has been revised since our last meeting to show a control house -you can't see it yet. There's a control house on that property on the north portion of the property. There is other equipment that is south of that control house going towards 137th Street and somewhat adjacent to Sinepuxent Avenue. One of the primary things that they are doing here that is different than what's on the site right now, they are proposing a 15-foot high decorative wall, which is a solid wall, to buffer the interior use of that site to those adjacent properties. The 15-foot high wall with a -- it has like a brick finish to it -- I'm not sure what the color tone would be -- would be done in such a way that it will set back 10 feet from the lot line 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 10 adjacent to the public sidewalk, and then they would have a landscape buffer around the entirety of the property. Both the wall and the landscape -- and there is a landscape plan as part of the drawings that shows the plant material as they will be seen. And there are some elevations that will be shown to the commission and to the public on the anticipated appearance of that wall and the landscape. There are four entrances that would enter the property, two off 138th Street and two off 137th Street, to service the property and the equipment for access. 137th Street is a 70-foot right of way, and 138th Street is a 70-foot right of way. Derrickson Avenue to the west is a 50-foot right of way, and the Sinepuxent Avenue is a 60-foot right of way. The property to the north, as you see on the plans, is zoned R-1, and those are single-family residential lots and a townhouse project that fronts Sinepuxent Avenue at the corner of 138th Street. The properties to the west on the west

11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 side of Derrickson Avenue, which is the 50-foot right of way, are single-family lots, and they are improved with single-family lots midway to the property to the northwest. The properties to the southwest and the adjacent is zoned R-2A, the same as this property, but they also have single -- well, the water plant's in there as the adjacent property. I'm not sure about the southwest property, if those are residential or not, because we also have a -- I think there's a park up in that neighborhood as well in that sector. So there's R-2A and R-1 on the west portion of Derrickson Avenue. To the south of the 137th Street adjacent is R-2A as well. Directly across the street on Sinepuxent to the east of the project, you have the Elks Lodge and the Bayside Shop-o-rama shopping center. And to the north of that, you have the Fenwick Inn, and south of the Elks, you have the Old Pro Golf. And so, as with his, we do have the water plant directly across from 137th Street. So there's commercial zoning to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

12 east, there's R-2A low dense residential to the south, southwest, and R-1 to the north, northwest at the site. MS. BUCKLEY: Okay. Any questions or comments for Blaine? Okay. MR. SMITH: I do have -- we did run advertisements in the Ocean City Digest, and we reran those advertisements on July 19th and July 26th, the year 2012, stating the time, date, place and purpose of this meeting. We also sent by regular mail, I think it was on July 7th, we sent regular mail to adjacent properties within a 300-foot radius in all directions of this block that this meeting was going to reconvene tonight and its purpose and what have you. We did receive one letter. This probably goes back to February from I think it was Mr. and Ms. Hanson. I think I've shuffled it. And I'll put this into evidence. And it is one of opposition, they're not in favor of the expansion. And that letter came by way of email, so we've had it in the

Zeve Reporting Company (410) 208-4566 (410) 208-4767 Fax

Public Hearing - Conducted in August 7, 2012 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 file after receiving it, but it is part of that record from the conception. MS. BUCKLEY: Okay. MR. SMITH: I believe that's all of the staff comments, unless you want to go through the whole set of drawings. But I think the presenter is going -MS. BUCKLEY: I think the applicant will be giving us that. And then we can bring you back if we have any zoning issues or that sort of thing. MR. SMITH: And the property was also posted both in the early meeting and this past meeting. And we did post it on 137th Street, 138th Street, and Sinepuxent Avenue to give the neighborhood notice. MS. BUCKLEY: Okay. Do you want to hold -- I think the attorney for the applicant has a question for you. BY MR. SMITH: Q For the record, Regan Smith, Williams, Moore, Shockley and Harrison, here on behalf of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 14 applicant Delmarva Power and Light Company. Blaine, just -- and briefly, I've premarked exhibits for the record. I've premarked and submitted Exhibits 1 through 12. And, Blaine, in referring to that, you talked about -- if you could just review what the legal standard is for the conditional use for the commission? A A conditional use is a use that is permitted in the district. However, because of its nature, it may or may not fit all neighborhoods in that particular zoning classification, and that's why it's considered as a conditional use so that you can review to avoid any unnecessary adverse effect. I believe the way the law reads, it's understood that it will have certain impact or adverse effect of sort, but that there's something about this particular neighborhood that will be different if you put it in another neighborhood, the same zoning, that this one would be worse than or better than another neighborhood. So you have to

15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 determine its appropriateness at a particular location. And I believe, as knowing that that was determined somewhat in 1974 with the existing substation, and that -- the neighborhood has already experienced this use, and to expand the use, a conditional use has to be reapplied for if it's amended or added to. That's what they're doing. This is subordinate of the existing substation. So the use is appropriate if you can show that it would not be more adverse or create undue hardship on these neighbors. And to say that much, Jesse Houston, our planning director, didn't -- and almost neglected to do this -- he gave me a memo regarding our comprehensive plan, and this is our 2006 comprehensive plan. And the statement is that "The expansion of certain basic economic activities can be more readily accomplished, provided a public and private utility and surge systems are adequate for the existent and projected town population. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

16 Adequate maintenance and expansion of such facilities is therefore necessary to the physical, economic and social well-being of the town. Therefore, the major goal of the town is to provide for a continued maintenance and expansion of community facilities, and a complete and efficient system of public service is necessary to ensure the health, safety and welfare of the residents and visitors and the economic prosperity of the community." And we've also got a memorandum from Terry McGean. Now, Terry is here. I don't know if I need to read that, but I would like to enter it into the record, both these memorandums, because he does interact with DP&L because of our necessity of public services and adequate public services and the maintenance of those facilities. And I'll enter his memorandum in the record, but he will probably speak to that I would suspect. MS. BUCKLEY: Okay. I would think so. BY MR. SMITH:

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Public Hearing - Conducted in August 7, 2012 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Q I don't know if Jesse can work some magic over there. Blaine, if I may, this is just a copy of the zoning map. And that is in your packet. I believe it is Exhibit No. 3 -- 4, I'm sorry. And the area in discussion, Blaine, is on your map shows is the R-2A? A This is the R-2A and to the south of that, it's showed in the hash lines, that is the water plant which is a governmental facility. And then I believe the other portion may be the park area that I spoke to that is somewhat southwest of the site which is also R-2A. Q So the neighboring utility cluster here is also in an R-2A zone? A Yes. That's the underlying zoning. Q So the only residential zone that abuts this is in the R-1 to the north? A To the north, and I believe that's where the townhouse project is, to the north. Q And this plat is a little unusual in this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 18 area, the Fenwick plat, because the roads are wider than the other roads in Ocean City; is that correct? A Some of the roads are wider. Q And the road provided a 60-foot separation, so to speak, between this use and the neighboring uses to the north and I believe to the south? A They're actually 70-foot right of ways. Q 70-foot? A Yeah. Q So that 70 feet is fairly unique as far as any location in town in providing additional separation? A Yes. Q So that would allow us to utilize our property and maintain the maximum setback we can from any residential or other additional uses? A Yes. Q And at the time -- I'm going to show you some photographs that were taken. And if we can, these are marked previously as No. 12 I believe.

19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 And these photographs are identified as taken in 1971. And when you look at these photographs, would you mind, if you could, pointing out our location? A Okay. They're off the screen. Q So we have, here is the sitting water tower. And in 1971, the only thing in this area was the Old Pro Golf course? A The Old Pro Golf, and then this would be the site. Q And this area at the time had been laid out as a residential subdivision; is that correct? A It was, and those are actually dirt roads at that time. Q For a lot of these areas? A Yes. Q So the area in question, it was determined that it would develop residentially. And at the time the hearing was held in 1974, it was deemed to be appropriate to have a substation in that area? A Yes, because the Fenwick plat had already been reported. So it was cut into residential lots 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

20 in that area at that time. Q And at that time, the planning commission and council determined that was an appropriate use for that area? A Yes. Q And then I'm going to show you a second series -- and we'll submit these for you all to review as well. And these are marked on the back as 1993. And if you could describe for the members what we're looking at there? A Okay. Again, this is the existing substation, and you can see how this is built out prior -- subsequent to that 1970 date. This is the substation, and there were two vacant lots at that time that ran from 137th to 138th Street, and thereafter they were subdivided, four houses were built on them. There were several houses in that area. There were several vacant lots, but there were also several houses. All the streets had been developed, all the sidewalks had been put in, and it was being built out as a residential community.

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Public Hearing - Conducted in August 7, 2012 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Q So since 1993, residential development has come directly next to the substation? A It was within the same block as the substation. Q And then we have this condominium which existed in the late 1970s? A I believe it was, or early '80s, but I think '70s. Q And then there appears to be vacant lots on the north side of that block? A And we've had, like, the prior -- the Fenwick Inn didn't exist in the prior -- and much of Montego Bay evolved after 1969, thereabout, in that particular sector. Q So obviously we have a significant amount of residential development coming towards the substation, and obviously they need electric and utility service to service that entire area? A Yes. Q And I'll submit these as well. And then this final photograph is dated 2010. You can slide 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 that over. A Now -- because that's Coastal Highway. This is the Elks Lodge which has expanded over time. It was a one-story building at one time. In recent years they went two story. And the substation is here. This shows the property with the four dwellings on it that was there in 2010. And most all the other properties have built out in that neighborhood at that time. And we now also have the indoor Old Pro Golf on that corner of 137th Street, on the south side of 137th Street there was an indoor golf course. It was not there at one point in time. Q So this is essentially a built out commercial/residential development at this point? A It's 99 percent built out. Q And the only change since then is these houses are now gone? A They're gone. And there are a few other houses -- in fact, there's one house further north that's been built right now on one of those streets.

23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Q But essentially that's the major change since then would be the property for the substation addition is now cleared? A Yes. Q Okay. And, Blaine, just to touch on the comprehensive plan. The adequate public facilities is one of the factors in the comprehensive plan; is that correct? A Yes. In fact, when the planning commission sends a draft finding of fact, that's one of the things they have to address is adequate public facilities in the town, you know, for a use. In this case, it is the facility to maintain adequacy for that particular type use to maintain or sustainability of electric. Q Since we have this existing site that consists of a substation, it does make sense and it's appropriate to add there rather than an additional location? A From my understanding it does. And I understand that the presenter will go in great 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

24 detail about that expansion and the necessity of it. It is appropriate. Q But it minimizes the impact of the neighboring area because there's already a substation there? A Yes. And I think with the other improvements, it will make it, in my opinion, a better neighbor. Q And the proposal, as you've seen it, they've tried to maximize compatibility with the existing and proposed development for the area, they've added a wall, they've proposed landscaping and done above and beyond in order to try and minimize the impact? A And they've made adjustments to move it as far away from those residences by shifting the control building to the north. It used to be to the south. And it becomes a better neighbor to those adjacent properties than some of the equipment that would have been closer to the residences. So I think they've made adjustments in favor of the

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Public Hearing - Conducted in August 7, 2012 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 residents. Q And the present future transportation patterns, it's not going to impact; in fact, it added parking to the area by taking away the residential uses there? A Yes. Q And you don't expect their use to impact road use by any significant amount? A No, no more than it has done. Q And the population change in that area since the 1970s, these upgrades will allow them to sustain the reliability of the system? A I believe that's the vision or the goal is to maintain that reliability. MR. SMITH: I don't have any further questions of Blaine at this time. MS. BUCKLEY: Okay. Mr. Smith, thank you. MR. SMITH: At this time I would call Jim Smith. MS. BUCKLEY: We better start using 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 26 first names tonight. I see that now. MR. SMITH: The other Smith. (Whereupon, Mr. Smith was sworn in.) THE WITNESS: I do. MR. GREGORY: Please state your name and address. THE WITNESS: My name is Jim Smith with Delmarva Power. Work address is 2530 North Salisbury Boulevard, Salisbury, Maryland. BY MR. SMITH: Q And, Jim, could you state your occupation for the record? A Yes. I work with Delmarva Power and Light as a senior public affairs manager in external and government affairs for the corporation. Q And in that capacity, you present a lot of evidence at these hearings; is that correct? A Jack of all trades, master of none. Yeah. We do a lot of governmental, stakeholder, external affairs work with folks like this and commissions similar to this across the peninsula.

27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Q If you could sort of give us just a brief description on what's going on right now with Delmarva Power as far as your north/south transmission, and then we'll get into your PowerPoint presentation? A Sure. I'll get into some detail about our transmission system that serves the entire peninsula, but -- and we have a poster board graphic that I'll refer to in a bit. But we are a north/south dependent transmission system. We don't cross water at the Chesapeake Bay Bridge, nor do we cross from the Eastern Shore of Virginia to Virginia Beach. We are north/south dependent with the majority of the generation being the northern part of the system. That does pose historically challenges for Delmarva Power, especially with growth along the peninsula, in supporting voltage and keeping reliability constant and stabilized in where it needs to be. And this project is a project that addresses that. Q And your overall DP&L expenditure is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

28 fairly significant throughout the shore to improve that reliability; is that correct? A It is, yes. This year alone we're spending about $142 million on reliability investments throughout our service territory. Q And it's my understanding that the expenditure in Ocean City is in the neighborhood of 23, 24 million? A I think the projection for this project is actually going to be 26 million for the static var compensator. We also have a handful of other reliability projects going in Ocean City, so it would even be beyond that over the next couple of years total. Q And the ultimate goal of all that is to improve the reliability of our system? A That's exactly right. Q And just briefly, before we get into the PowerPoint, all of Ocean City's power essentially comes in from the north; is that -A Yes, pretty much. The backbone

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Public Hearing - Conducted in August 7, 2012 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 transmission system runs from north to south on the Delmarva Peninsula. And it comes down several different -- it cascades down several different ways throughout the peninsula, but that is the primary source, yes. Q And as it enters the Ocean City 137th Street substation, 138th Street substation is where it lands? A Yes. That is the -- we have two landing points essentially from the north from Delaware, and then we also -- we have a bay crossing that comes into 85th Street and loops in basically. But, yeah, that's the northernmost point in Ocean City. Q So this upgrade coming in is going to provide sustainability and reliability to the system throughout the town? A Yes. That's correct. Q Okay. And just before you jump in, could you kind of go over how you presented this over the last year and a half to the town? A Right. We had, I guess as far back as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 30 2010, had worked with the town to, you know, talk about the most appropriate location. And then I guess as recently as last fall actually met with the Caine Woods community board there. We did some correspondence, some letters. We actually hosted an informational meeting this past February at the Elks Lodge to give the community a chance to hear a lot of what's going to be discussed in my presentation this evening. And then -- but had discussed it in detail with the town as far as looking for an appropriate location that would work to support reliability and make it sustainable in Ocean City. Q Throughout this year, one of your main goals in addition to reliability, sustainability has been to minimize the impact on the community that surrounds it? A Absolutely. We want to be a good neighbor. We've provided service in Ocean City for many, many years, and we want to continue that tradition of service. Q And if you could jump in when you're ready

31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 with your PowerPoint. A We can go to the next slide. I'm going to just dovetail on some of the questions that Regan asked me. I'm going to walk through how we look at reliability from a strategic standpoint. I'm going to talk specifically about transmission reliability which is the key element of this particular project. I'm going to discuss the necessity of the statistic var compensator with the expansion at 138th Street. And then I'll provide some of the photos that you've seen, the site plan and landscaping. I'm going to talk a little bit about sound and magnetic field studies that we've done, and then talk about some basic community outreach construction information in the timeline. As you folks know, Delmarva Power has been the provider here for many years. We have about a half million electric customers on the peninsula. Our regional headquarter locally here is in Salisbury, Maryland. Regan asked about reliability investments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

32 And as I said, we're going to spend about $142 million to improve reliability this year throughout our service territory. That's everything from line rebuilding to substation enhancements like this one, circuit upgrades, the replacing of aging infrastructure, the insulation of new infrastructure. At the localized level from a distribution standpoint, we have local engineers that handle that. On the transmission side, we have a transmission department that has to work very closely with PJM Interconnection which is the regional system operator, and I'll discuss that in a little more detail as far as the need. And when we look at loads, we look at load forecasts every year and do a ten-year load forecast. And we look at it as far as demand on the system, and we also look at it from a circuit upgrade point of view on the circuits that need to be modified and modernized. Locally in Ocean City, we have a lot of things going on right now in Ocean City. I met with

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Public Hearing - Conducted in August 7, 2012 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 the Mayor and Council about a month ago to give them an overview of our projects. This is one of them, the SVC project. We're also next year going to be rebuilding a transmission line between our substations between 41st and 85th Street, the Maridel and Ocean Bay substations, to support reliability. And then we have a lot of distribution projects in the queue as well. We've just recently recabled totally Montego Bay. We're actually going to be doing underground cable replacement in Caine Woods, and that's basically replacing old cable that was first put in when those developments came in. So we have a lot of projects going on right now in Ocean City. I wanted to use this. This is a slide that we usually use when we're dealing with our emergency management partners and educating customers on how we restore service. But I thought this was good to give you folks an idea. A lot of people interchangeably use the words transmission and distribution. And on this screen here, the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 34 No. 2 represents -- these large lines here represent what is known as our transmission system. And that is basically the interconnection of high voltage lines that carry electricity from power plants to substations and then in between substations. A lot of our transmission on the peninsula looks just like this, these H frame structures. In Ocean City, it's typically a single pole of high voltage system. But once the transmission -- it then goes into substations like the one at 138th Street and steps down the voltage to distribution level voltage. And this distribution voltage is what actually serves our end users, our customers. So I just wanted to clarify that. Delmarva Peninsula owns and operates most of the transmission system across the Delmarva Peninsula, and we have about 1,500 miles of that that cascade throughout the peninsula. In order to enhance our service reliability here in Ocean City, we're proposing to expand the 138th Street substation to install what's known as a static var compensator. And in

35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 laymen's terms, it's essentially like a booster pump that helps keep electrical pressure, in our case, the electrical voltage constant across our system, and it will give us the ability to distribute electricity when and where it's needed. Two primary functions of this piece of -of the series of equipment that we're proposing to install is that it's going to provide stability in Ocean City. We touched on the north/south issues. Typically the further south you go is where we run into voltage issues. We installed an SVC in western Sussex County, Delaware, about 10 or 12 years ago. We installed one outside the Indian River Power Plant near Millsboro about the same time frame of voltage issues. And what we're seeing in Ocean City from a voltage fluctuation standpoint, we discovered that the need is there to construct this. So we have -- especially during times of high demand like in the summer. It's going to give us the ability to maintain a stronger more sustainable flow of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

36 electricity. And as we said, it's about a $26 million project that primarily benefits customers here in Ocean City, although we don't discriminate between county and state lines. Our circuits run across state lines, so there are some benefits to southeastern Sussex because there are some customers that are served out of 138th Street there. I just want to touch on transmission reliability planning because it's really kind of the backbone of this actual project. As a transmission owner, Delmarva Power and other utilities that own transmission have to work in accordance with standards that are set by several different organizations; FERC, the Federal Energy Regulatory Commission, an organization called NERC, which is the North American Electric Reliability Corporation, and notably PJM Interconnection which is the regional grid operator. PJM basically overseas grid operations in all these colored areas. It's probably 55,

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Public Hearing - Conducted in August 7, 2012 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 60 million customers. It used to be confined to the Mid-Atlantic region, but PJM has grown through the years, and so Delmarva Power and other transmission owners have to work with PJM to basically identify necessary upgrades to the system. PJM outlines specific criteria which Delmarva and other transmission owners need to follow to make sure we keep the lights on. In projects like this one, the analysis that is used to arrive at a project like this, if you see, is not only to keep the lights on under normal circumstances and support voltage, but also to serve customers should something go wrong on the transmission system, basically to have redundancy in place. And our transmission system is built quite that way across the peninsula, not only to repair outages quicker when they happen on the transmission system, but also during the off-season to give us the opportunity to do preventative maintenance. A few details on this SVC. It's all about reliable and sustainable voltage. As has been 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 38 mentioned, the original substation went into service back in the mid 1970s. But we have found that our system is vulnerable to low voltage conditions, and that's why we need to move forward with this project. The primary functions are stable, acceptable voltage levels, the ability to control voltage swings, not only during times of peak demand, but also to control voltages during the off-season. One of the things that we deal with in Ocean City, kind of like the extremes in the population here between summer and winter, we see extremes of course at this time of the year, extremely high demand, but during the wintertime, because of the extremes there, we have to compensate for that and sometimes have voltages used even during the wintertime. So to help us prevent voltage dips and even voltage collapse, which could be in the form of an outage or brownouts which are the dips in voltage, unacceptable dips in voltage. And something that, you know, regular customers, average customers don't think about is stable

39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 voltage. When they turn the lights on, they want the light to come on. But we spend a lot of time making sure voltage is adequate from a safety and reliability point of view. And of course here in Ocean City it has a huge impact on our tourism industry. This I think has been shown. This is just an aerial view that was already shown that shows the entire block. This is the existing substation, and this is what we propose to expand. A few details on the design, the total perimeter footage is about 820 -- I think that should be square feet, a 15-foot wall around the existing substation. It will be about six to eight inches thick. It will be made of precast concrete with a textured face. We're proposing a sandstone golden type of color. We think sand in Ocean City would go well together. There are already two gates for us to ingress and egress out of the current substation. We're proposing two more gates to be able to access 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

40 the equipment within the substation. Those gates are about 20 feet wide. As was mentioned earlier, we propose -there's a ten-foot setback from the property line to the 15-foot wall, and we were proposing a mixture of vegetation, maple, birch and others that are mentioned there, switch grass. From a lighting standpoint, there's very basic lighting that's in all of our substations. It's not bright at all, but it's there for public safety reasons. As far as any brighter type of lighting, the only time that we would use directional or flood spotlighting are when personnel are working in the substation, that's typically at night when there's a problem. We don't typically do any type of maintenance work at night on our substations for safety reasons. And then there's a control room that would be about 13 feet tall. This is one of the site plans, I believe this is the plan that was submitted. If you could

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Public Hearing - Conducted in August 7, 2012 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 go ahead and click to the next one, it's a little bit better photograph that we can zoom in on. I just wanted to walk through some of the equipment, the infrastructure that's going to be in there. This basically shows some of the landscaping that we had proposed. This is the existing substation here where we have a couple of power transformers and circuit breakers. This is the north side of course. This would be where the control house is. The bulk of the equipment on the new expanded part the substation would be in this area, so easterly, southeasterly. Not near the residential side. Right here is a transformer that basically steps down the transmission voltage to be utilized. These are what we call reactors. These reactors are all part of the voltage fluctuation issue. They basically can decrease voltage for us when we need to. And then on the flip side, we have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 42 capacitors and inductors in this area that can actually provide better power quality, and also if need be to boost voltage if we have voltage that needs to go the other way. This is a circuit breaker here. That's essentially on a large scale like a circuit breaker that you have in your house. It's a protective device that protects all the equipment here. So that in a nutshell is what we have inside the substation there. This is a sketch of the proposed barrier wall or decorative wall. And these are custom-made walls. And this is pretty close to I think what we would have. You'll notice the two-tone look here. Some of the walls that are constructed around substations are actually colored on-site, painted on-site. We would not do that. We would have it predone at a factory. We would estimate the color would be something lighter than this. More like a sandstone or a golden, but it would have a textured look to it, more of a decorative finish with the

43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 caps like that on there. And we think esthetically that that would really be an enhancement to the overall site. Right now there's a chain-link fence around the 138th Street substation as it stands. And the vegetation that's been previously mentioned as well. MR. MILLER: That wall would be 10 feet inside the sidewalk? MR. SMITH: Yes. These are -- these are just various -- I have four of these that are just various conceptual views of the top showing what the site looks like now, and what the proposed conditions would look like with the wall. This is the view looking northeast taken from the southwest. Go to the next one. This is the view looking northwest from the southeast. This is a view looking southeast. This is how it is with the water tower in the background, and this is what it would be proposed to look like with the decorative wall. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

44 And then on the fourth corner of the view looking southwest, basically from the northeast, this is what it looks like today, and this is what we would propose it to look like. As I said in my introductory, one of the things that we took on as part of this was to provide information on both sound and magnetic fields. Those are issues that we typically deal with with substation type of work. Based on the work that we've done, we expect the sound from the expanded substation to be comparable to what the existing sound levels are. We certainly comply with all local sound ordinances. We're investing actually in low sound SVC equipment; specifically the new transformer capacitors and other equipment are special low sound design. The cooling system is also built with low-speed fans to reduce the sound level. The equipment is also being installed in what we call low profile fashion. Typically these SVCs, the ones we've installed before, the one at Indian River is out near a switch

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Public Hearing - Conducted in August 7, 2012 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 yard, so it's in a pretty wide open area, but we're investing in more low-profile equipment so they're not as elevated and it keeps it behind the wall so it's out of sight. And the decorative wall itself will provide some sound absorption as well above and beyond the esthetic value. We had acoustic consultants perform sound level surveys of the area. We took nighttime measures between midnight and 1:00. We took daytime measurements between 8:00 and 9:00 a.m. And at the perimeter of the existing substation at the sidewalk, the levels total sound were found to be an average of 51 dBA at night, and 54 during the day. The current town regulations are 55 at night and 65 during the day. And these sounds levels that were taken, they took in total sound. So that's going to include everything, you know, including traffic, weather such as wind, residential heat pumps, anything that's going to be in the area, you know, voices. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 46 And the manufacturer of the SVC has completed a sound study to show that levels can be expected to be comparable of what they are. The results of their study showed that the levels from the expanded substation where the SVCs are going to be are going to be about 42 dBA or less, across the street to the north and west at the residential properties we're calculating about 40 dBA. This graphic just shows there are a lot of these that you can find. This is an industrial noise control one where it basically shows comparative examples of sound levels. So right now we're in this 50 dBA area, sometimes quieter. And this just gives you a scale of different types of sounds. Forty dBA, you know, that's kind of lowest sound of ambient sound in an urban/suburban area. Fifty is a quiet suburb, conversation at home. Sixty, you can, you know, see the different things, background music, all the way up to 80 dBA being a garbage disposal or car going 65 at about 25 feet away.

47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 So from a summary point of view on the sound, we expect the sound level, again, to be comparable to what's there already. As I mentioned, the sound requirements are 55 and 65, night and day, and we expect to comply as we are today. And furthermore, the expanded substation's sound level is calculated to be approximately 9 dBA below the background noise level. So we believe that means a substation should be difficult to detect at the residential properties, especially where we opted to place that equipment on the southeast and easterly portion of the property. The other study that we did was a magnetic field study. Magnetic fields are related to the flow of electric current, basically things that generate, transmit or use electricity, whether they be electrical infrastructure that a utility uses through substations and transmission lines, or things that you use in your house, whether it's a microwave or a coffee maker. They all give off certain levels of magnetic fields. And those 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

48 magnetic fields decrease rapidly from the source as you move away. We believe that the SVC, based on the studies that we've done and the expertise that we've brought in, will only have a small effect on the existing magnetic field levels. And we think a lot of that's because we've designed the substation so that the sources that create the highest fields, that equipment that I pointed out, are closest to the locations where there are no residences. The existing magnetic fields were calculated at the sidewalks across the streets from the present substation and compared to calculated magnetic field levels within the expanded part of the substation. This graph shows you basically the results of that. The highest levels you'll see are on the east side of the substation. If you look at existing magnetic field levels, around ten milligauss. Milligauss is the term that is used to measure magnetic fields. And the reason these

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Public Hearing - Conducted in August 7, 2012 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 numbers are higher -- this is under average load. This is under peak load, probably in the summertime, you know, when customers are using the most. But the existing magnetic fields levels from the north are at two milligauss. We project three on average load, three and ten when you look at peak loads. On the west part, it was two milligauss. We project around three. It was five on both at peak load. As I said, the east side has the highest numbers. And the reason for that is, is because the substation as it stands is connected to our transmission system. And typically you see higher numbers when the transmission lines exist. And there are transmission lines that basically come out of the north and south sides of the substation and come easterly out to Coastal Highway. So -- and we also have distribution underbuilt on those lines. So that's why you see a little bump up there from ten milligauss to 20, and 27 to 29 under peak load. And then on the south side, two to 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 50 milligauss, and nine to ten at peak load. To give you an idea of what that means, I got this from the National Institute of Environmental Health Sciences. We're looking at projections of, you know, 30 milligauss. This gives you an idea of different appliances from six inches, a foot and two feet. A hair dryer six inches away is about 300 milligauss, a can opener 600, vacuum cleaner 300. It diminishes quickly as you move away from it. But you can get an idea. This shows you magnetic fields basically from appliances, things that we can relate to. Some of the guidelines for magnetic field exposure, the limit for the general population that's recommended by an international group called the International Commission on Non-Ionizing Radiation Protection is actually 2,000 milligauss. And in the United States, the magnetic field exposure recommended by the IEEE, which is the Institute of Electrical and Electronic Engineers, is even higher at over 9,000 milligauss. So none of

51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 the calculated values of the magnetic fields at the substation even come close to those limits. And in summary, the areas where the increase in the magnetic field is greatest are to the south and east of the substation where there are no residences. To the south of course is the town's water facility. To the north and the west where the residences are located opposite, the fields are not expected to change significantly if at all. And the magnetic fields at both average and peak loading will be a very small fraction of the international guidelines all around the substation. I'm just about done. I just wanted to point out specifically several enhancements or additions that we have made with this particular project. We have designed low profile equipment, invested quite a bit in low profile equipment, specifically designed to be as close to the ground as possible and not visualized from the street. Also low sound equipment, we're going above and beyond to design equipment -- have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

52 equipment designed that does not affect sound. And then also the decorative wall, and probably in total that's probably an extra $1 million. But, again, we want to be a good neighbor here in Ocean City. We've done business here a long time, and we recognize that. Just a quick tidbit. We talked about the time line. We began the process of finding a location back in 2010, and worked through '11 on that. As I said, we met with Caine Woods back in the fall. We had an informational meeting in February. We sent about 400 letters out to residents in that area. And we had the removal of the homes on the property adjacent to the substation. Based on, you know, what we -- you know, what's decided here, we expect to begin in the fall with construction with a targeted completion of next year, June of 2013. Certainly we'll coordinate with the town on any construction-related issues. I would just conclude that Delmarva Power

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Public Hearing - Conducted in August 7, 2012 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 is committed to not only this community, but of course providing reliable and safe service. We've been, you know, the provider here for many years in Ocean City, and providing reliable energy is of utmost importance to the company. And this project is one from a reliability and sustainability point of view, it really is a necessity based on the studies that we've done and the studies that PJM Interconnection has done to keep voltage at necessary levels and keep the lights on here, especially during the summertime when our economy depends on it. So with that, I would be glad to answer any questions. We also have some subject matter and project team experts who are with us that if there's any specific detailed questions could be available to answer any questions as well. MS. BUCKLEY: Okay. Peck, do you have any questions? MR. MILLER: The gates you're talking about, are they going to match the walls, or what's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 54 that going to look like? MR. SMITH: The gates will match the walls. Yes. MS. BUCKLEY: It's going to be the stone? MR. KESSLER: No. MS. BUCKLEY: You can't give testimony -- if you're going to give testimony, you have to come to the podium. Will it be an iron gate? (Whereupon, Mr. Kessler was sworn in.) MR. GREGORY: State your name and address, please. MR. KESSLER: Sure. My name is Laslo Kessler. My address is 41 Eagle Run Road, Newark, Delaware. MS. BUCKLEY: The question was, what are the gates going to look like? MR. KESSLER: Currently what we're proposing for the gates are a sliding steel gate. We're also evaluating a composite material. As far

55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 as the gate color is concerned, it will match the color of the wall. However, the texture cannot be matched because, otherwise, it would have to be precast concrete. And even with steel, a 15-foot high gate 10 feet wide is close to two and a half tons. So it would be next to impossible. I received some notification from the vendor today that they are looking at a -- almost as a corrugated steel styled gate. We're evaluating a sliding style gate for safety purposes. The wall itself has to be designed for a wind speed of 120 miles per hour. Therefore, there's a tremendous amount of load placed on those gates. So we have to make sure for safety purposes that the gates are stable during a hurricane event. MS. BUCKLEY: Okay. MR. SMITH: For the record Laslo is our transmission civil engineer. He's the lead engineer. He's a DP&L engineer. MS. BUCKLEY: All right. Any other questions? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

56 MR. MILLER: No. The wall just looks -is a significant improvement. I just -- the gates, as long they do the best to blend in and look the same, I think it will make the whole block a little nicer. MR. KESSLER: Yeah, definitely. It's going to be a solid gate, so you're not going to be able to see through it like the wall itself. And just for the record, the wall itself is known as a ledge stone pattern. So it's an imprinted precast concrete. And what they will do is they'll -- like Jim said earlier, they'll color code it within the factory before assembly. MS. BUCKLEY: Any other questions from the commission? Thank you very much. MR. SMITH: And briefly, Exhibits 10 and 11 were the analysis -- summary we did of the sound study and the EMF study are in your packet. MS. BUCKLEY: I just want to make a comment. I will get to questions from the audience shortly.

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Public Hearing - Conducted in August 7, 2012 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Do you have anything else, Mr. R. Smith? MR. SMITH: Terry McGean. I first have to apologize for not calling him earlier. (Whereupon, Mr. McGean was sworn in.) MR. McGEAN: I do. MR. GREGORY: Can you state your name and address? MR. McGEAN: Terrance McGean, 12104 Sugarhill Court, Bishopville, Maryland. I'm the city engineer for the town of Ocean City. BY MR. SMITH: Q And, Terry, for the record, you're -you've been involved in discussions of this project for a significant amount of time? A Yes, sir. Q And basically you oversee all the infrastructure upgrades in the town? A Between myself and Hal Adkins, yes. Q So you will coordinate everything with Delmarva Power and any other utility provider? A Between myself and Hal, yes, depending on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 58 the project. Q And this infrastructure upgrade is a significant enhancement to our current delivery system; is that correct? A In my opinion, given what we've been told by Delmarva Power, it is. We have firsthand seen in some of our town facilities, we've had damage from the voltage drops and voltage fluctuations that happened in town. We've had variable frequency drives which drive our pumps at the wastewater plant get burned up when these things have happened. We've had the same thing at some of our air conditioning and air handling equipment at the Convention Center. The folks at home kind of see it as, well, the lights dim a little bit, and maybe you blow your television. For us it could be tens of thousands of dollars when that happens. Q And you prepared and submitted a memorandum for the board; is that correct? A Yes, sir. Q And that was marked our Exhibit 8. And do

59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 you want to review that for the board? A Basically what we -- what I point out in the memorandum is I give a little bit of history of my knowledge of the grid, PJM grid, the challenges that we face in Ocean City. I tell everybody, you know, you hear it called the grid a lot of times, but what we have in Ocean City isn't a grid, it's a -- basically a single line. It's a number of lines, but all runs in a north/south direction. And it all kind of came to a head in 1999. Some of you all might remember. We had the rolling blackouts in town. At the same time, we were going through electric deregulation, and I wound up through that serving on a couple of committees with the state and Public Service Commission, so I learned more than I ever really wanted to know about electricity transmission and learned of the real challenges we face on the Delmarva Peninsula because of the way that we're served off the grid. The since 1999, Delmarva Power has made quite a few improvements within the town. We have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

60 not had the rolling blackout experience like we have had in the past. So in terms of when they say keeping the lights on, things are much better. In terms of some of the other issues that you're seeing, particularly the voltage fluctuations, or what we call phase drops, we still see quite a few of that. And as I said, that can cause considerable damage to our equipment. We did look -- when Delmarva Power came to us with this project and they were looking at two different sites, this particular site, and then they have a vacant lot at 100th Street which is behind our own parking lot. And that was a site they were initially looking at. But the problem is there's no infrastructure there. There's the existing substation at 138th Street. So the transmission lines, all that infrastructure already exists there. The 100th Street lot would have meant bringing that infrastructure all new into 100th Street, and that meant tearing up Coastal Highway to put things underground. In addition, it meant new

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Public Hearing - Conducted in August 7, 2012 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 towers around that area to put things above ground. And when Delmarva Power came back to us with the option of doing the site at 138th Street, one of the advantages to that, when you look at the city as a whole, is it doesn't mean -- it means we don't -- they are not going to do all those other very disruptive projects that would have been needed at the other site. So in terms of the least disruptive site of what was presented to us, it was this particular site. And in terms of need, at least from what I've seen, the project is necessary. MS. BUCKLEY: Okay. BY MR. SMITH: Q And, Terry, this is consistent with the comprehensive plan, these upgrades? A Yes. That was already stated. MS. BUCKLEY: Any questions by the commission for Mr. McGean? Kay. You're not finished, are you? MR. SMITH: No, I am. And I want to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 thank him. MS. BUCKLEY: Thank you, sir. MR. SMITH: The only thing I wanted to do is just review the legal standard. I know you're familiar with it, but for the record, if you don't mind, Madam Chairman. MS. BUCKLEY: Please. MR. SMITH: The question is not whether the proposed use will have some adverse effect on the surrounding area because that's the nature of a conditional use. The test is whether the adverse effects would be greater or more detrimental at the subject location than would be in result and if located elsewhere in the same zone. And in this case, as we presented, we've got a substation there. This has to be by a substation. This is the least adverse impact that we can generate. We've gone to great lengths to minimize that impact on our neighbors through additional expense, relocation, redesign, reengineering this. 62

63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 And we hope that you like our decorative wall with the 10-foot setback and the additional landscaping on the outside. And that really is the maximum we can set that in and still main our clearances for safety reasons. So that gives us the maximum area to work from or the minimum area to work from on the inside and the maximum public space on the outside to maximize our separation. MS. BUCKLEY: Okay. Does the commission have any other questions of the applicant at this time? Okay. I will entertain citizens' testimony in favor or in opposition. I'll take just citizens' testimony on the application. Yes, sir. Please step up to the podium. (Whereupon, Mr. Gisriel was sworn in.) MR. GISRIEL: I do. MR. McGEAN: Please state your name and address. MR. GISRIEL: Vincent De Paul Gisriel, Junior, 14008 Sailing Road, Ocean City, Maryland, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 21842.

64 And, Madam Chairman, before I testify, I had a series of questions I wanted to ask the applicant; is that appropriate? MS. BUCKLEY: We usually do that after this. So if that's okay, I'm just going by the agenda I've been given. MR. GISRIEL: All right. Then I'll skip to my testimony then. I'm going to go on the record as being opposed to this project where DP&L wants to put it. I live in Caine Woods. I'm .5 miles from driveway to the corner of this property along 138th Street. But by the crow, I'm a lot closer of course. I came down to City Hall and reviewed the file as I understood it to exist approximately two weeks ago. And in reviewing the file, it generated a number of questions on my part that I would like to address -- or statements. And I'll get to my questions when the appropriate time comes. And I'm going to jump right into the issue

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Public Hearing - Conducted in August 7, 2012 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 of the electromagnetic field study. I don't know when that study was done, nor do I know when the sound study was done. Again, that was one of my questions. But the presentation which I think mirrored what is in the file, there may have been some add-ons to that, but basically it's the same, states on page 23. And I don't know if you have that presentation that we just saw, but it states and I quote, "The large increases will occur at locations where there are no residences because of the location within the substation where the SVC is proposed to be installed." And as Mr. Smith pointed out, on the east side I think we saw bump up, as he said, he characterized it as a bump up. I saw a doubling from ten to 20. On the south side, it went up eight and a half times, from two to 17 on the milligauss. And one of my concerns is while they may be addressing issues in the residential side, there are people that work at that water plant day in and night out. We have people there. The water plant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 66 operator's there in the evenings. He may not be there all the time, but he's there part of the shift. To the east -- that's on the south side where the greatest bump up is. To the east we have the Elks Club which is frequented by members on a daily basis. Right now I came past there a little while ago and there's bingo tonight. There are employees there, bartenders, staff, janitorial staff. My concern is that while they're addressing the residential side which is -they should be applauded for that, it leaves the working people and the people frequenting these facilities that much more vulnerable in my judgment. They also say on page 24 of that report, other -- quote, "Other sources of fields may exist in the area surrounding the substation and throughout the neighborhood. That is, service drops to residences, but these have not been modeled." And my question is, you know, evening time, people are getting ready to go out, hair dryers are blowing, TVs are on, the combination of the bump up

67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 that this is proposed along with residential aspects in the community, that hasn't even been factored in as I understand by their own admission. And I'll get into another question when it's time. Now, I'll be honest, I don't know that much about electric current. I'm not a scientist, that sort of thing. But I went online and I pulled up as much information as I could on electromagnetic fields as I think most average citizens do today. And I was intrigued by a series of reports that the World Health Organization conducted and presented to the public, perhaps several years ago, because it's undated and I don't know exactly when -- I can't verify the date it was authored. But they go over a number of issues; definition and sources, summary of health effects, progress in research. It jumps down to current standards, precautionary approaches, et cetera. And rather than read it entirely, I would like to glean from it certain things that stood out to me as far as health issues. And I will say this, that since -- well, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

68 the World Health Organization did commission a study of electromagnetic fields about 1999. And apparently that became the basis for worldwide study. Not only were Americans concerned later on about cell phone usage, but Europeans in particular, Germans, some of the work that was done apparently was done in Germany on some of these studies. But I think the World Health Organization recognized with the burgeoning of technology throughout the world and the growing of third-world countries, they wanted to be able to address the concerns of people, you know, that they had. And most of the studies that have been done indicate that low level electromagnetic fields generally are not harmful to people, but there are cautions and the jury's still out on it. For example, electric fields, it was stated earlier, that run through our lines, they can be blocked by walls, buildings, trees. But magnetic electric -- I mean, electromagnetic fields are not blocked by walls, et cetera. So the 15-foot wall that's

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Public Hearing - Conducted in August 7, 2012 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 proposed may not really be a block at all in that respect. It made hide this plant, but it's not a block per se as I read what the World Health Organization has put together. They also indicate -- moving on. That was from the section entitled definitions and sources. And one of the key notes towards the end that, and I would like to read that into the record reads, and I quote, "Low frequency and high frequency electromagnetic waves affect the human body in different ways." Keep that in mind as I go forward. It goes on to say in the next section, summary of health affects. "Low frequency magnetic fields induce circulating current within the human body. The strength of these currents depends on the intensity of the outside magnetic field. If sufficiently large, these currents could cause stimulation of nerves and muscles or affect other biological processes." Now, one of the aspects of what they call electromagnetic fields or of radio frequency fields 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 70 is that heat's generated. And apparently it's known in the scientific world as -- from what I've gleaned and understand, that that is one of the concerns, how does heat affect the body. And I'm quoting again from this section, "Scientists are also investigating the possibility of the affects below the threshold level for body heating occur as a result of long-term exposure. To date, no adverse health effects from low-level, long-term exposure to radio frequency or para-frequency fields have been confirmed, but scientists are actively continuing to research this area." Again, the jury's still out. And it goes on in the next paragraph. Quote, "The body does not possess adequate compensation mechanisms for all biological effects. Changes that are irreversible and stress the system for long periods of time may constitute a health hazard." Again, quoting from that same section, "It is not disputed that electromagnetic fields above certain levels can trigger biological effects." "In response to growing" -- quoting again,

71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 and this is pertaining particularly to the international EMF, or electromagnetic field project. "In response to growing public health concerns over possible health effects from exposure to an ever increasing number and diversity of electromagnetic field sources, in 1996, the World Health Organization" -- WHO acronym -- "launched a large multi-disciplinary research effort. The international EMF project brings together current knowledge and available resources of key international and national agencies and scientific institutions." Now, that may have been the birth of that study, '96, and not '99. And it goes on to say, "Based on a recent in-depth review of the scientific literature, the WHO concluded that current evidence does not confirm the existence of any health consequences from exposures to low-level electromagnetic fields; however, some gaps in knowledge about biological effects exist and need further research." Going on, "A number of epidemiological 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

72 studies suggest small increases in risk of childhood leukemia with exposure to low-frequency magnetic fields in the home." And it goes on to say, while they have not found it to be that significant -- and I better quote it then. "However, scientists have not generally concluded that these results indicate a cause and effect relation between exposure to the fields and disease. In part, this conclusion has been reached because animals in laboratory studies failed to demonstrate any reproducible effects that are consistent with the hypothesis that fields cause or promote cancer. Large-scale studies are currently underway in several countries and may help resolve these issues. Another area of concern is hypersensitivity." And it goes on to say, "More studies are continuing on the subject." And I would like to quote the key points in this section. Quote, "There's no doubt that short term exposure to very high levels of electromagnetic fields can be harmful to health. Current public concern focuses on possible long-term

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Public Hearing - Conducted in August 7, 2012 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 health effects caused by exposure to electromagnetic fields at levels below those required to trigger acute biological responses." And then in the section entitled progress and research, a key paragraph I thought was important is this. Quote, "There's no convincing evidence for an adverse health effect of electromagnetic fields or a cause effect linked between electromagnetic fields and cancers not been confirmed." And what they're doing, they're quoting those two sentences. "These are typical of the conclusions that have been reached by expert committees that have examined the issue. This sounds as if science wanted to avoid giving an answer. Then why should research continue if scientists have already shown that there's no effect? And the answer lies as simple. Human health studies are very good at identifying large effects such as a connection between smoking and cancer. Unfortunately, they're less able to distinguish a small effect from no effect at all. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 74 If electromagnetic fields at typical environmental levels was strong carcinogens, then it would have been easy to have shown that by now. By contrast, if low-level electromagnetic fields are a weak carcinogen or even a strong carcinogen to a small group of people in the larger population, that would be far more difficult to demonstrate. In fact, even if a large study shows no association, we can never be entirely sure that there's no relationship. The absence of an effect means that there really is none. But just as well it could mean that the effect is undetectable with our method of measurement. Therefore, negative results are generally less convincing than strong positive ones." And again it reads, quote -- and I'm quoting again, all this is quoted, "The most difficult situation of all, which unfortunately has developed with epidemiology studies involving electromagnetic fields, is a collection of studies with weak positive results which however are

75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 inconsistent among each other." And I think I've made my point. It ends in that key note by saying, "The absence of health effects could mean that there really are none. However, it could also signify that an existing effect is undetectable with present methods." Now, the point I've tried to make there, and maybe I've overdone it in that respect, but these studies are inconclusive. We don't know what the long-term effects of expose -- long-term exposure is to low-level electromagnetic fields. And they offer some precautionary approaches. And I would like to read two more sections of them, and then I'll conclude that section -- or that part of my testimony. "One of the objectives of the international EMF project is to help national authorities weigh the benefits of using electromagnetic field technologies against the possibility that a health risk might be discovered. Furthermore, the WHO will issue recommendations on protective measures if they may be needed. It will 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

76 take some years for the required research to be completed, evaluated and published. In the meantime, the World Health Organization has issued a series of recommendations." And one of them, and I would like to read that into the record is quote, "Consultations with local authorities in the public in siting new power lines or mobile phone based stations, siting decisions are often required to take into account esthetics and the public sensitivities. Open communication during the planning stages can help create public understanding and greater acceptance of a new facility." I certainly understand why Mr. Smith and DP&L has come to the community and talked about these issues, but the jury is still out as I say. DP&L should not dictate where this plant goes. Town officials and the planning department should be the ones dictating it because I think that you and the Town Council and the Mayor have a greater, a higher responsibility to protect the public interest, not to make it convenient for the

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Public Hearing - Conducted in August 7, 2012 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 applicant. And one of the other points I wanted to make, you mentioned the comprehensive plan a couple times in various ways. I remember the 1989 comprehensive plan, which was the first one that I ever worked on when I was on the City Council, cited that on July 4th, this town is 12 times as dense as either Annapolis or Washington, D.C., on any given day. And that statistic stuck with me for years. Granted we have a large population of service and DP&L does a great job in my judgment servicing the public. But we have a lot of people packed into this town that could have adverse effects in an area if they're here for some extended time. When I went down to City Hall, and I asked Blaine if there was a time limit. Give me this signal if I'm overstaying my welcome. But I found -MS. BUCKLEY: We'll give you another 30 seconds. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 78 MR. GISRIEL: Are you serious? MS. BUCKLEY: Uh-huh. MR. GISRIEL: Well, then I'm going to skip over the things I found in the plan. But I sold real estate from 1972 to '82. I worked as an assessor in four counties in this state for 28 years. I acquired an appraisal license, a certified residential in 1984, and I still maintain it. In my professional judgment -I've done no appraisal of this situation. But in my professional opinion, the putting of this plant where it's proposed will have a tremendously negative effect on property values. And what affects part of Caine Woods affects all of it. And I think that if they build this as proposed, it will look like a prison at worst and a big box store at best. And I strongly oppose the project. And I would like to come back for a series of questions when that time comes. MS. BUCKLEY: I have one question for you. On all the things that you were reading from,

79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 those were, like, 13 to 16 years old. That --you say it was -MR. GISRIEL: I honestly don't know. I tried to find a date and I tried to find other updated information. Some of this data could be that old. I admit readily. MS. TAYLOR: You said 1996, 1999. MR. GISRIEL: That's when they commissioned the studies. MS. BUCKLEY: Did they have anything that stated what their low levels were, or they just stated low levels? MR. GISRIEL: No. They just described it as low level. MS. BUCKLEY: But they didn't give any numbers? MR. GISRIEL: No, not that I saw. MS. BUCKLEY: Thank you very much. Okay. Step right on up. (Whereupon, Ms. Moulton was sworn in.) MS. MOULTON: Yes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 address.

80 MR. GREGORY: Please state your name and MS. MOULTON: Donna Moulton, 206, 138th. I'm not sure how this process works, so I'm not to ask questions, just to give -MS. BUCKLEY: Well, technically we try to take all the testimony because sometimes your question will be answered by someone's testimony. So we're taking testimony now either for or against the applicant. And then we'll have a question and answer period. MS. MOULTON: I had some exhibits for you if you want to follow. Many of them follow exactly what your presentation was. So I don't know if you want me to give these to you now or afterwards. MS. BUCKLEY: Do you want to take them and we'll just take a look at them and see. We'll let the attorney decide. Yes, ma'am. MS. MOULTON: Start?

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Public Hearing - Conducted in August 7, 2012 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MS. BUCKLEY: Please start. MS. MOULTON: Well, I'll start with -- I don't know if you want to show this up here. I think probably it would be the best. MS. BUCKLEY: What are we discussing? MS. MOULTON: The milligauss that Mr. Smith presented. He put up a -MS. BUCKLEY: That one? MS. MOULTON: That one. Okay. But now I got mine, too, which is in your thing. MS. BUCKLEY: We can only show one at a time. MS. MOULTON: Where do I put this so you can see this? Now, Delmarva Power wrote a letter on th to -- I really don't know who because it July 6 didn't tell us who it went to. I got it. In that letter, he put the attachments, one of them being this milligauss. If you notice right here it says calculated, not actual. They're taking a guess. I had -- when I bought in '98, the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 82 previous owner supplied me with this one there. These are actual readings taken of where they say they are, but they're all towards my side of the house. I live on the north side of the substation. MS. BUCKLEY: Okay. MS. MOULTON: And these are the actual readings taken in '97. When all this came about last year, I asked Delmarva Power to come out and take more readings. So December 16th, they took these readings which pretty much, as far as location, match what was done in '97. But as you can see, everything went higher, much higher, particularly to the northwest of which there is a home located there. They have a 38.5 read. That was in December. This was just a one-shot deal that they took. These are estimated down here, they're calculated. They don't say where. They're just saying on the north, the west, the east, and the south. These readings are specific. I believe that we should have specific readings taken again so we

83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 know what we are starting with today. And more than just north, south, east and west because as you can see by these previous ones, there's a big variation of readings depending on where they stand. MS. BUCKLEY: Understood. MS. MOULTON: As far as EMFs, I agree with the previous speaker. There's many places you can go on the Internet and find conflicting information. Before I go to that, back to these readings. At the Elks Club, I spoke to an outside contractor that Delmarva Power brought, and he told me they had brought -- he had taken ten readings around the substation of EMF. He said he would give them to Mr. Smith to give to me. I asked on February 16th, the 29th, the 19th of March and June 20th for these readings. I haven't gotten them yet. He has replied to all those requests, but no readings. He also has stated that there was a 30-day -- that they would supply things within 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

84 days of this hearing. The first that was ever mentioned was on July 6th. It was never mentioned at the Elks Club. And on all these requests in February, March and June, Mr. Smith never said, "I told you I would give them to you within 30 days of this hearing." You never said that in these emails. So your 30-day limit is a new restriction you gave us. Now to EMFs. The national average of exposure to EMFs is one milligram -- one milligauss -- I'm sorry. Too many pills -- mG. Milligauss in 48 hours. That's in the PEPCO holdings brochure as well as other places of which I have a copy of here if somebody wants to see it. How do you meet this? None of these readings that are actual, not your calculated, are even close to one milligauss. And again, these actuals are just -- they took it for this second. This is not a 48-hour reading that we are being exposed to. Take these figures and do the math over 48 hours.

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Public Hearing - Conducted in August 7, 2012 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 As of December 11th, our average at one point in time is ten milligauss with a high of 38.5. The lowest is 1.5. Again, this is not a 48-hour reading. This is just a one-time reading. The proposed new station, they're something it's going to add 40 more to these. They did say that -- he did say that in the letter even though this doesn't reflect that. And to follow-up on yours, the National Institutes of Environmental Health Sciences suggest the power industry continue current practices of placing power lines to reduce exposure and continue to explore ways to reduce through creation of magnetic fields, which is basically what he just said. In your presentation tonight you gave figures of how much milligauss was safe. And you stated walks or drives by it's safe. What about living under it 24 hours? I don't walk by it. I don't drive by it. You stated 2,000 or even 9,000 milligauss. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 86 I have a report from the same commission that you are quoting that says it should be 1,000 milligauss in 24 hours, which I have that if somebody wants to see it. To go to the health risks that he brought up, my research shows increased risk for childhood leukemia, brain cancer, breast cancer, miscarriage when you are exposed to higher than standard EMFs. As the EMFs go up, the risk goes up exponentially. Now we go to noise. The sound levels were taken on March 10th as he said. That is a Saturday at 12 midnight and 8:00 in the morning. In March, we don't have traffic in Ocean City, especially at midnight or 8:00. 137th and 138th are not through streets, so they don't even really get traffic in the summer let alone March. He says traffic, ocean breezes and surf noises were the ambient sound. I think he's grasping at straws. According to his figures, on the north side, my side, at night, the decibel reading was 51. At 8:00 a.m. it was 53. His calculations of the

87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 existing transformer noise is 40 decibels. That means 12 were surf and ocean breezes. MS. BUCKLEY: He also said residential heat pumps, that was in that as well. And they do create quite a bit of ambient noise. MS. MOULTON: But out of 50 -- an average of 52 on my side, and his estimate for what the current equipment puts out is 40. MS. BUCKLEY: Right. MS. MOULTON: That still only leaves 12. On the west side, it was 54 at night, 52 in the morning, calculations for existing noise Powers's calculations are 46. That means only seven decibels that night were ocean breezes and heat pumps and whatever else. So my math says 77 to 87 percent of the noise on that given day was from the substation, not from ambient noise. They have listed all the new equipment that is going to create additional noise. They stated that the added decibels from the new SVC will be 40 decibels or less to the north and west. Forty 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

88 and 50, we're coming up with 90 decibels when the new equipment is in. And you can take out the 12 ambient noise. I have read in the local papers that you have a 50-foot boardwalk noise restriction. I don't know what that noise restriction is or if that's by decibels. MS. BUCKLEY: Our noise ordinance in town is by from the lot line, and how it's read is in decibels, yes. MS. MOULTON: Do we know what those decibels are for the boardwalk? MS. BUCKLEY: Mr. Smith -- Mr. Blaine Smith can give us those I believe. MR. SMITH: A recent regulation for noise control on the boardwalk was to be taken 30 feet in front of the establishment, which was the width of the boardwalk on the east side, and if it measured more than the prescribed 55 at night and 65 daytime, it would have to be turned down. So it was with a 30-foot distance from the establishment.

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Public Hearing - Conducted in August 7, 2012 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MS. MOULTON: What were the numbers again, Blaine? I'm sorry. MR. SMITH: You had the 30-foot width of the boardwalk. MS. MOULTON: No. The decibels. MR. SMITH: I believe at nighttime if it measured more than 55 at night, they would have to turn it down,and daytime was 65, and you would have to bring it down to those levels directly in front of those stores. MS. BUCKLEY: That's 30 feet away from the store. MR. SMITH: Yes. MS. BUCKLEY: Okay. Peck has a question. MR. MILLER: Blaine, concerning those decibels, Delmarva Power has to stay within the 55 and 65 for this new project also, correct? MR. SMITH: Because of the residential district, yes. MR. MILLER: Right. So they'll be below 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 90 those levels, ma'am, otherwise they won't be allowed to operate. MS. MOULTON: No, they won't be below them. They already took readings that are 50 -MS. BUCKLEY: Well, they're going to have to go halfway into the -- they're going to have to go to the mid street because -- well, your streets are 70 feet which are extremely wide. So 30 feet would take you almost to the middle of the street to take the reading. MS. MOULTON: Okay. MS. BUCKLEY: I'm not sure where these readings were taken. MR. SMITH: I think she's inadvertently adding them together. It's a total number. It's not -MR. MILLER: I understand that. But that's what I'm saying. What I'm just saying is Delmarva Power is going to have to comply to town of Ocean City noise ordinance no matter what. MS. BUCKLEY: Right. They will not --

91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MR. MILLER: If they're not complying, they won't be operating. MS. BUCKLEY: They will not be over 65 decibels during the daytime, nor will they be over 55 during the night. MS. TAYLOR: Well, that's boardwalk. That's residential. MS. BUCKLEY: Yeah. Residential is even less than that. MS. MOULTON: And what is residential? MR. MILLER: Actually, it's the same. MS. BUCKLEY: I think they're the same, aren't they? MR. MILLER: Yes. It's the same. MS. BUCKLEY: Yes. It's the same. I'm sorry. MS. MOULTON: Fifty-five, 65? MR. MILLER: Yes. MS. BUCKLEY: Correct. So they will not be -MS. MOULTON: But we're already at 52 at 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 midnight.

92 MS. BUCKLEY: Well, it's not over 55. MS. MOULTON: No, it isn't, but we haven't added the other half. MS. BUCKLEY: Well, then they have to take measures to -- and here again, I don't think it can -- it will necessarily be a -- what's the word I'm trying to -- a cumulative idea. It will be what it is together. They'll be operating some systems at one time, some at another probably, but they will not be over those decibel levels, 55 night and 65 during the day. MS. MOULTON: I gave all my exhibits out. Can I get one back? MS. BUCKLEY: Okay. MR. SMITH: If I could just clarify for the record, the 30 day she's talking about, we were asked at that meeting by Councilman Cymek and Councilman Knight to send the information out 30 days before the hearing, so we did. That was what we had agreed to do at their request. So I'm not

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Public Hearing - Conducted in August 7, 2012 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 sure -- I don't see the penalty. We were trying to get the information out so people would have time to look at it. And I think we're misconstruing the sound study. You're not adding the two together. The sound study is the total numbers that it will project. MR. MILLER: And you do realize you have to comply with the town noise ordinance? MR. SMITH: That's why we did the sound study. MS. BUCKLEY: Anything else? MS. MOULTON: This is your letter. The manufacturer of the SVC equipment has equipment -has completed a sound study of the expanded substation to show under worse case the sound levels can be expected in the surrounding areas to be 42 or less. MS. BUCKLEY: Right. That's -MS. MOULTON: We're at 50, but what if it's 40? What's less? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 94 MS. BUCKLEY: Ms. Moulton, let me explain something. It's not -- right now you're at 52. MS. MOULTON: Right. MS. BUCKLEY: It's going to be 40, 42 after the completion of the project for the entire substation. The new equipment that they're using has got many different types of sound deadening things on it, you know, for lower sound. So it's going to be actually -- it's going to be quieter than it is now according to that study. Now, we still have -- what do you have, 17 -- no. For the nighttime you would have 13 decibels lower than what is the ordinance. So 55 is what the ordinance is at nighttime. The study, they're calculating the total substation decibels at between 40, 42. So it's going to be under the -right now that's what they're -- it has to be. But you don't add the 40 to the 50 because they're two separate things. MS. MOULTON: Okay.

95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MS. BUCKLEY: Okay. MS. TAYLOR: And the wall will be absorbing some of the sound. MS. MOULTON: I'm sorry? MS. TAYLOR: The wall will be absorbing some of the sound. You don't have a wall now and -MS. MOULTON: I understand that. I'm just reading his letter, and the way I read it, it was, we did this at 50, we calculated the new substation to be 40. To me, you add them. MS. BUCKLEY: No, because it would be the whole thing. MS. MOULTON: Even the existing. Were the cooling fans that are there running? I don't know. But I can tell you the cooling fans are by far the loudest thing there, of which you've got a bad bearing in one right now. MS. BUCKLEY: Well -MS. MOULTON: And we're going to have cooling fans on the other side. MS. BUCKLEY: Right. The only thing I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

96 can say is, it would be the -- if the wall would put in some -- you know, would absorb some of the noise. Maybe we can use the ones that they use on the highways, you know, that concrete thing that are built for noise absorption. I don't know. But they have to be under 55 and 65, period. MS. MOULTON: What if they aren't? MS. BUCKLEY: Then they shut down. MS. MOULTON: That's a question, right? MR. MILLER: Well, town enforcement takes care of that. That's not a zoning issue. MS. BUCKLEY: No. They're not going to -- you know, they have to take precautions, or they have to downsize, whatever they would need to do. MS. MOULTON: Do we need to address that issue tonight or -- as far as I'm concerned it should be cleared up tonight. But I don't know if this moment is the time or later. MS. BUCKLEY: I don't believe this moment is the time because that's an enforcement

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Public Hearing - Conducted in August 7, 2012 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 issue. MS. MOULTON: I think that's it on the EMFs and the noise levels. Someone else had something. MS. BUCKLEY: Anybody have any questions? Thank you, Ms. Moulton. Yes, sir. (Whereupon, Mr. Hanson was sworn in.) MR. HANSON: I do. MR. GREGORY: Please state your name and address. MR. HANSON: Richard Hanson, 201 139th Street, Ocean City, Maryland. My wife and I are a 13-year permanent resident of Ocean City. We just want to get on the record that we are opposed to the expansion of the substation. I have a lot of the same information that Vince gave and that Donna just gave. So I'm not going to bore you with more scientific data. Basically we are concerned about the health issues, as all of you would be if your home was in, you know, the proximity of the substation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 98 And we would like to get the EMF issue cleared up and make sure that we do have a base to go on that we know exactly what the EMFs are. I don't think that what we've been given is the correct information. Now, I don't know whether Zoning and Planning needs to do a separate study apart from the power company to come up with what would be the base, but something has to be done about that. And then I would like to see going forward that we that are living in the proximity would be given an annual report on those EMFs because things can change. I don't know whether that comes under enforcement, as Peck said, but, you know, that would be something going forward I would like to see. Also, as far as the wall and the shrubbery, another area that, you know, if this thing is going to go forward, I would like to see that policed a little bit better than some of the substations have been taken care of in the past. Again, I guess that comes under enforcement.

99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MS. BUCKLEY: Right. MR. HANSON: And we would like to see some guarantees from either the city or the power company that we're not going to have health problems 15, 20 years from now. I am hoping I live that long. But those are things that we would like to have. And if we can't do that, you know, if we have to err, I would rather err putting the thing on 100th Street, even though it's going to cost additional money, I think health is more important than money. And I think that should have been discussed before they paid the exorbitant amount of money that they paid for the homes. The homes were bought way over market value. Some of you are in real estate, and I think you know what I mean. Homes that were bought in foreclosure were given a million dollars for. That doesn't sound like a sound business practice to me. It sounds like pushing people out to make something done the way they want it. We had asked that this be postponed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

100 tonight. I'm happy to see that we do have many residents from Caine Woods here. But the president of our community association asked that it be canceled because this is National Night Out, and we probably would have a lot more people here at the hearing. But for some reason, it couldn't be canceled because that would delay implementation of getting everything done which, from our standpoint, feels like, is this a done deal before we even came in? And that was one of the perceptions that the community had when the homes were bought and torn down immediately. There wasn't even an effort to have those homes -- you know, we have many people without homes in this world today. Those homes could have been easily moved. Plenty of time to do it. And I think that there are a lot of people that would have paid something for those homes, too. But it sounds like -- again, the perception of the community was, this is a done deal. Let's get them out there quick so we can get on with our business. So I would hope that, you know, you can

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Public Hearing - Conducted in August 7, 2012 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 you take all the information, which I'm sure you will, from our standpoint. We obviously haven't spent millions and millions of dollars in the community. A lot of us have done a lot of work in the community. We pay our taxes, nowhere what they spend in the community, but I think we're still important. And I appreciate you hearing me. Thank you. MS. BUCKLEY: You're certainly welcome, Mr. Hanson. Anyone else have any testimony for tonight? Yes, sir. (Whereupon, Mr. Davis was sworn in.) MR. DAVIS: I do. My name is Bruce Davis. I live at 310 138th Street. I'm probably the closest house to the facility as it stands right now. I don't know how wide Derrickson is, what, 35 feet? MR. SMITH: Derrickson was 50. MR. DAVIS: Fifty feet wide? MS. BUCKLEY: Yes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 102 MR. SMITH: Yes. MR. DAVIS: Well, I'm about 60 feet from it. At any rate, I just voice my concerns. Noise studies have been done. EMF studies have been done. I would -- what the gentleman was saying about the real estate values. How about a study on that? Is my property going to suffer? I think it would be harder to sell my house with a larger facility there now. With the smaller facility, it's always been there, and I knew that when I bought the house. But now it's much larger, and it makes a difference, and the water plant's there, too, is a negative factor, but that's always been there. But those four houses on the other side. Wow. I loved them being there. They were kind of a buffer, still made my house part of the neighborhood with a small little electric facility in the middle. Now they're gone without a buy your leave, disappear. I didn't like that at all.

103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I just wanted to voice my opinion. I don't like the facility expanding. It makes me feel like I'm living on the boundary of an industrial park rather than in a neighborhood. MS. BUCKLEY: Let me ask you this. Is there anything that you thought of that you would rather look at than what they're proposing? MR. DAVIS: Well, I see the backside of it. It's not going to change much from my perspective except for the wall, and I hope they do a better job with the -MS. BUCKLEY: Landscaping? MR. DAVIS: -- landscaping because it's terrible now, always has been. I don't -- it's not going to change much from where I am other than the wall. I guess it will look better. I think it probably will end up looking like a prison, but what are you going to do? I don't know whether it will look better than it does now or not. But it's just -- I don't like the whole 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

104 facility becoming bigger. And then they can tear down another house and make it even bigger. That's it. MS. BUCKLEY: Thank you, sir. Does anyone else have any testimony for the public hearing this evening? All right. We're going to close testimony now. And at this point we will have questions and answers by the commission. Does the commission have any questions they would like to bring anyone up for at this point? The applicant, and then we'll be going to the -- I think what I'm going to do is I'm going to ask the audience if they have questions, and we'll get those questions out of the way first. So, anyone have a question of the applicant? Yes, Mr. Gisriel, please step back up. Just be reminded that you're still under oath. MR. GISRIEL: Okay. MS. BUCKLEY: Yes, sir.

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Public Hearing - Conducted in August 7, 2012 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MR. GISRIEL: Right. This facility, as I understand it, Mr. Smith, is designed to control voltage and fluctuations as you testified. If it's built where you proposed, will that have an impact on 85th and the Convention Center substations down the line? MR. SMITH: Well, the -- when we talked with PJM Interconnection, it was pinpointed that the location needed to be somewhere in North Ocean City. And this is what seemed to be the most appropriate location because it had to tap directly into the existing transmission structures. And we have transmissions that already run out of 138th Street. MR. GISRIEL: I understood that. But my question is, will what you do there benefit the other substations? MR. SMITH: It's going to benefit all of Ocean City. It is going to -- it is going to control voltage. MR. GISRIEL: If this improvement will 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 106 serve part of Sussex County and eastern Worcester as your handout indicated, could the same thing be done in a remote area next to another substation at that point, either in eastern Worcester, in a rural area, or Sussex County in a rural area along your route, so to speak? MR. SMITH: I'm not sure he's the appropriate one to answer that. MR. GISRIEL: Well, whoever. MS. BUCKLEY: Do we have anyone here that can answer that kind of question? MR. SMITH: Yes. If you have another question for Mr. Smith. I don't know if you want to jump around. MS. BUCKLEY: Right. Let's try to get all for Mr. Smith, and then we'll hold that question for the appropriate Delmarva personnel. MR. GISRIEL: All right. Are there going to be any chemicals or hazardous materials stored on the site? And a side comment to that, or question, will it increase any existing hazardous

107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 materials or chemicals? MR. SMITH: To my knowledge, no, but we'll get clarification. We have an environmental expert on our team that can speak to that. MR. GISRIEL: All right. How will the fire department access the facility in the event of an emergency? MR. SMITH: How will the fire department? I guess that would probably be a question for the fire department. I mean, I don't know -MR. GISRIEL: Well, wait a minute now. MS. BUCKLEY: That will be handled through the -MR. GISRIEL: You have four doors. How will emergency personnel access your facility in the event of an emergency? MS. BUCKLEY: I believe through the town, that they have -- they are given -- granted some sort of access code or something, access keys for any type of facility like that. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

108 MR. GISRIEL: Okay. The -- in your handout, you wrote -- or quoted on page 19, "The equipment is being installed as close to the ground as possible rather than on elevated structures. This helps not only the appearance of the station but also reduces the sound leaving the site compared to if the equipment were elevated on taller structures." I've been curious about flood issues. Obviously we're all in a flood prone area. If you got equipment that is essentially on the ground -MR. SMITH: It's not going to be on the ground. It's not going to be as high as -basically, we have breakers and what we call bus work out of the existing substation that you can see well elevated above the fence. This equipment will be lower than that. It will be below the 15-foot wall. It won't be on the ground, but it just will be a lower profile than some of the existing steel structures that are in the existing substation. MR. GISRIEL: I noticed in the plans

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Public Hearing - Conducted in August 7, 2012 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 there were no specs on equipment showing elevation or side use. Do you know the height of it off the ground? MR. SMITH: It will meet all applicable codes. We can get the exact height off the ground for you, sure. MR. GISRIEL: I appreciate it. MR. SMITH: It has to meet certain safety criteria from our industry, and all that will be met. MR. GISRIEL: And this EMF issue, do you know or does one of your experts know, does that impact a water plant in the sense of does it affect water in any way? MR. SMITH: We have an EMF expert here that can speak to that. MR. GISRIEL: I would like to hear that. And the EMF -- I heard Ms. Donna testify earlier that the sound study was done on May 10th. Is that an accurate statement? MS. BUCKLEY: March. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 110 MS. MOULTON: March. MR. GISRIEL: I'm sorry. What did I say, April? March 10. MR. SMITH: Right. MR. GISRIEL: When was the EMF study done? MR. SMITH: I think Dr. Bailey would be able to testify to that. MR. GISRIEL: Okay. Whoever. And I did have a question of Blaine, if I may. Blaine, you mentioned the '93 comprehensive plan changed the existing power plant to R-1, and then the front -this subject property R-2A? MR. SMITH: It was already R-1, and it made the subject property R-2A in 1993. MR. GISRIEL: Okay. And then later on when the Chairman read into the record the citation for this hearing, you indicated that the conditional use was reapplied by some action after '93 for the existing power plant. MR. SMITH: Not the existing power

111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 plant. For the subject property. The R-2A and the R-1 district in 1993 prohibited substations. And in 2011, the Mayor and Council created another code amendment to allow substations as a conditional use in the R-2A district, and that's how we got here tonight. MR. GISRIEL: So did it grandfather the existing substation in the -MR. SMITH: It's still nonconforming. It's still in a nonconforming status. MR. GISRIEL: So this is a use -- an acceptable use if it meets the code and the criteria in an R-2A? MR. SMITH: Yes. MR. GISRIEL: That answered my question. MR. SMITH: In conjunction with the existing substation. MR. GISRIEL: Right. Okay. If I could go back to those questions with the experts. MS. BUCKLEY: Okay. We need -MR. SMITH: And I think I can answer the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

112 one question, he asked about the exact location. And much of that was dictated by PJM Interconnection, that it had to be in North Ocean City where we have two substations above the Route 90 bridge at 85th Street, or Ocean Bay substation, and 138th Street. And it was found that this was the most appropriate location because there was the potential to expand there and tap directly into the system. So that was really something that was dictated by PJM that it had to be in northern Ocean City for the benefit of the system. MR. GISRIEL: Thank you for that answer, but let me elaborate a minute. While PJM may have dictated that it be there, it appears to me that DP&L, in your community relations, would also consider other sites north of that in remote areas, be it eastern Worcester or southern Sussex. It might not have the same adverse impact on the community. And, you know, it just seems to me you have some wiggle room there. But that's my opinion. Anyway, if I could get --

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Public Hearing - Conducted in August 7, 2012 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MS. BUCKLEY: Okay. We need the environmental for the hazard chemicals and the flood. MR. SMITH: Let me ask this. Are there any other questions from anyone else before we -rather than have everybody jump around, if we -MS. BUCKLEY: Does anyone else have any questions for Mr. Jim Smith? Please step forward, Ms. Moulton. Can we put him beside you so we've got everybody up here? MR. SMITH: Did you have a question, Ms. Moulton? MS. BUCKLEY: We need to swear in the new -- where did their guy go? MR. SMITH: She was asking Mr. Jim Smith a question. MS. BUCKLEY: Go ahead, Ms. Moulton, ask Jim his question. MS. MOULTON: On the blueprints, on page six, it says the wall is going to be 10 feet. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 114 MS. BUCKLEY: No. The wall is 15 feet. It's going to be 10 feet back from the property line. MS. MOULTON: I understand that, but if you look at the blueprint on page six, it says it's 10 feet. That's not the setback. It says the wall is 10 feet. MR. SMITH: If that's what it says, then that's an error. It's going to be 15 feet. MS. MOULTON: I'm sorry? MR. SMITH: I said, if it does say 10 feet, it is going to be 15 feet. It is going to be 15. MS. BUCKLEY: We'll make that correction, I mean, if this goes forward. MS. MOULTON: The new lights and the current lights, will they be below the fence line level? MR. SMITH: When Mr. Weber comes up, we'll have him answer that. My hunch is they'll be above the fence line level to provide light in the

115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 substation. It will be focused in the substation area, not -- we have streetlighting out on the premise already. MS. MOULTON: The reason I ask the question is because you're adding lights, and as it is now, the lights that are there, when they accidentally get left on at night, they shine right into my house and they are bright. That's why I was hoping it will be below the fence. MS. BUCKLEY: Ms. Moulton, all you need to do is call that zoning administrator over there and he'll come and read that light, and if that's shining on your property, it's got to be changed. We need to redo the lights or whatever because it's not supposed to shine off their property. MS. MOULTON: I'm not saying that it lights up my house. I'm saying I can't look out my front window because it's -MR. MILLER: The enforcement officers have light meters. MS. BUCKLEY: Right. And with that, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

116 there is a -MR. MILLER: We have codes that are to be enforced. MS. BUCKLEY: That set that light -MR. SMITH: I believe Mr. Smith's previous testimony was, there are lights that they turn on for service work, but typically that's not at night. But they have them there if they have an emergency. MS. BUCKLEY: Right. If there's an emergency where they have to come in, but if it's every night -MS. MOULTON: No, it's not every night. I'm not saying that. I'm just saying there are times that I think it accidentally gets left on. That's why I was hoping that one and the new ones would be below the fence line so nobody has to be bothered by them. Then on the blueprints there's a chain-link fence that goes kind of up the middle of the new addition. Why is there a chain-link fence

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Public Hearing - Conducted in August 7, 2012 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 in there? MR. SMITH: I think that's the lot line you're referring to. MS. MOULTON: It says chain-link on the blueprint. MR. MILLER: What page are you talking about? MS. MOULTON: It may be page three, the actual -- I don't know. The one I have is, like, a six pager. MR. SMITH: It's the actual existing lot line where there is a fence that's going to be taken down. MS. MOULTON: Oh, is that what you're -MS. BUCKLEY: Yeah. It's the existing fence. MS. MOULTON: So it will be taken out? MR. SMITH: I think it's a personal safety fence that's going to stay there to separate the -MS. MOULTON: Personal safety of who? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 118 MR. SMITH: The people working in there. MS. BUCKLEY: The workers. MS. MOULTON: I guess the reason I ask is -MR. SMITH: It's inside the wall, so you won't see it. MS. MOULTON: If you didn't have the fence, then you would need gates on 138th. Everything could be down at the water plant. MR. SMITH: No. MS. BUCKLEY: Okay. Well, that's a design element for -- that they've come up with. So we'll have to -- I think they need the access on all four sides. MS. MOULTON: Why? Sorry. Why? MS. BUCKLEY: Well, as -- just as a common person, they've got it on two sides, and not on four sides, but on the two sides, and it would seem to me that -- that to make it a workable site if you're bringing in equipment and this, that and the other.

119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MS. MOULTON: I understand why they need them -MS. BUCKLEY: Emergency. MS. MOULTON: On both sides now because they can't access the north end from the south end. But with the new addition, if there is no chain-link fence, you can access the whole place from the side. MS. BUCKLEY: Well, I'm not going to argue with them on their safety. I'm not a safety expert. If they say they need it for safety and it's inside the perimeter, then that is -MS. MOULTON: I agree if it's a safety issue, that's why I asked why it is there. MS. BUCKLEY: It's a safety issue. MS. MOULTON: Okay. The sidewalks. As it is today, they don't meet ADA requirements by any stretch of the means, 137th and 138th. We can't even use them if you're able bodied. While if you're doing reconstruction can you do something about those sidewalks so that people can actually use them? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

120 MR. SMITH: That's really a question for Terry McGean, the city engineer, not -MS. MOULTON: It's your stuff that's in the sidewalks. MR. SMITH: It's the city sidewalk. MS. MOULTON: Okay. Whoever I have to ask that question to, I'm asking. MS. BUCKLEY: The city is already doing that. They're changing the sidewalks all up and down town to make them ADA accessible. They probably just haven't gotten to yours yet. MS. MOULTON: All right. I didn't know whose issue that was. It's -- all the light poles are in the sidewalks. MS. BUCKLEY: That's something that the city -- that's a city engineering issue. It's not their particular issue. I just need to make a new statement. It appears we're bringing in some new testimony. I'm going to allow it for a while unless it gets too over the top. But we did close the testimony, but

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Public Hearing - Conducted in August 7, 2012 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I'm going to accept this and the one with the new Delmarva Power team member to take care of that one question. So do you have any other questions for Mr. Smith? MS. MOULTON: Yes. In November and January, another correspondence, the SVC for -stated is to be for voltage fluctuations during high times of usage. The attachment on July 6th says, "At peak loading time the SVC will be in full operation," which to me means high load, to me that's what that means. But later on it says, "During average loading conditions, the magnetic field levels in this area are expected to double since they will be active." You give conflicting -you say during high and during average. When will it run? MR. SMITH: Well, as I've stated in the testimony, the equipment will run at a variety of times. The static var compensator, there are various components that I pointed out. The ones on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 122 the south end of the property are reactors, they help us decrease voltage. The inductors and capacitors on the north side of it north of that help us increase it at times because we have such full fluctuations. So there's a little bit of both that goes on, quite frankly, in both summer and wintertime from a voltage standpoint. MS. MOULTON: But your attachment says, "For limited times during the year when peak loading occurs" -- which that would mean the output -- "it would only run during limited times." The output's going to be higher during average. This is what I'm getting at. The output of this new unit is going to be higher during average usage. And we have through the course of the year very little peak usage. MR. SMITH: Well, we have certainly peak usage in the summertime. By its name, the compensators sometimes will have to work hard during the off-season to stabilize voltage, and that could increase the levels that you're referring to. MS. MOULTON: And that's considered peak

123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 usage when they're compensating? MR. SMITH: Well, peak usage, peak demand tends to be during the summertime. But the equipment could operate during the off-season, during the wintertime when demand isn't as high to stabilize voltage. MS. MOULTON: Okay. I think that's it for now. Do we get to come back? MS. BUCKLEY: No. That's it. MS. MOULTON: This is it? MS. BUCKLEY: Yes. I'll even give you another ten seconds. MS. MOULTON: Ten? MS. BUCKLEY: Well, it's quarter of 10:00, and we need to move this along to get all the people -- give everyone a chance. MS. MOULTON: I would like to go along with Mr. Hanson. If the EMFs are safe and they are not a concern to our health -MS. BUCKLEY: Ma'am, we're not -- you've already made your testimony. We just ask you to ask 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 questions.

124 MS. MOULTON: I'm sorry. I didn't know how this worked, so I didn't say everything that I should have said back then. MS. BUCKLEY: Make your statement, please. MS. MOULTON: I would like to request that if this goes ahead, that because of our property values, as a homeowner, I can't sell my home without disclosing problems, known problems. I would like to have a letter that states that this new facility will not be a health problem, so when I want to sell the house, I can present that and I am not liable for that part of my house. MS. BUCKLEY: Well, I think if the World Health Center can't tell us that it's not, I don't know if we're going to be able as a town or as a Delmarva power plant. MS. MOULTON: I didn't ask for the town. I asked for them to give me a letter that I can give to the next buyer that says --

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Public Hearing - Conducted in August 7, 2012 125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MS. BUCKLEY: We'll put it in the testimony, then. We'll just see what we can do with that. I'm not sure. MS. MOULTON: And again, it's not a question. You might ask, why did I buy there? Yes, the power plant was there. But I had known readings that the previous -- that the seller that I bought from gave to me. I was comfortable with those readings. They were manageable. I could hear the noise. That was okay. I could buy insurance for the perils of living by the ocean to cover my house. Today you're my insurance for everything else. I don't know what the EMF readings are going to be. I don't know what the noise is going to be. I didn't know when I bought the house that the lot would be rezoned and turned in an industrial complex. I thought it was a residential area. So I'm just saying as of today, you're my insurance that I can't buy through State Farm or whoever 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 126 regarding EMF and noise here because once you tell them okay and the switch is flipped, there's no turning back for me or anybody else in the neighborhood. MS. BUCKLEY: Okay. I understand. MS. MOULTON: Thank you. MS. BUCKLEY: You're welcome. Let's bring up -MR. SMITH: Call briefly Dr. Bailey who is the -MS. BUCKLEY: We'll swear him in and take his testimony. We're going to swear you in. (Whereupon, Dr. Bailey was sworn in.) DR. BAILEY: I do. My name is William H. Bailey, and my address is 17000 Science Drive, Bowie, Maryland. BY MR. SMITH: Q Dr. Bailey, just for the record, you are an expert in EMF; is that correct? A Yes. I've been involved in bio electromagnetic research for the past 30 years. I

127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 am a principal scientist in the exposure sciences group at Exponent, and I'm also a visiting scientist at the Cornell University Medical School. And because of my background and expertise, I've been an advisor to numerous national and international health agencies on the topic of EMF. These include the National Institute of Health, the National Institute of Environmental Health Sciences, various state agencies, the Maryland Public Service Commission, the Maryland Department of Natural Resources, the State of Vermont and other state agencies, and I've also been a consultant to the World Health Organization. Q Okay. And I'm just going -- for the record, we're going to submit your curriculum vitae as an exhibit for the board's perusal. And in your capacity as an expert, you've been involved with Delmarva Power in working with them to design and implement the upgrades to this substation? A I was asked to update Delmarva Power on the status of EMF research. And our engineers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

128 provided information to the company in various ways to assist them in their latest design of the substation. Q And in doing so, you helped compile the report -- the EMF report that we submitted today and the information that was provided in the PowerPoint? A That's correct. Q And could you address the board as to the issues that have been raised in the EMF readings and the safety of the system? A Certainly. Perhaps for the record, it may be helpful if I just go in the same order that comments were offered to you in testimony. We -- first of all, I just want to comment that I don't think anyone here in the audience who has questions should feel at all bashful about being here and asking questions. MS. BUCKLEY: Right. DR. BAILEY: I myself, if I had not been involved in research in this topic for the last 30 years and I lived in this neighborhood, I very well

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Public Hearing - Conducted in August 7, 2012 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 might be here myself asking questions and trying to find out more information. But the science of EMF is very complicated and technical, and a lot of the information which is readily available on the Internet, as some cases you've already heard about tonight, is not easily decipherable or understandable to people without technical background. The first comment had to do with the exposures to magnetic fields from the station in the surrounding neighborhood, and the comment was made about workers at the Elks Club and the water facility. The statements that were made in the materials submitted apply throughout the entire area, and while the field levels may be a little bit higher on some sides of the substation than others, that does not mean that the levels anywhere in the neighborhood or around the substation are even close to the international standards that were referenced in the document. And I can come back to that a little bit later. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 130 A report was referenced that appeared to be from the World Health Organization, date unknown. I would point out that one can go to the World Health Organization's website at any time, and they have fact sheets in various languages, and they also have a major report they did in 2007, and that is the most comprehensive report that has been done by a panel of scientists on this topic in recent years. And since then there have been other reports by other health agencies, the Health Council of the Netherlands, the European Commission, which have by and large confirmed the conclusions of the World Health Agency. Another thing that I think -- and I will come back to their conclusions in a minute. One confusion that comes up, it was a confusion that the term EMF as it is used can sometimes be applied by members of the public to fields that are produced by very different sources. So EMF can be applied to the fields of the earth itself, it can be applied to fields from appliances and substations, it can be applied to radar and cell

131 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 phones. To scientists these are quite different fields. They have very different frequencies. The radio frequency fields from a cell phone for instance oscillate millions to billions of times per second, while the fields from our home appliances oscillate 60 times per second. Because of this difference in frequency, they have very different interactions with objects and organisms. And so electric and magnetic fields at levels that present in the environment or even in the workplace of Delmarva employees cannot heat tissues or organisms. That capability is characteristic of radio frequency fields. So that's why you have your microwave oven producing radio frequency fields that vibrate water molecules in the food and cause heating. You cannot put steak out underneath a power line or next to the substation and expect to measure any change in temperature. So you have to keep these different fields separate, and they're evaluated separately, and the reports by the World Health Organization and other health agencies deal with these fields quite 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

132 differently. The other thing that I would point out is that it was accurately stated that there are these statistical studies that have reported associations between various types of cancer, health effects and exposures to magnetic fields. Research has been going on for the past 30 years to address these questions, and all of these questions by and large have been addressed with the exception of one particular disease and that is childhood leukemia. The origins of childhood leukemia are not known. Unfortunately it is a very rare disease. It has been reported in a number of studies but not consistently, as was noted in the testimony, that there is this association. But you have to recognize that it's -- a statistical association does not necessarily represent a causal relationship. If the college board scores in the surrounding community are higher than the ones in my community, that does not mean that if I move my child into that community that I'm going to increase

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Public Hearing - Conducted in August 7, 2012 133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 their college board scores by a hundred points. So understanding epidemiology studies and statistical associations is very complicated. The World Health Organization has spent decades looking at this. And they don't look just at that, but they also look at studies in -- of other types. And the safety of all our drugs and medicines are determined by and large not by epidemiology studies, but by studies in humans and animals. These experimental studies have the advantage of being able to determine cause and effect relationships. So we have studies that the World Health Organization has considered in their reviews in which animals have been exposed over their entire lifetime to levels that are up to 50,000 times higher than the average level that we find in our homes. At the end of their lifetime, the scientists examined all the tissues of the body and they did not find excess cancer in any of these tissues of the animals that had lifetime exposure to magnetic fields. These studies have been done in Japan, in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 134 the United States and Canada, and they've all come to the same conclusion that despite a wide range of exposures ranging from as low as 20 milligauss to as high as 50,000 milligauss, there's no excess of cancer in animals with lifelong exposures. Also we've been looking for potential mechanisms that might explain how biological fields could have and how magnetic fields could have biological effects at low intensities, but this has been difficult to do for levels below a thousand milligauss. And we do not have any mechanism that has been confirmed that would explain how levels in the range we're talking about around the substation could have adverse effects or even any biological effect. It was -- there was some confusion about the readings in Ms. Moulton's comments that I would like to address. The table was presented -- she was correct -- presented calculated values because these facilities have not yet been constructed, so we cannot take measurements on facilities that don't

135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 yet exist. The calculated values take into account the current flowing, the alignment of all the components, and calculate what the magnetic field levels are at various places around the proposed substation. By and large these measurements, these calculations show that the equipment in the substation itself is not going to be a major contributor to fields around the substation. Why is this not unexpected? There's even an IEEE standard which points out that the major fields of -electric or magnetic fields that are measured around substations are not due to the equipment per se, the equipment within the substation. Where you observe elevated levels, it has to do with the lines coming in and going out of the substation. Those lines are not changing as a result of the installation of the static var compensator. Those sources exist and will continue to be sources in the future just as they are today. So what that table is presenting is, what is the contribution of the new equipment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

136 going into the substation? As you saw from that table, the contributions from the equipment going into the substation are quite small for most of the conditions. The other thing to recognize that when we're talking about values at average loading, we're talking about the typical value that would apply during most of the year. There could be times either due to very high load demand or, as testimony was given from the company, low demand when this equipment would have to operate to sort of stabilize the voltage, and so you'll get some variation in those they identified with the peak loading values. With regard to issues about health, I think that the entire view of the World Health Organization should be considered. The latest version, there is a -- it's a three and a half page summary fact sheet which is available on the web that summarizes the conclusions of that report. And that report, again, as was stated several times but not emphasized enough, they have not found that

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Public Hearing - Conducted in August 7, 2012 137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 exposures to electric and magnetic fields at levels that we find in our environment, whether they're produced by appliances in our home or from the proposed or existing substation, cause adverse effects in health. The World Health Organization recommends standards like the International Commission on non-ionizing radiation standards and the IEEE standards. It was stated by Ms. Moulton that that standard was a thousand milligauss and the company had stated the value was 2,000 milligauss. In Europe, for 50 hertz of facilities which operate in a slightly different frequency than what we have here in the United States, up until 2010, the standard was a thousand milligauss. And based upon the latest research, that organization increased the limit for general public exposure from 1,000 to 2,000 milligauss. And if you compute that at 60 hertz, it's still 2,000 milligauss. So if you go to the WHO website, they will tell you what their conclusions are. They recommend the adoption that countries adopt these 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 138 international standards. And they state that research is continuing to address any gaps there may be in the research. But based upon the research that's been evaluated over the past 40 years, we have not concluded that electric and magnetic fields at levels we encounter are hazardous to our health. The levels that are even double this are allowable for workers. And the reason why we're confident that these exposures provide a level of protection as explained by the World Health Organization is we don't set the standards at a level just barely to be protective. First of all, we examine all of the research and then determine what is the adverse effect that occurs at the lowest level exposure. These standards then set the exposure limits for workers 50 times below that level, and for the general public, well below that which is allowable for workers. And even at levels that are a hundred thousand times higher than what we have in our homes, the adverse effect which is being protected

139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 against is a protection of a visual sensation in the eye. At very high magnetic field levels, it can induce voltages in the eye which stimulate the photo receptors and produce a visual sensation. You can reproduce this by closing your eye and pressing against your eyelid, and that is exactly the same sensation that is produced by very, very strong magnetic fields. You cannot produce a magnetic field that strong even inside a magnetic resonance imaging device. So this is an effect that occurs at extremely high levels, but it has no relevance to the levels that we encounter in our everyday life. I think it's important in closing, and I would be happy to answer any questions that the board may have, that the reason that research is going on on electric and magnetic fields is not because we have found a problem. The fact is if this were an issue that was raised about an obscure chemical, I can tell you that there would be no research going on in the world on this topic. The reason why research is continuing on electric and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

140 magnetic fields is because essentially everyone in industrialized society has exposures to electric and magnetic fields whether you live near a substation, transmission line or what have you. And since everyone has an exposure, we want to be absolutely sure that even the smallest possibility of a risk has not been overlooked. And the way that you do that is continuously testing hypotheses. So the same hypotheses that were raised 30 years ago, people have all different hypotheses. Well, isn't it possible that some combination of fields of different frequencies might produce different biological effects? That was tested. We've looked at a whole variety of illnesses that potentially one could argue might have some relevance to magnetic fields. And over the years, hypotheses have been tested on those diseases, and we have found no relationship. A good example is a number of years ago you may have heard media discussion about potential links between magnetic fields and breast cancer. There was some

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Public Hearing - Conducted in August 7, 2012 141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 animal studies that had suggested that magnetic fields might affect a hormone called melatonin which had been hypothesized to be protective against breast cancer. Now we have years of research later, the World Health Organization has come out and said, based upon epidemiology studies and animal studies, they believe that there's no relationship between magnetic field exposure and breast cancer. And this is the type of outcome which has been occurring over and over again as research has developed over the last 40 years. And so the reason why we're continuing to look at it is not because we've determined that there is a likely risk, but we want to make absolutely sure that nothing has been overlooked. So I would be happy to answer any questions after this. MS. BUCKLEY: Okay. MR. SMITH: I don't have any. MS. BUCKLEY: You don't have any questions? Okay. Mr. Gisriel, please just ask the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 question. MR. GISRIEL: Thank you, Doctor, for that very informative presentation. Did you actually do the EMF study, the one that was posted on the board, the one with the -- had the 27 and the ten? DR. BAILEY: The study was done by a company that was retained by Delmarva Power to provide those calculations of the magnetic fields from the existing substation and under its proposed configuration. MR. GISRIEL: Do you know the date of that study? MS. BUCKLEY: I think we just had that, didn't we? MR. GISRIEL: That was on the sound. And I'm curious about the EMF. MR. SMITH: July 2nd. MR. GISRIEL: July 2nd? So it was after the new plat was filed with the building going from the south to the north and the new configuration? 142

143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DR. BAILEY: Yes. It considered the new location of the equipment within the substation. MR. GISRIEL: Okay. I think you answered it in your comments, but will this -- do EMFs have any adverse effect on a water supply, an existing water station just to the south? DR. BAILEY: No. MR. GISRIEL: Okay. And it was commented earlier that some of the data that I read or some of the quotes was 16 years old or so. Is it safe to say that based on what you testified to -- I use the term, and it may be my way of saying it, the jury's still out on some of these -- while it's evident that most studies show there's no hazard to humans from these EMFs, there's still studies ongoing in the areas that I addressed such as hypersensitivity and the leukemia issue? DR. BAILEY: Well, actually, with regard to hypersensitivity, the hypersensitivity refers to the fact that some people have alleged that they are able to detect magnetic fields, or that they have -1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

144 in the presence of a magnetic field that they have -- they might experience dizziness or headaches, similar kind of symptoms. The Health Protection Agency of Great Britain has supported a lot of research and a lot of reviews of this topic. And every single review that has come out has determined that when you actually do studies and expose people to levels of magnetic fields or electric fields, they cannot distinguish when the fields are on or when they are off. And that in normal people or in people who claim to be electrically hypersensitive, that they do not experience more symptoms when the fields are present or the fields are absent. So, for example, I visited a research laboratory in Sweden that was conducting similar studies like this, and they had subjects they could bring into a room and show them a computer, and they would start to develop rashes on their face. The -they would cover up the computer, bring the person into the room, and they would start developing

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Public Hearing - Conducted in August 7, 2012 145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 rashes on their face. The computer was never turned on underneath the cloth. So it was not related to electric or magnetic fields. It was related to a reaction to the perception that there might be the field turn on. So scientific studies have actually not confirmed this electrical hypersensitivity in any way. MR. GISRIEL: Thank you very much. I did have a couple questions I mentioned about chemicals being stored that I think another gentleman was going to come up. MS. BUCKLEY: Right up to the podium and be sworn in. (Whereupon, Mr. Weber was sworn in.) MR. WEBER: I do. MR. GREGORY: Please state your name and address. MR. WEBER: Steve Weber. My work address is 401 Eagle Run Road in Newark, Delaware. I work at Delmarva Power. MR. GISRIEL: My question pertains to -1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 146 and correct me if I'm wrong, but when you have transformers on-site, there are chemicals there that used to contain, I don't know if they still do, PCB. Do you store that sort of chemical on this site? MR. WEBER: The -- no. The transformers have mineral oil in them, but they're guaranteed to be within the legal limits of PCB content. I don't know what that limit is right offhand, but it has to be before we can use it. MR. GISRIEL: So is it safe to say, then, that all the chemicals that will be added to the site based on this construction will also be under hazardous limits? MR. WEBER: Yes. MR. GISRIEL: Okay. I don't know if this question would be to you or to Jim, to be honest, but I missed it earlier. I noticed in some of the literature you had, or some of the literature that I read about equipment called thrusters and of course the reactors. They generate heat I believe. How are they cooled?

147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MR. WEBER: There's a cooling system that has ethylene glycol in it which is the same kind of antifreeze that's in your car. MR. GISRIEL: Okay. And the only other questions I have for DP&L is, why aren't there elevation drawings, stormwater acceptance letter from the engineering department, plans to show the control house, 858 square feet, plans showing the emergency generator room, and dimensions of equipment? Why is that not in the drawings? MR. WEBER: We do have -- I believe our layout shows the to scale size of the control house, the total square feet of the control house. It may not state it on there. MR. GISRIEL: I think it does, but it doesn't show the elevations. MR. WEBER: Yeah. And as of this point, I don't believe that we actually have a finalized elevation, but we do have preliminary elevation data that we didn't include in there that we could supply. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

148 MR. SMITH: We also need this approval before we can finalize our -MS. BUCKLEY: Right. They have to get the conditional use approval, and then they'll come back with a detailed site plan that we will again look over. MR. GISRIEL: So you don't have to see that at this juncture? MS. BUCKLEY: That's correct. Right now we're doing the conditional use, just giving them the authority to do something there, and then we'll finalize all the details. That's when we can make sure -- well, because we can still ask them to do different things. Based on the testimony tonight, if somebody gave us some other issues, like, we want to make sure about the lighting and that type of thing, that we can make additional conditions that we need to have put on the site plan, and then we will review it again. MR. GISRIEL: I thank you very much for the opportunity you gave me to ask my additional

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Public Hearing - Conducted in August 7, 2012 149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 questions. MS. BUCKLEY: You're welcome. Does anyone have any additional questions? Step up to the podium, please. You're asking a question, right? MR. DAVIS: Yes. MS. BUCKLEY: Okay. Just ask the question. MR. DAVIS: Do you anticipate any reduction in service while this change is going on? MR. SMITH: No, absolutely not, there won't be. It will be transparent to customers. There won't out any outage interruptions, momentary interruptions. That will be completely transparent. MR. DAVIS: Thank you. MS. BUCKLEY: You're welcome. Okay. Is there any other rebuttal from the applicant? MR. SMITH: No. Just in closing, I think, again, the standard question is not whether the proposed use will have some adverse effect on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 150 the surrounding area, that that's the nature of the conditional use. The test is whether the adverse effect will be greater or more detrimental at the subject location than would be the result if located elsewhere in the same zone. And I'll submit to case law on that. And I thank you for your time. MS. BUCKLEY: Do the commissioners have any other questions? MR. MILLER: Not right now. MS. BUCKLEY: All right. I am going to ask that we get a copy of the World Health Organization's 2007, three and a half page report to be included within the testimony, research for the public hearing. With that I will accept a motion to close the hearing. MS. TAYLOR: So moved. MR. MILLER: Second. MS. BUCKLEY: I have a motion to close and a second by Peck. All in favor? (Whereupon, all members said aye.)

151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MS. BUCKLEY: So moved. MS. BUCKLEY: I believe that the commissioners would like to deliberate at another time. I don't think we're going to do this tonight. What do you think? MS. TAYLOR: I can do it tonight. MS. BUCKLEY: Do you want to do it tonight? MR. STALEY: I can do it tonight. MS. BUCKLEY: Okay. We're doing it. Ms. Taylor, you start, please. MS. TAYLOR: I'll move the approval of the conditional use. The project is definitely needed. I know besides what Terry has testified about city property, I know several business owners who have suffered loss of equipment, damage of equipment, interrupted business because of loss of equipment. It's been an economic problem for Ocean City that needs to be solved. Since the regional power authority has determined that north Ocean City is the appropriate location and since the 138th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

152 Street substation already exists, it would be a more adverse effect anywhere else to put it anywhere other than that. And there is no more adverse effect here than anywhere else. In fact, it's probably less than anywhere else. According to the testimony, the electromagnetic field is not a health issue. And if anything, it's well -- even at its maximum, well below acceptable levels as determined by several agencies as were given in the testimony. And the sound is under control from their testimony. If the information presented in this public hearing is not correct or has been given to us with fraudulent information, then the company will be subject to action based on that since this is a public hearing. So I move that we accept the conditional use -- or recommend the conditional use. MR. STALEY: I can't add anything to that. She's covered it all. MS. BUCKLEY: All right. Peck. MR. MILLER: If we are going to move

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Public Hearing - Conducted in August 7, 2012 153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 forward on this, the wall, the landscaping and upkeep of the landscaping, making it as inoffensive as possible is a very important thing I think to this community. It is a single-family district. It needs to be taken care of. You already have a substation there. The photos that I saw with the wall and the landscaping, if you truly do that, is going to be a much nicer facade than what you have currently there. You need to maintain them with water. You just can't plop them in and call it a day. But I agree with Lauren. I think it's something we need in this town for sure. We definitely need to get the voltage going more evenly, whatever. MS. BUCKLEY: Well, certainly the testimony has proved the need. I don't think that is in question. And I also believe that due to the -- you know, it's always hard when we're talking single family. In the 23 years I've been sitting up here, protecting single-family neighborhoods has 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 154 always been my stong -- I've been a strong advocate of that. However, this is just the best place for it. It is what it is. I live next to the one on 85th Street, and I've been there for 35 years. The biggest thing down there is just to look at it. So here again, it's going to be -- the visual impact, that's the one thing we can do something about. And as Lauren said, we certainly have to take the experts with their knowledge that they are deciphering the information correctly, and that it is not a health risk. The -- and as far as the noise and the lighting, all of that is controlled by our zoning ordinances, and they will have to abide by those, and as far as keeping up the landscaping or anything else. I mean, that's just something that has to be done. And we will still have a site plan review of where we will see elevations, et cetera, and a lighting plan, and all that has to be in, you know,

155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 before you can get a building permit. And with that, we'll make a motion. MS. TAYLOR: I did. MS. BUCKLEY: Oh. You already made a motion. I apologize. Peck, did you second t? MR. MILLER: Sure. I'll second it. MS. BUCKLEY: We have a motion to move forward from Lauren and a second by Peck. All in favor? (Whereupon, all members said aye.) MS. BUCKLEY: So moved. Thank you all for coming out tonight. (Whereupon, the hearing concluded.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

156 STATE OF MARYLAND WORCESTER COUNTY I, Kathy A. Zeve, a Notary Public and Registered Professional Reporter in and for the Snow Hill, Maryland, do hereby certify that the PUBLIC HEARING was held before me at the time and place herein set according to law, was interrogated by counsel. I further certify that the examination was recorded stenographically by me and then transcribed from my stenographic notes to the within printed matter by means of computer-assisted transcription in a true and accurate manner. I further certify that the stipulations contained herein were entered into by counsel in my presence. I further certify that I am not of counsel to any of the parties, not an employee of counsel, nor related to any of the parties, nor in any way interested in the outcome of this action. AS WITNESS my hand and Notarial Seal this 9th day of August, 2012, at Snow Hill, Maryland. __________________________ Kathy A. Zeve, RPR Notary Public My commission expires January 9, 2016

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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, AUGUST 20, 2012 12 – ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. Second Reading - Ordinance 2012-24 to Amend Chapter 22, Entitled Elections (to implement the no-excuse absentee ballot policy; to accept absentee ballots until 5:00 p.m. on the Monday prior to Election Day; and to accept emergency absentee ballots on Election Day)

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Agenda Item # Council Meeting 12A 08/20/2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Kelly L. Allmond, City Clerk Ordinance amending Chapter 22 Elections – Absentee Ballot Process 08-01-2012 Second Reading of Ordinance amending the Absentee Ballot process as discussed in the July 31st Work Session. In the July 31, 2012 Work Session, the Mayor and Council voted 6-1 (Council Member Ashley opposed) to proceed with the draft ordinance amending Chapter 22-32 as amended to establish the submission deadline for Absentee Ballot Applications as 5:00PM on the Monday before Election Day. Emergency Absentee Ballot Applications will be accepted by the City Clerk’s Office on Election Day

ISSUE(S):

SUMMARY:

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None Approve Ordinance as presented None specified City Solicitor Guy Ayres City Clerk Kelly Allmond Local Board of Election Supervisors Worcester County Board of Elections Ordinance 2012-24 amending Chapter 22

ATTACHMENT(S):

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, AUGUST 20, 2012 12 – ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR B. Second Reading - Ordinance 2012-25 to Amend Terms for the Airport Improvement Bond of 2005 (to reduce the interest rate from 5.43% to 3.20%)

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The White Marlin Capital of the World
Agenda Item# Council Meeting 12B August 20, 2012

TO: THRU: FROM: RE: DATE: ISSUE(S):

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Martha J. Bennett, Finance Administrator Ordinance for Airport Improvement Bond August 1, 2012 To pass ordinance which changes the terms of the Airport Improvement Bond of 2005 with the Bank of America to lower the interest rate. The Airport Improvement Bond of 2005 sold to Bank of America has a fixed rate of 5.43% for a 10-year term, with a 20-year amortization of payments. On July 31, 2012, the Council accepted the offer from Bank of America to lower the rate to 3.2% for 12 years, the remaining term of the original loan. Over $18,000 savings in interest expense per year. To pass the ordinance, with loan documents prepared by City Solicitor. Do not refund bond by passing the new ordinance. Guy Ayres, City Solicitor Martha J. Bennett, CPA, Finance Administrator Ordinance 2012-25

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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, AUGUST 20, 2012 13. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER A. Upcoming Bid Requests: St. Louis Avenue Water, Sewer and Roadway Improvements 10th to 17th Street; Maintenance of Elevator and Escalator Systems; Dukes Avenue Wastewater Pumping Station Improvements; and Old Landing Road Wastewater Pumping Station Improvements

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The White Marlin Capital of the World
Agenda Item # Council Meeting 13A 8-20-12

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Dean Dashiell – Senior Project Manager Acceptance of Sealed Bids for the St. Louis Avenue – Water, Sewer, & Roadway Improvements 10th to 17th Street August 13, 2012

ISSUE(S):

Acceptance of Sealed Bids for the St. Louis Avenue – Water, Sewer, & Roadway Improvements 10th to 17th Street. Request permission from the Mayor & City Council to receive and open Bids during the August 28th, 2012 regularly scheduled Work Session. The Bid represents the cost to implement improvements in the first phase of the St. Louis Avenue Roadway, from 10th to 17th Streets, that also includes 17th Street west of Philadelphia Avenue to the Bay. Funding for this project was included in the recent Municipal Purpose Bond procurement and the FY 2013 Water Department Budget. Receive and open sealed bids at the Mayor & City Council Work Session on August 28, 2012 for this much needed project. None Dean Dashiell – Senior Project Manager Hal Adkins – Director of Public Works Jim Parsons – Deputy Director of Public Works Howard Iman - Superintendent of the Water Department Charles Felin – Superintendent of the Wastewater Department None

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ATTACHMENT(S):

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TOWN OF

The White Marlin Capital of the World
Agenda Item # Council Meeting 13A 8-20-12

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Dean Dashiell – Senior Project Manager Acceptance of Sealed Bids for the Maintenance of Elevator & Escalator Systems August 13, 2012

ISSUE(S):

Acceptance of Sealed Bids for the Maintenance of Elevator & Escalator Systems. Request permission from the Mayor & City Council to receive and open Bids during the August 28th, 2012 regularly scheduled Work Session. The proposed maintenance contract work is required to insure our Elevators and Escalators are being protected against malfunctions, and more importantly safety concerns. This conveyance equipment is closely monitored by the Maryland Occupational Health and Safety Administration for compliance of maintenance inspections and service work required by COMAR. Elevator and Escalator maintenance costs were accounted for in the applicable Department FY 2013 Budgets. Receive and open sealed bids at the Mayor & City Council Work Session on August 28, 2012 for this project. None. Dean Dashiell – Senior Project Manager Hal Adkins – Director of Public Works None

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Agenda Item # Council Meeting 13A 8-20-12

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Dean Dashiell – Senior Project Manager Acceptance of Sealed Bids for the Dukes Avenue – Wastewater Pumping Station Improvements August 13, 2012

ISSUE(S):

Acceptance of Sealed Bids for the Dukes Avenue Wastewater Pumping Station Improvements. Request permission from the Mayor & City Council to receive and open Bids during the September 11, 2012 regularly scheduled Work Session. The Bid represents the cost to improve the Dukes Avenue Wastewater Pumping Station that has been scheduled for necessary upgrades and the addition of a Standby Generator to better serve the Caine Woods community. Funding for this project was included in the recent Municipal Purpose Bond procurement. Receive and open sealed bids at the Mayor & City Council Work Session on September 11, 2012 for this project. None Dean Dashiell – Senior Project Manager Hal Adkins – Director of Public Works Jim Parsons – Deputy Director of Public Works Charles Felin – Superintendent of Wastewater Department None

SUMMARY:

FISCAL IMPACT:

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ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT(S):

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TOWN OF

The White Marlin Capital of the World
Agenda Item # Council Meeting 13A 8-20-12

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Dean Dashiell – Senior Project Manager Acceptance of Sealed Bids for the Old Landing Road – Wastewater Pumping Station Improvements August 13, 2012

ISSUE(S):

Acceptance of Sealed Bids for the Old Landing Road Wastewater Pumping Station Improvements. Request permission from the Mayor & City Council to receive and open Bids during the September 11, 2012 regularly scheduled Work Session. The Bid represents the cost to improve the Old Landing Road Wastewater Pumping Station that has been scheduled for necessary upgrades and the addition of a Standby Generator to better serve the Old Landing community. Funding for this project was included in the recent Municipal Purpose Bond procurement. Receive and open sealed bids at the Mayor & City Council Work Session on September 11, 2012 for this project. None Dean Dashiell – Senior Project Manager Hal Adkins – Director of Public Works Jim Parsons – Deputy Director of Public Works Charles Felin – Superintendent of Wastewater Department None

SUMMARY:

FISCAL IMPACT:

RECOMMENDATION:

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT(S):

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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, AUGUST 20, 2012 13. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER B. Request to Sole Source Contract to Replace Utility Pole at Fire Headquarters

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The White Marlin Capital of the World
Agenda Item # Council Meeting 13B August 20, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Terence J. McGean, PE, City Engineer Utility Pole Replacement at Fire Headquarters August 10, 2012 Request approval to have Delmarva Power replace a utility pole at Fire Headquarters’ property to allow for future building expansion Guy wires supporting a wood DPL utility pole prevent expansion of the Fire Department Headquarters building. It will take up to 6 months from authorization to replace the pole. $ 136,000 included in budget for expansion funded through recent bond sale. Authorize Delmarva Power to replace the utility pole. None Terence McGean, City Engineer Hal Adkins, Public Works Director Cliff Christello, Deputy Fire Marshal II 1) Summary memo

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INTEROFFICE MEMORANDUM

TO: FROM: SUBJECT: DATE: CC:

DAVID RECOR TERENCE MCGEAN UTILITY RELOCATIONS AT FIRE HEADQUARTERS 8/10/2012 CLIFF CHRISTELLO, HAL ADKINS, RUSSELL JONES, COUNCIL AGENDA

In order to expand of the Fire Headquarters building, there are a series of guy wire supports for a wood Delmarva Power (DPL) utility pole that must be eliminated. DPL does have an easement that allows the guy wires in their current location. Therefore any relocation is at the City’s cost. In order to eliminate the guy wires, DPL has proposed to replace the existing wood pole with a deep foundation steel pole that would not require any guy wires. Although we are approximately a year from beginning construction at this building, DPL advices that it will take up to six months to replace the pole once they have approval from the City. Therefore staff would like to initiate the process as soon as possible to avoid any future delays. The cost for the pole replacement is $136,620. This was included in the budget for the building expansion funded by the recent bond sale. Because DPL owns the pole, we are obligated to have them do the work and therefore this is a sole source contract. I have reviewed the DPL proposal and given the time and materials involved, I believe the cost is fair and reasonable. I therefore recommend that the Council authorize Delmarva Power and Light to replace the existing wood utility pole at Fire Headquarters with a new steel pole for the cost of $136,620.

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, AUGUST 20, 2012 13 – ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER C. Request to Bid Network Core Switch Replacement through eMaryland Marketplace

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Agenda Item # Council Meeting 13C August 20, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Terence McGean, PE City Engineer Request to Bid Core Switch August 8, 2012 Request permission to bid network core switch replacement through eMaryland Marketplace Staff would like permission to solicit bids on e-Maryland M@rketplace for the acquisition of two core replacement switches for the City network. The current core switches have reached their port capacity and are no longer under service agreements due to their end of life status. We did budget for this purchase. $28,000. FY13 Budget Approve bid through eMaryland Marketplace Conventional hard copy bid process which is generally noncompetitive for IT products and services. Robert Morand, Converged Network Manager Terence McGean, City Engineer Nancy Bloxom, Information Technology Director None

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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, AUGUST 20, 2012 13 – ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER D. Bid Award Recommendations for Boardwalk Phase II Construction; Boardwalk Lumber Materials; and Gorman Avenue Water Tank Painting and Rehabilitation

TOWN OF

The White Marlin Capital of the World
Agenda Item # Council Meeting 13D August 20, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Terence J. McGean, PE City Engineer Bid Award Boardwalk Phase 2 Reconstruction

ISSUE(S): SUMMARY:

Bid Award Authorization for Boardwalk Reconstruction Phase 2 Request approval from the Mayor and Council to award bids for phase 2 boardwalk reconstruction to the apparent low bidders. References for each bidder (North end and South end) have been checked and confirmed. Low bids combined are approximately $1.8 million under the staff estimates. Funds budgeted in recent bond sale. Award the North End reconstruction to the apparent low bidder, Rehak Contracting in the amount of $1,104,913.92. Award the South end reconstruction to the apparent low bidder, RBCI in the amount of $64,000. None Terence McGean, City Engineer

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1) Bid Tabulation

Boardwalk Phase 2 Reconstruction Bid Tabulation
North End Reconstruction Item Demolition Temp walkways Concrete foundation Ret wall type 1 Ret wall type 2 Ret wall type 3 stone base Caroline boardwalk Carpentry work beach access re‐deck Electrical work Total Bond Rehak Contracting unit price total   199,820.00       199,820.00                0.50           1,500.00               15.37       213,888.92               24.72           3,708.00               60.97         33,533.50               85.70         23,567.50       88,787.00         88,787.00       31,000.00         31,000.00   369,109.00       369,109.00               16.00           8,000.00   132,000.00       132,000.00    1,104,913.92 yes RBCI unit price 242,342.00              5.00            19.18            48.53          104.00          143.71 122,170.00    58,360.00 457,241.00            38.70 181,115.00 Harkins Contracting unit price total 340,000.00      340,000.00              8.00        24,000.00            20.50      285,278.00            73.00        10,950.00          125.00        68,750.00          150.00        41,250.00 177,650.00      177,650.00    48,000.00        48,000.00 912,122.00      912,122.00            40.00        20,000.00 155,000.00      155,000.00   2,083,000.00 yes Geaorge & Lynch Unit price total      336,000.00      336,000.00                15.00        45,000.00                40.00      556,640.00              150.00        22,500.00              315.00      173,250.00              445.00      122,375.00      158,000.00      158,000.00      107,400.00      107,400.00  1,113,000.00  1,113,000.00                55.00        27,500.00      135,600.00      135,600.00  2,797,265.00 yes Staff Estimate Unit 650,000.00            15.00            30.00            90.00          150.00          175.00 230,000.00 125,000.00 900,000.00            60.00 121,000.00

qty             1     3,000   13,916        150        550        275             1             1             1        500             1

unit ls lf lf lf lf lf ls ls ls lf ls

total      242,342.00        15,000.00      266,908.88          7,279.50        57,200.00        39,520.25      122,170.00        58,360.00      457,241.00        19,350.00      181,115.00  1,466,486.63 yes

Total      650,000.00        45,000.00      417,480.00        13,500.00        82,500.00        48,125.00      230,000.00      125,000.00      900,000.00        30,000.00      121,000.00  2,662,605.00

South End Re‐decking Item Base Bid Stringer Replacement Total Bid Total low bids (Rehak + RBCI) Total low single bid (Rehak)

qty Unit             1 ls        500 lf

RBCI Contracting unit price total       58,500.00         58,500.00               11.00           5,500.00         64,000.00    1,168,913.92    1,187,612.92

Kade unit price total    69,995.00        69,995.00              4.79          2,395.00        72,390.00

Rehak unit price total    79,699.00        79,699.00              6.00           3,000.00        82,699.00

Harkins Unit price total      150,000.00      150,000.00                  8.00          4,000.00      154,000.00

Staff Unit Total 150,000.00      150,000.00            22.00        11,000.00      161,000.00  2,823,605.00

Other bids for South Re‐decking R.L. Mitrecic George & Lynch All States

      163,404.00       199,550.00       267,311.00

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The White Marlin Capital of the World
Agenda Item # Council Meeting 13D August 20, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Terence J. McGean, PE City Engineer Recommendation for Bid Award Boardwalk Lumber August 14, 2012 Bid Award authorization for Boardwalk lumber materials Request permission from the Mayor & City Council to award the Boardwalk Lumber Material Contract. Bid price is $75,000 under estimate. Funds budgeted in Bond Sale. Bidders references have been confirmed. Recommend award to National Wood Sourcing in the amount of $399,231.84 as the low responsible bidder. None Terence McGean, City Engineer None 1) Bid Tabulation

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RECOMMENDATION:

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

Boardwalk Lumber Bid Tabulation Item Deck 2x6x8 Deck 2x6x12 Deck 2x6x14 Deck 2x6x16 Ledger 2x4x12 Brace 4x4x12 Bond Total total on bid form  qty      16,850      16,300      11,600        5,400        1,820            870                1 Unit ea ea ea ea ea ea ls National Wood Unit price total           4.91    82,767.20           7.97 129,878.40           9.02 104,585.60         10.62    57,369.60           6.10    11,094.72         11.54    10,036.32   3,500.00      3,500.00 399,231.84 395,731.34 Lumberman Assoc Unit price total         5.85    98,572.50         9.35 152,405.00       10.75 124,700.00       12.75    68,850.00         6.40    11,648.00       15.75    13,702.50     850.00          850.00 470,728.00 470,728.00 Long Life Unit price          6.40          9.60        11.48        12.90          6.00        13.12 4,500.00 total   107,840.00   156,480.00   133,168.00     69,660.00     10,920.00     11,414.40         4,500.00   493,982.40   493,982.40 Gransmick Lumber Unit Price Total          6.68 112,558.00          9.84 160,392.00        11.27 130,732.00        13.31    71,874.00          6.43    11,702.60        14.20    12,354.00 1,760.00      1,760.00 501,372.60 501,372.60 Staff Estimate Unit Price Total          6.00 101,100.00          9.00 146,700.00        10.50 121,800.00        13.50    72,900.00          6.00    10,920.00        15.00    13,050.00 5,000.00      5,000.00 471,470.00 475,000.00

National Wood Sourcing did not include bond in total price

TOWN OF

The White Marlin Capital of the World
Agenda Item # Council Meeting 13D 8-20-12

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Dean Dashiell – Senior Project Manager Bid Award Authorization for the Gorman Avenue Water Tank Painting & Repairs August 14, 2012

ISSUE(S):

Bid Award Authorization for the Gorman Avenue Water Tank Painting & Repairs Request permission from the Mayor & City Council to award the Gorman Avenue Water Tank Painting & Repairs to K & K Painting, Inc. based on the bid results received at the August 14th, 2012 Work Session. I have performed a review of the low bid received from K & K Painting, Inc. and have found the document to be consistent in accordance with the contract documents. Funding for this project was included in the FY 2013 Water Department Budget in the amount of $ 500,000.00. Proceed with the approval of K & K Painting, Inc. in the amount of $ 472,975.00 for the Gorman Avenue Water Tank Painting & Repairs. None Dean Dashiell – Senior Project Manager Hal Adkins – Director of Public Works Jim Parsons – Deputy Director of Public Works Howard Iman – Superintendent of Water Department 1) Completed Bid Tabulation Sheet.

SUMMARY:

FISCAL IMPACT:

RECOMMENDATION:

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT(S):

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Gorman Avenue Water Tank Painting Repairs Bid Tabulation

CONTRACTORS

Base Bid

Corfu Contractors Corrosion Control Corp D & M Painting Minoan, Inc.

$584,975.00 $726,800.00 $634,600.00 $869,400.00

K & K Painting

$472,975.00

Titan Industries Utility Service Corporation

$846,450.00

$997,900.00

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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, AUGUST 20, 2012 14 – COMMENTS FROM CITIZENS - 5 MINUTE TIME LIMIT

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, AUGUST 20, 2012 15 – COMMENTS FROM THE MAYOR AND CITY COUNCIL

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