August 20 2012 Complete Agenda

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. Regular Session #13 dated July 2, 2012 B. Work Session dated July 10, 2012 C. Regular Session #14 dated July 16, 2012 D. 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


4 – APPROVAL OF MINUTES

A. Regular Session #13 dated July 2, 2012 B. Work Session dated July 10, 2012 C. Regular Session #14 dated July 16, 2012 D. Work Session dated July 31, 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 # 6A Council Meeting August 20, 2012 TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Lisa Mitchell, Private Events Coordinator RE: Ravens vs. Steelers 5K DATE: August 15, 2012 ISSUE(S): Requesting approval of the Ravens vs. Steelers 5K private event. SUMMARY: 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.

FISCAL IMPACT: Non-specified RECOMMENDATION: To approve the event as requested. ALTERNATIVES: Do not approve the event. RESPONSIBLE STAFF:

Lisa Mitchell, Private Event Coordinator

COORDINATED WITH: Appropriate staff, specifically OCPD and Public Works. ATTACHMENT (S): 1) November 2012 calendar

2) Cover Sheet 3) Application 4) Beach and 27th Street Layout 5) Race Route 5K

Sun Mon Tue Wed Thu Fri Sat 1 2 3

4 5 6 7 8 9 10

11 12 13 14 15 Winterfest

16 Winterfest

17 Winterfest PE _ Ravens v Steelers - TENTATIVE

18 Winterfest

19 Winterfest

20 Winterfest

21 Winterfest

22 Winterfest

23 Winterfest

24 Winterfest

25 Winterfest

26 Winterfest

27 Winterfest

28 Winterfest

29 Winterfest

30 Winterfest

2012

November

Ocean City Private Events

Name of Event: Ravens vs. Steelers 5K New Event: YES

Date of Event: Saturday, November 17, 2012

Date Application Received: July 2, 2012 Application Fee Paid: Yes

Date Routed: July 2, 2012

Date Returned from All Departments: July 30, 3012 Total Cost to Town: $528.00

Things to Note:

• This event would consist of a 5K run that would take place completely on the Boardwalk. Other events, such as a 40-yard 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.

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: Amount:

Date Insurance Certificate Received: Beach Franchise Notified:

Date Permit Issued:

Other:

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. 1. TITLE OF EVENT: ____________________________________________________ Ravens Vs Steelers Rival 5k Tailgate Football Challenge 2. IS THIS A NEW EVENT? ______________________________________________ Yes 3. DATE(S) 11/17/2012 OF EVENT 11/17/2012 4. STARTING & ENDING TIMES OF EVENT: _______________________________ 9am 1pm

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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 .

_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 8. APPLICANT’S NAME: ________________________________________________ Chris Klebe

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

10. MAILING ADDRESS: _________________________________________________ _____________________________________________________________________

12280 Dixie Drive Bishopville , MD 21813

11. WORK PHONE #_____________________HOME PHONE #__________________ 443-497-4324

FAX:____________________________EMAIL: ____________________________ 12. IF ORGANIZATION IS NONPROFIT, YOU MUST SUBMIT A LETTER OF PROOF OF NON-PROFIT STATUS: _____________________________________ _____________________________________________________________________

n/a

_____________________________________________________________________ 13. ON-SITE EVENT COORDINATOR: ______________________________________ Chris Klebe

14. OCEAN CITY/LOCAL ADDRESS OF COORDINATOR: ____________________ Same as above

_____________________________________________________________________ _____________________________________________________________________ 15. COORDINATOR’S CONTACT NUMBERS: HOME: __443-497-4324_________________________WORK: ________________________

FAX:_____________________________CELL: __________________________

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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 DIAGRAM AND DESCRIBE HERE: _____________________________________ Yes please see diagram

___________________________________________________________________

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO EMPLOY: ___________________________________________________________ ____________________________________________________________________

We will set plastic fencing around designated area on the beach.

____________________________________________________________________

____________________________________________________________________

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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 ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: ___________________ n/a ____________________________________________________________________ ____________________________________________________________________

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

____________________________________________________________________ ____________________________________________________________________

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____________________________________________________________________ ____________________________________________________________________ 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. 32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? _________________ Yes

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. 37. EXPECTED NUMBER OF PARTICIPANTS: ______________________________ 300 to 500

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38. EXPECTED NUMBER OF SPECTATORS: _______300________________________ 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 (5) YEARS: __________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

Ocean City Half Marathon, Seaside 10, The Ocean City 5 mile Boardwalk run, The Assateague Island Triathlon.

____________________________________________________________________ ____________________________________________________________________

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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: _________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

.

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 .

We will be working with the local Ravens Roost as well as the Ravens Cheerleaders in

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 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

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(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 5kStarts In Ocean City, Maryland

Description

3.04 miles

Elevation Ascent Descent Max Climb

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

© 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.Page 1 of 5


Notes

AT FOR NOTES

START 181ft Head south on Atlantic Ave/ N Boardwalk toward 26th St

0.03 mi. 266ft Head south on Atlantic Ave/ N Boardwalk toward 26th St



0.23 mi. 377ft Head south on Atlantic Ave/ N Boardwalk toward 23rd St

0.3 mi. 355ft Head south on Atlantic Ave/ N Boardwalk toward 21st St








0.92 mi. 572ft Head southwest on Atlantic Ave/ N Boardwalk toward 12th St

1.03 mi. 340ft Head southwest on N Atlantic Ave/ S Boardwalk toward 11th St


1.21 mi. 318ft Head south on N Atlantic Ave/ S Boardwalk toward 8th St


1.36 mi. 9ft Turn right onto 6th St

1.37 mi. 9ft Head southeast on 6th St toward N Atlantic Ave/ S Boardwalk

1.37 mi. 413ft Turn right onto N Atlantic Ave/ S Boardwalk


1.5 mi. 104ft Head south on N Atlantic Ave/ S Boardwalk toward 3rd St

Notes

AT FOR NOTES



1.52 mi. 8ft Head north on N Atlantic Ave/ S Boardwalk toward 4th St



1.57 mi. 659ft Head northeast on N Atlantic Ave/ S Boardwalk toward 5th St


1.77 mi. 533ft Head northeast on N Atlantic Ave/ S Boardwalk toward Surf Ave



2.1 mi. 415ft Head northeast on Atlantic Ave/ N Boardwalk toward 13th St

2.17 mi. 297ft Head north on Atlantic Ave/ N Boardwalk toward 14th St





2.62 mi. 482ft Head north on Atlantic Ave/ N Boardwalk toward 21st St

2.71 mi. 304ft Head north on Atlantic Ave/ N Boardwalk toward 22nd St

2.76 mi. 590ft Head north on Atlantic Ave/ N Boardwalk toward 23rd St



3.03 mi. Head north on Atlantic Ave/ N Boardwalk




Notes

AT FOR NOTES

START 181ft Head south on Atlantic Ave/ N Boardwalk toward 26th St




0.23 mi. 377ft Head south on Atlantic Ave/ N Boardwalk toward 23rd St

0.3 mi. 355ft Head south on Atlantic Ave/ N Boardwalk toward 21st St



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

Notes

AT FOR NOTES






0.92 mi. 572ft Head southwest on Atlantic Ave/ N Boardwalk toward 12th St







Notes

AT FOR NOTES

1.21 mi. 318ft Head south on N Atlantic Ave/ S Boardwalk toward 8th St


1.36 mi. 9ft Turn right onto 6th St

1.37 mi. 9ft Head southeast on 6th St toward N Atlantic Ave/ S Boardwalk

1.37 mi. 413ft Turn right onto N Atlantic Ave/ S Boardwalk





Notes

AT FOR NOTES







1.77 mi. 533ft Head northeast on N Atlantic Ave/ S Boardwalk toward Surf Ave






Notes

AT FOR NOTES


2.1 mi. 415ft Head northeast on Atlantic Ave/ N Boardwalk toward 13th St






2.62 mi. 482ft Head north on Atlantic Ave/ N Boardwalk toward 21st St


Notes

AT FOR NOTES

2.71 mi. 304ft Head north on Atlantic Ave/ N Boardwalk toward 22nd St

2.76 mi. 590ft Head north on Atlantic Ave/ N Boardwalk toward 23rd St



3.03 mi. Head north on Atlantic Ave/ N Boardwalk





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


Agenda Item # 6B Council Meeting August 20, 2012 TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Lisa Mitchell, Private Events Coordinator RE: Pigs on the Beach DATE: August 14, 2012 ISSUE(S): Requesting approval to hold the annual event, “Pigs on the

Beach.” SUMMARY: 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.

FISCAL IMPACT: Non-specified RECOMMENDATION: To approve the event with the motorcycle ride exiting the

Boardwalk at North Division Street. ALTERNATIVES: 1) To approve the event with the exit at a different location than

North Division Street. 2) Do not approve the event.

RESPONSIBLE STAFF:


COORDINATED WITH: Appropriate staff, specifically OCPD and Public Works. ATTACHMENT (S): 1) September 2012 Calendar

2) Cover Sheet 3) Application

Sun Mon Tue Wed Thu Fri Sat

September

1

2 Summer of Thanks – Beach Lights

3 Summer of Thanks – Beach Fireworks

4 5 6 7 8 MOOD ESA Surf Event PE – Walk for Recovery - TENTATIVE

9 OC Cruzers ESA Surf Event

10 11 PE – 911 Parade of Brothers

12 13 PE - Bikefest

14 PE - Bikefest

15 PE - Bikefest ESA Surf Event Rain Date

16 PE – Bikefest ESA Surf Event Rain Date

17 18 19 20 SUNFEST PE – Sunfest Kite Festival

21 SUNFEST PE – Sunfest Kite Festival

22 SUNFEST PE – Sunfest Kite Festival

23 SUNFEST PE – Sunfest Kite Festival OC Cruzers

24 25 26 27 28 PE - Winefest

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

30

2012

Ocean City Special Events – Private Events Name of Event: Pigs on the Beach New Event: No

Date of Event: Saturday, September 29, 2012

Date Application Received: July 17, 2012 Application Fee Paid: Yes/$25

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 Applicant Notified of Meeting:

Event Approved or Denied:

Date Insurance Certificate Received: N/A

Beach Franchisee Notified: N/A

Date Fees Received: Amount:

Date Permit Issued:

Other:


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. 1. TITLE OF EVENT: ____________________________________________________ Pigs on the Beach 2. IS THIS A NEW EVENT? ______________________________________________ No 3. DATE(S) OF EVENT: __________________________________________________ Sat., Sept. 29, 2012

4. STARTING & ENDING TIMES OF EVENT: _______________________________ 10:00 a.m. – 10:20 a.m. 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


FAX: _________________________ E:MAIL: _____________________________ 302-436-8240

[email protected]

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: ______________________________________ Jim Zervakos

14. OCEAN CITY/LOCAL ADDRESS OF COORDINATOR: ____________________ _____________________________________________________________________ _____________________________________________________________________

31281 Polly Branch Rd., Selbyville, DE 19975

15. COORDINATOR’S CONTACT NUMBERS: HOME: ___________________________WORK: ________________________ 302-436-8240 800-872-9595 FAX:_____________________________CELL: __________________________ E-MAIL ADDRESS: ________________________________________________ OTHER: __________________________________________________________

302-436-0140 [email protected]

443-614-2406

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 0. 5

_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________



22nd St. Days Inn


No

____________________________________________________________________ ____________________________________________________________________


N/A

____________________________________________________________________


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.): ____________________________________________________________________

____________________________________________________________________

____________________________________________________________________ ____________________________________________________________________


No


Cancel


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,


N/A

30. DESCRIBE EVENT PRIZES/AWARDS: __________________________________ ____________________________________________________________________ ____________________________________________________________________

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

N/A

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

N/A

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

N/A

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.

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.

N/A

36. DO YOU EXPECT TO SERVE/SELL/DISTRIBUTE ALCOHOLIC BEVERAGES AT YOUR EVENT? ___________IF SO, PLEASE DESCRIBE INTENT (include N/A 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. 37. EXPECTED NUMBER OF PARTICIPANTS: ______________________________ 50 motorcycles 75 people 38. EXPECTED NUMBER OF SPECTATORS: ________________________________ N/A

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 OBTAINED THIS PERMIT? ___________IF SO, PLEASE ATTACHED A COPY N/A 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. IS DIAGRAM INCLUDED WITH APPLICATION? YES________NO_______ X 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. APPLICANT’S SIGNATURE___________________________DATE_______________ Signature on File 6/20/12

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. APPLICANT’S SIGNATURE___________________________DATE_______________ Signature on File 6/20/12

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. APPLICANT’S SIGNATURE___________________________DATE_______________ Signature on File 6/20/12 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. APPLICANT’S SIGNATURE___________________________DATE_______________ Signature on File 6/20/12

Page 9 of 9


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


Agenda Item # 6C Council Meeting August 20, 2012 TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Lisa Mitchell, Private Events Coordinator RE: Seaside 10 3-year event approval continuation request DATE: August 14, 2012 ISSUE(S): Requesting a continuation of their 3-year event approval to

include October 25, 2014. SUMMARY: 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.

FISCAL IMPACT: Non-specified RECOMMENDATION: To approve the 3-year continuation request to include the 2014

date. ALTERNATIVES: Do not approve the 3-year continuation request. RESPONSIBLE STAFF:


COORDINATED WITH: Appropriate staff, specifically OCPD and Public Works. ATTACHMENT (S): 1) October 2014 Calendar

2) Cover Sheet 3) Application for 2012 4) Race Route 10-Mile 5) Race Route 5K

Sun Mon Tue Wed Thu Fri Sat 1 2 3 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

October

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.


Council Ruling: ________________________________________________

Applicant Notified of Meeting Results: _____________________________


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. 1. TITLE OF EVENT: ____________________________________________________ Seaside 10 Mile Run 2. IS THIS A NEW EVENT? ______________________________________________ No 3. DATE(S) OF EVENT: __________________________________________________ 10/27/2012, 10/26/2013 and add 10/25/2014

4. STARTING & ENDING TIMES OF EVENT: _______________________________ 5:30 a.m. to 12:00 noon 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


FAX: _________________________ E:MAIL: _____________________________ 410-352-5478

[email protected] 12. IF ORGANIZATION IS NONPROFIT, LIST NONPROFIT CLASSIFICATION AND IDENTIFICATION NUMBER: ____________________________________ _____________________________________________________________________ _____________________________________________________________________

N/A

13. ON-SITE EVENT COORDINATOR: ______________________________________ Chris Klebe

14. OCEAN CITY/LOCAL ADDRESS OF COORDINATOR: ____________________ _____________________________________________________________________ _____________________________________________________________________

Same as above

15. COORDINATOR’S CONTACT NUMBERS: HOME: ___________________________WORK: ________________________ 410-352-5478 FAX:_____________________________CELL: __________________________ E-MAIL ADDRESS: ________________________________________________ OTHER: __________________________________________________________

[email protected]

443-497-4324

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

_____________________________________________________________________

_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________



Inlet Parking Lot under tent


No

____________________________________________________________________ ____________________________________________________________________


Same as past set up the tent of Friday before event

____________________________________________________________________


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

____________________________________________________________________ ____________________________________________________________________


Yes


Rain or shine


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,


Yes

Worcester Youth and Family

30. DESCRIBE EVENT PRIZES/AWARDS: __________________________________ ____________________________________________________________________ ____________________________________________________________________

Top 3 in age groups

____________________________________________________________________ ____________________________________________________________________

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

No

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

Yes

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

yes

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.

No

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

No

36. DO YOU EXPECT TO SERVE/SELL/DISTRIBUTE ALCOHOLIC BEVERAGES AT YOUR EVENT? ___________IF SO, PLEASE DESCRIBE INTENT (include Yes 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. 37. EXPECTED NUMBER OF PARTICIPANTS: ______________________________ 1,500 38. EXPECTED NUMBER OF SPECTATORS: ________________________________ 400

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 OBTAINED THIS PERMIT? ___________IF SO, PLEASE ATTACHED A COPY yes 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. IS DIAGRAM INCLUDED WITH APPLICATION? YES________NO_______ X 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. APPLICANT’S SIGNATURE___________________________DATE_______________ Signature on File 6/27/12

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. APPLICANT’S SIGNATURE___________________________DATE_______________ Signature on File 6/27/12

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. APPLICANT’S SIGNATURE___________________________DATE_______________ Signature on File 6/27/12 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. APPLICANT’S SIGNATURE___________________________DATE_______________ Signature on File 6/27/12

Page 9 of 9

seaside 10 miler 2011Starts In Ocean City, Maryland

Description

10.00 miles



Seaside 10 5k 2011Starts In Ocean City, Maryland

Description

3.10 miles



Seaside 10 5k 2011Starts In Ocean City, Maryland

Notes

AT FOR NOTES


Notes

AT FOR NOTES

3.12 mi.





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


Agenda Item # 10 Council Meeting August 20, 2012 TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: R. Blaine Smith, Zoning Administrator RE: DP&L Conditional Use Request DATE: August 14, 2012 ISSUE(S): Conditional Use request to expand the existing substation

between 138th and 139th Streets in Caine Woods SUMMARY: Delmarva Power and Light is requesting approval of a Conditional

Use to expand the existing substation in Caine Woods between 137th and 138th Streets.

FISCAL IMPACT: No fiscal impact to the Town. RECOMMENDATION: 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.

ALTERNATIVES: Amendment of conditions or denial of request RESPONSIBLE STAFF:

Blaine Smith, Zoning Administrator Jesse Houston, Planning & Community Development Director Kay Stroud, Zoning Analyst

COORDINATED WITH: Terry McGean, City Engineer ATTACHMENT(S): 1) Recommendation

2) Finding of Fact 3) Transcript of public hearing 4) Exhibits

ATTACHMENTS

1 Planning Commission recommendation Finding of Fact2 Application legal advertisement mailings posting3 Preliminary site plan4 Conditional Use provisions5 Zoning map6 Zoning regulations Ord 2011 307 Prior zoning approval8 Comprehensive Plan reference Scientific background9 Terry McGeansmemo10 Applicantspower point presentation11 Expert witness credentials Applicantssound study analysis12 ApplicantsEMF analysis13 Photographs14 Opposition Exhibits

ATTACHMENT 1

i

Reply to Planning and Zoning CommissionPO Box 158

Ocean City MD 218434102898855

CERTIFIED MAIL

RETURN RECEIPT REQUESTED

August 9 2012

Delmarva Power Light CompanyCo Mr Neil Baker

2530 N Salisbury BlvdP O Box 1739

Salisbury MD 218021739

Dear Mr Baker

Re Pursuant to the provisions of Article 11 Division 5 Section 110121 et seqConditional Uses a request has been filed under the provisions of Section 1103042Uses permitted by Conditional Use in the R2A Low Density Multiple Family ResidentialDistrict to permit expansion of existing electrical substation The site of the request isdescribed as Lots 1A and 1 B as shown on a Plat entitled Resubdivision Lot 1 Block110 Fenwick Plat No 4 recorded in Plat Book RHO No 153 page 75 and Lots2A and 213 as shown on a Plat entitled Resubdivision Lot 2 Block 150 Fenwick Platand recorded among the Plat Records in Plat Book 190 Page 60 Parcels 2623A and2624A Map 118 further described as located on Sinepuxent and DerricksonAvenues between 137 and 138 Street in the Town of Ocean City MarylandFILE 1212100002

On Tuesday August 7 2012 the Planning and Zoning Commission of OceanCity Maryland conducted a public hearing to consider the above referenced requestThe Commission considered all testimony and exhibits and voted unanimously 40 tosend the Mayor and City Council a favorable recommendation for approval of the abovedescribed Conditional Use application

By copy of this letter the Mayor and City Council will be notified of theCommissionsrecommendation You are now scheduled to appear before a regularsession of the Mayor and City Council at 6 PM Monday August 20 2012 in the CouncilChambers of City Hall located at 3 Street and Baltimore Avenue in the Town of OceanCity Maryland Please be advised that the Council will make their decision at that time

Delmarva Power Light CompanyCo Mr Neil Baker

2530 N Salisbury BlvdP O Box 1739

Salisbury MD 218021739Page Two

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

SincerelyPlanning and Zoning Commission

Pam Greer BuckleyChairperson

ks

cc David Recor City ManagerMayor and City CouncilGuy R Ayres III City SolicitorAll Planning Commission MembersWilliam E Esham III Attorney for CommissionJesse C Houston DirectorPlanning DevelopmentVincent De Paul Gisriel Jr 14008 Sailing Road Ocean City MD 21842Donna Moulton 206138 Street Ocean City MD 21842Richard Hansen 201 139 Street Ocean City MD 21842Bruce R Davis 301 138 Street Ocean City MD 21842Complete list of adjacent property ownersFile 1212100002

Correspondence 12

FINDING OF FACT

1212100002 CONDITIONAL USE FOR EXPANSION OF EXISTING ELECTRICAL

SUBSTATION IN THE R2 LOW DENSITY MULTI FAMILY RESIDENTIAL DISTRICT

LOCATED BETWEEN SINEPUXENT DERRICKSON AVENUES AND 137 138

STREETS

DELMARVA POWER 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 RHO 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

1 Population Change

Existing and proposed population is anticipated to remain the same based on the

original Fenwick Subdivision Plat and the R1 and R2A zoning designations which

indicate that adjacent lots in the neighborhood would remain a single family

neighborhood However the properties to the east zoned LC1 Local Commercial

have been built out as commercial use including the miniature golf course the Elks

Lodge the Bayside ShopARama 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 DPL determined in 1974 that this substation was necessary to provide

adequate electric for this sector of town 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 R2A 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 LC1 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 lowsound

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

Towns 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 FORMPLANNING AND ZONING COMMISSION

OCEAN CITY MARYLAND

DATE ZI Z FILE NO 01 Zi 00002

APPLICANT Delmarva Power 8 Wght Comoany RECEIPT NO 31ZIa Corporation or e State or Delaware arm woe

Commonwealth of Viminis

MAILING

ADDRESS do Neil Bakerz0au N balisDury Blvd PD Box I 7Salisburv MD 218021739

TELEPHONE 4108606570

PURPOSE OF APPLICATION CHECK ONECONDITIONAL USE XX

VARIANCE FOR SUBDIVISION REGULATIONS

APPLICATION DESCRIPTIONReauest a conditional use oursuant to Sac 110121 et sea to allow for an electrical suhetntinwexpansion into an R2A zone pursuant to Ordinance 201130 pursuant to Section 1103042

PROPERTY DESCRIPTION MUST BE ACCURATE INCLUDING LOT AND BLOCKAND DESIGNATION IF ANY

Lots 1A and Is as shown on a Plat entitled Resubdivislon Lot i Block 110 Fenwiek Plat No 4 recorded In

Plat BookRHO1S3 oa275 and Lots 2A and 2B as shown on a plat entitled Resubdivision Plat

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 10368723101690031016899610439566

Before a public hearing can be scheduled the following must be submitted to thePlanning and Zoning Commission

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

2 Filing fee in the amount of 45000payable to the Mayor and Council ofOcean City pursuant to Section 11053of the Code of Ocean City Maryland

3 Properly completed application form including signatures and notarization ifrequired

r

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

a If the applicant is a corporation the names and residences of the officersdirectors and all stockholders owning more than 20 of the capital stock of thecorporation

Please see Exhibit to Application

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

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

d If the property owner is a partnership whether a general or limited partnershipthe names and residences of all general partners and all partners who own more than20 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 estateInvestment trust or other business trust the names and residences of all personsholding an interest of more than 20 In the joint venture unincorporated associationreal estate Investment trust or other business trust

h If the property owner is a joint venture unincorporated association real estateinvestment trust or other business trust the names and residences of all personsholding an interest of more then 20 in the joint venture unincorporated associationreal estate investment trust or other business trust

Me hereby make the above application and by signing below applicantrepresents that he has properly completed the application form and that he assumes allresponsibility for errors contained herein

Notarization of signature of Applicant and Prope Owner Is required unless signed inthe presence of the Zoning Administrator

V

Da d M Ve

President C O

rpSubscribed and sworn before me this da 20 1z

NOTARY PUBLIC

SEAL My CommisinExpires

David M VelazqPresident 8 MO

Subscribed and sworn before me this 15 da eeae 20 cz

NOTARY PUBLIC

SEAL My Commisot

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 Chairman

Kirk J Emge

David M Velazquez

Officer

Joseph M Rigby Chairman

David M Velazquez President and CEO

Anthony J Kamerick Senior Vice President and CFO

Kirk J Emge Senior Vice President and General Counsel

William M Gausman Senior Vice President

Michael J Sullivan Senior Vice President

Ronald K Clark Vice President Controller

Kevin M McGowan Vice President Treasurer

Michael W Maxwell Vice President

Hallie M Reese Vice President

Gary R Stockbridge Vice President

J Mack Wathen Vice President Assistant Treasurer Assistant SecretaryJane K Storero Secretary

Donna J Kinzel Assistant Treasurer

Patrick J Nisco Assistant Treasurer Assistant Secretary

Jeffery E Snyder Assistant Treasurer Assistant SecretaryCharlene Anderson Assistant Secretary

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0C1ArmLN C0 1 YThe White Marlin Capital ofthe World

MAYOR CITY COUNCIL

Reply To Planning and Zoning CommissionPO

OCEANNCITY MARYLAND

P O Box 158 118430158

Ocean City Maryland 21843wwwoceancltyndgov

Phone 4102898855

Fax 4102898705 MAYORRICHARD W MEEHAN

CERTIFIED MAIL CITY COUNCIL MEMBERS

RETURN RECEIPT REQUESTED JAMES S HALLPresident

Delmarva Power Light Company LLOYD MARTIN

Co Mr Neil Baker secretary

2530 N Salisbury Blvd BRENT ASHLEY

P O Box 1739 DOUGLAS S CYMEKJOE

Salisbury MD 2188021739 MARYP KNIGHTMARGARET PILLAS

Dear Mr Baker

RICHARD W MEEHAN

Re Pursuant to the provisions of Article II Division 5 Section 110121 et seq Conditional Uses aInterim City Manager

request has been filed under the provisions of Section 1103042Uses permitted by Conditional Use in KELLY L ALLMOND CMC

the R2A Low Density Multiple Family Residential District to permit expansion of existing electrical CyCierk

substation The site of the request is described as Lots lA and IB as shown on a Plat entitled Resubdivision Lot 1 Block 110 Fenwick Plat No 4 recorded in Plat BookRHONo 153 page 75 and Lots2A and 2B as shown on a Plat entitled Resubdivision Lot 2 Block 150 Fenwick Plat and recorded among the Plat Records inPlat Book 190 Page 60 Parcels 2623A and 2624A Map 118 further described as located on Sinepuxent and DerricksonAvenues 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 March 202012 at 715 PM in the Council Chambers of City Hall located at Third Street and Baltimore Avenue in the Town of Ocean CityMaryland At that time the Commission appointed to be the hearing examiners for the Mayor and City Council will considerthe above referenced request

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

SincerelyPlanning and Zoning Commission

cc Mayor and City Council

A AAll Planning and Zoning Commission MembersWilliam E Esham III Attorney for CommissionJesse C Houston DirectorPlanning DevelopmentFile 1212100002

Ocean City MD

III2001

Ma r 16 2012 1111AM No 1993 P 1

LAW OFFICES

WILLIAMS MOORE SHOCKLEY t3 HARRISON LLPUNIT 2

1044LWETRACK ROAD

BERLIN MARYLAND 21811MARCUS 1 WILLIAMS 192344

4101841 8080MAIN OFFICE

lOSF3H P MOORE 3509 COASTAL HIGHWAYTELEFAX 410 8418282

RAYMOND C SHOCKLEY OCEAN CITY MD 21842

JOSUR G AARRTSON L MAILING ADDRESS 4102aQ0W3

RICHARD COLLINS F 0 BOX 1530 TELEFA4102894157REGAN pt S11ITH BERLIN MARYLAND 21811CHRISTOPHER Z WOODLEY MAILING ADDRESS

3509 COASTAL HWY

WILLIAM H CATHELL OCEAN CITY AID 21842

MATTHEW L COOKSON

OF COVNSEL

EDWARD H HAMMOND JR

March 16 2012

Pam Buckley ChairmanOcean City Planning CommissionAttn Kay StroudTown of Ocean City301 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 ofOcean City Final electrical design work on the proposed Static Var Compensator at 138Streethas taken longer than anticipated When the electrical design work is finalized Delmarva Powerwill seek a future date to appear before the ocean City Planning Commission and will providefinalized design materials along with accompanying studies on sound and electric and magneticfields

Sincerely

egan JR Smith

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TOWN OF

OCEAN CITYThe White Marlin Capital of the World

MAYOR CITY COUNCIL

PO BOX 158

OCEAN CPTY

Reply To Planning and Zoning Commission MARYLAND 218430158

P O Box 158

Ocean City Maryland 21843 wwwoceancidgov

Phone 4102898855 MAYOR

Fax 4102898703 RICHARD W MEEHAN

CITY COUNCIL MEMBERS

CERTIFIED MAILLAMES S HALLJAMES

RETURN RECEIPT REQUESTED LLOYD MARTINswmlary

Delmarva Power Light Company DOUGsCYMEKCo Mr Neil Baker JOSEPH T HALL H

2530 N Salisbury Boulevard MLASP O Box 1739

Salisbury MD 218021739

Dear Mr Baker

Re Pursuant to the provisions of Article II Division 5 Section 110121 et seqConditional Uses a request has been filed under the provisions of Section 1103042 Uses permitted by Conditional Use in the R2A Low Density MultipleFamily Residential District to permit expansion of existing electrical substationThe site of the request is described as Lots 1 A and 1 B as shown on a Plat entitledResubdivision Lot 1 Block 110 Fenwick Plat No 4 recorded in Plat Book RHONo 153 page 75 and Lots 2A and 2B as shown on a Plat entitled ResubdivisionLot 2 Block 150 Fenwick Plat and recorded among the Plat Records in Plat Book190 Page 60 Parcels 2623A and 2624A Map 118 further described as located onSinepuxent and Derrickson Avenues between 137 and 138 Street inthe Town of Ocean City Maryland FILE 1212100002

This is to advise you that the Planning and Zoning Commission will conduct a publichearing on Tuesday August 7 2012 at 700 PM in the Council Chambers of City Hall locatedat Third Street and Baltimore Avenue in the Town of Ocean City Maryland At that time theCommission appointed to be the hearing examiners for the Mayor and City Council willconsider the above referenced request

Subsequent to the public hearing the Commission will notify you as to theirrecommendation that will be forwarded to the Mayor and City Council concerning yourrequest

SincerelyPlanning and Zoning

Commissiocc David Recor City Manager fMayor and City Council T Zrvcxc cAll Planning and Zoning Commission MembersWilliam E Esham III Attorney for CommissionJesse C Houston DirectorP Z Ocean City MD

hVIVIA

AFATM101III

TOWN OF

C1TTYThe White Marlin Capital ofthe World

MAYOR CITY COUNCIL

Planning and Zoning Commission PO BOX 158

PO Box 158OCEAN

58MARYLAND

Ocean City MD 218430158Phone 4102898855

wwwoceancttymdgov

Fax 410 2898705 MAYOR

RICHARD W MEEHAN j

CITY COUNCIL MEMBERS

JAMES S HALL

President

LLOYD MARTIN

Secretary

NOTICE TO AFFECTED PROPERTY OWNERS BRENT ASHLEYDOUGLAS S CYMEK

JOE HALL

MARY P KNIGHT

MARGARET PILLAS

The attached information concerning a public hearing to be held before the Planning andZoning Commission of the Town of Ocean City Maryland is being forwarded to you in order to RICHARD W MEEHAN

inform you of a potential land use decision that may affect your property Should you have Interim Cay Manager

concerns or questions regarding the request we encourage you to attend the meeting KELLY L ALLMOND CMC

Written comments received are entered into the record but are only taken into advise Cit Clerk

ment as you have not heard the presentation or been available for questions by theCommission or the Applicant

If you have any questions concerning this matter please do not hesitate to contact thisoffice at 410 2898855 Prior to attending this meeting we would suggest that you contact our office the day of thehearing to verify the hearing schedule

ks

PUBLIC HEARING INFORMATION ON REVERSE SIDE FOR YOUR REVIEW

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6202 MALLARD LANDING CT 1311 GLENCOE RDDALLAS TX 75265

LOTHIAN MD 20711 SPARKS MD 21152

MOULTON DONNA MARY HAYES 138TH ST PARTNERSDAVIS BRUCE R

206 138TH ST 151 GREENVIEW DRLOUISA W DAVIS

OCEAN CITY MD 21842 LANCASTER PA 17601301 138TH ST

OCEAN CITY MD 21842

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BILLINGS DANIEL PHYLLIS CORTINA JACK D JANICE RLULA ROBERT C SR MARYANN P

BILLINGS CORTINA FOR LIFE306 138TH ST

3013 SANDY HOOK RD 645 210TH STOCEAN CITY MD 21842

BEL AIR MD 21015 PASADENA MD 21122

BENEDETTI SALVATORE VHANSEN RICHARD L IRENE A

DOLIVKA JEROME F

MARIA P FOR LIFE201 139TH ST

4112 HAVARD STOCEAN CITY MD 21842

1613 CHESACO AVE

SILVER SPRING MD 20906 BALTIMORE MD 21237

STARKLOFF WILLIAM BERTHOLD IIIOC PARTNERS

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KANDACE CARTER PYLE

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ZALATIMO SAM KATHY MAHASSEL EDWARD A ANNWEBSTER MARY JANE B

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304 S BAY DR 1403 RIVER RD 305 S BAY DR APT BOCEAN CITY MD 21842 WILMINGTON DE 19809 OCEAN CITY MD 21842

REDA JAMES A DEBORAH J OCONNOR RICHARD L BARBARA AMATHE DAVID L

1524 NATIONAL RD 9 WILLIAM STREETMARGARET L MATHE

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GAITHERSBURG MD 20877 ANNAPOLIS MD 2140313352 HUNT ROGELLICOTT CITY MD 21042

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HELEN M AMOS ELLSWORTH E JEAN Y MCCREA67 RAWLINSON RD

3616 GRIER NURSERY RD CO ELLSWORTH MCCREAROCHESTER NY 14617

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WAYNESBORO PA 17268

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4617 VALLEY FORGE DRLIMERICK PA 19468

136 RAVENSWOOD COURTROCKVILLE MD 20853

JOPPA MD 21085

STANZIOLA GERALD RALPHGALVIN ROGER W NANCY L REEDY ROGER L CHERYL L

DONNAMARIE M24965 BACK CREEK DR 10326 MAR ROCK DR

1508 CONCORD CTST MICHAELS MD 21663 HAGERSTOWN MD 21740

QUAKERTOWN PA 18951

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CO ANGELA R CORBIN 1238 PRINCE STREET PO BOX 231403 FOUNTAIN ROAD DUNKIRK MD 20754 WILMINGTON DE 19899

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MILLS THOMAS 0 KRISTEN MILLSYAWORNICKY THEODORE KELLY JOSEPH V JR

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IJAMSVILLE MD 217547109 LAYTON DR 307 CORNWALL STSPRINGFIELD VA 22150 BALTIMORE MD 21224

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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 RHO No 153 page 75 and Lots 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

Streets in the Town of Ocean City Maryland

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ATTACHMENT 4

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1 0 8 OCEAN CrrY CODE

pacify ng Periodspecial exaePtioanrvariance was granted orifthes some longer od

than one year for good balase shown Once aspecial exception or variance has expired theprovisions of these rgulationsaluffiaere dbergovernOrd No 109314 115 361191

Sec 11099 fiend mmtrofspecialexcepticm variance

ThevocedureoramenAmentof as apprOV4edVecigi tiuhory

a change of conditions attached to an approvs 4hali beFheasfotIr1ew itqHoafinnexcept that Minor otamagpXvea i4tenmpavjps Pr WeboaAarbgatarmedUbg afterwxIitea reports by the RdU4Z istratssrat The ameadmeats aiammorand Au ikat aegiiteap4Mc hea4Ug

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ZONING110122

to theapplication and all relevant data PlanningCommission who shall hold a public hearingin accordance with article II division 7 on the proposed conditional use and shall review thesite plan for compliance with the requirements of this chapter before submitting its recommendation and report to the Mayor and Council The Planning Commission may makereasonable additional requirements including but not limited to any of the following

1 Utilities

2 Drainage

3 No outside signs or advertising structures except professional or directional signs4 Limitation of signs as to size type color location orill5 Amount direction and location of outdoor lighting6 Amount and location ofAffstreet larking and loading spaces7 Cleaning or painting

8 Gable roofer othertype

9 Construction and materials

10 Connection or disconnection with other buildings11 Exits or entrances doors and windows

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

P Time of47 or night for operation of use14 No storefronts

15 tratraTctiageslfi ogt of or elim adtiop 4m9 r dlaet gas noise onuiratipn Caused by opalations17 Curb cuts and traffic control

18 Height of buildings andsetback of buildings19 Such other conditions as are necessary a

b After receiving the report and recommendation from the Planning Commission theMaenad CtSunils7iall make diagsoi net in eachtjjdofici3lctridiffg baitYiot1mitedta01i 611owiug

00 Populationcliange2 Availability of public facilities

3 Present and future transportation patterns

4 Compatibility with existing and proposed development for the area5 The recommendation of the Planning Commission6 The relationship of such proposed conditional use to the comprehensive Plan

8upp No 5 CD11037

r110122 OCEAN CITY CODE

c The Mayor and Council may impose such conditions and restrictions upon the establishment location construction maintenance and operation thereof es deemed necessary toreduce or Toinimi e any effect of such use upon other properties in the neighborhood andtosecure compliance with the standards and requirements specified in this chapter The Mayorand Council may require such evidence and guarantees as it deerp4necessary to ensurecompliance with conditions imposed in connection therewith Failure to comply with suchconditions and restrictions imposed shall constitute a violation of this chapter

Tjnlessother visesgeezfiy in dais division or specified p4 a condition theheight limits yard spaces lot area and sign requirements shaIl liet same as for other usesin the district in which theconditional rise is loeated

e Following approval by the MkYpr Arid Council a fill siteplgn sW be prepared inZ

compliance with the sp c bogs o h yogi gdavrielIaa t ie iegiSiTemi is tliis

chapter and applicable laws regulations and ordinances and kd inn the reebrifb of iffiedepartment Permits shall be issued in accordance with the approved site planOrd No 19931 105342 1191993

Sec 110123 Acceptance ofconclf4iduse aplsfi

Anp conditional use apprPvedbvthg Mayor and CouAdI must be unconditionally eceEas approved bywri agreemeat Eo re Mayor and ouncilby Che apghcaat regYte g such

t

use within 90 days alessuchconditional1gse has been app E by the MaYor a btiuncxl I

the applicant ie s person other the the propeiEyYiiWiowners I2gal representative shall cosign the acceptance agreementFAM4x p Ncepa

Gwriting as herein provided any such use so approved byte e and axeil6e

coaside a sajectiuYv aZCdabandorunmt b the app icaaat stiff c baal tik so

appriw ritodsEtr4 vir

LFai4v4 TIZti4Yi7lF S T

T311 1 a SNY 1 C

yGLi 1 ltwJSec i1042 PiLIjlkhe7100s accts 606e seil age

15bdrix2 Cw rt tT h CTU J YF aat3s yffd ik kv1tiayeF r aka d

Pk 1g Conm ssiornllhereby designaWasthehesriag oxabififpi 09004publie hearingsasrequired by theprovisions o Ann Cade of1V1d artGsXgnds

A quorum of four members of saidPlarming Commissioa shall Iii sn t gr oltuaghearings required under this chapter and a majorityvoteofirs6ltd Ylbsoftliectimigbibnshallbe requireifora favorable recommendation for any changesnxeadment or supplementto this chapter

b Unless otherwise expressly provided by law all notices to the general publiarequired bythe terms ofthis chapter shall be in accordance with article IL division 7

Supp No 5 CI111038

ZONING110140

AMM

1 c Whenever an applicant for a conditional use cancels or withdraws his application afteran advertisement for a public hearing in connection with said application has been publishedany resched for a public hearing on said application or reapplication for the sameconditional use shall be more than four months after the original public hearing wasscheduled

d Whenever an application requesting a conditional use has been denied by the May0rand Council such application or one substantially similar shall not be reconsidered soonerthan one year after the previous denialOrd No 19931 106344 1191993

See 110125 Lapse of conditional use

After the Mayor and Council have approved a conditional use the conditional use soapproved shall lapse after the expiration of one year if no substantial construction or changeof use has taken place in accordance with the plans for which such conditional use wasapproved or if the Mayor and Council does not specify some longer period than one year forgood cause shown Once a conditional use has expired the provisions of these regulations shallthereafter govern

Ord No 19931 105345 1191993

Sec 110126 Abandonment of conditional use

t Whenever a conditional use which was approved by the Mayor and Council remains idle orunused for a continuous period of two years whether or not the equipment or fixtures areremoved such use so approved shall be considered abandoned and thereafter shall be null andvoid and of no effect whatsoever

Ord No 19931 105346 1191993

Sec 110127 Violation of conditions

Upon reasonable belief that a violation of the conditions imposed upon a conditional useeststhe Plai Commission shall notify tTie property owner of the alleged violationsbyhand delivery or certified mailing and shall schedule a hearing within 72 hours after saidnotification After the hearing thereon if the Planning Commission determines upon apreponderance of the evidence that a violationshas occurred thePlanning Commission mayissue a reprimand suspend or revoke the conditional use Any party aggrieved by thedetermination of the Plan Commission may appeal same to the Mayor and City Councilwithin 72 hours after said determination The appeal stays thedeterminationof the PlanningCommission pending the final determination of the Mayor and City Council The Mayor andCity Council shall hold a hearing as timely as possible The hearing shall be on the record asestablished before the Planning Commi sion and the Mayor and City Council may reverseaffirm or modify the Planning CommissionsdeterminationOrd No 200123 1232001

Secs 110128 110140 Reserved

3upp No 5 Cj1110381

PLANNING COMMISSION

Conditional Use Legal Standard

It is recognized however that there are certain uses which because of their uniquecharacteristics cannot be properly classified in any particular district without furtherconsideration in each case of their impact of those uses upon neighboring LandSection 110121 Purposes Codes of the Town of Ocean City

A conditional use refers to a permissive Land use category authorized by a zoning oradministrative body pursuant to the existing provisions of the zoning law and subject to guidesstandards and conditions for such special use which is permitted under the provisions of theexisting 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 ordinaryadverse effects of the use be greater at that location because of the unique characteristics of thatlocationsneighborhood than would be the case if the uses were relocated elsewhere in the zoneDays Cove Reclamation Co vs Queen AnnesCounty 146 Md App 469 2002 Abrams Guideto Maryland Zoning Decisions 2008 Cum Supp at 46

The question is not whether the proposed use will have some adverse effect on thesurrounding area because that is the nature of special exceptions The test is whether theadverse effects would be greater or more detrimental at the subject location than would be theresult if located elsewhere in the same zone Lucas v Peoples Counsel for Baltimore County147 Md App 209 2002 Abrams Guide to Maryland to Maryland Zoning Decisions 2008 CumSupp at 47

Planning Zoning CommissionOcean City Maryland

Case j2 121000 O z

Exhibit Date12

5

t

r

111

GUIDETO

MARYLANDZONING

DECISION

RELATEDAREAS

1121

menuThenee

vide

flexibQ1of

useand

develo

site

plan

reviewand

permitsare

presentedto

roundout

b

wentre

uirementawit

gptopriatepro

covecensierr

the

comprehensivenatureof

this

chapter

fosteredthe

growthof

thecoRCegtaoithespec

excentionf

i

e

coxislitionaluses

varianceand

nonconforgi

112

Special

Exceptions

ing

use

Each

conceptis

differentin

definitionstandard

and

purposeAs

ecial

exceptionor

conditionaluse

refers

r

1121

DecisionsGenerally

toa

permissivelariuseca

egoryou

orize

r

a

inistratiivt

theCademv

Nanna243Md536543

221

A2d703707

the

zoningalw

anlsubjectoo

deaatandardaandcog1966

iQneor

such

I

ivns

oftheexistingzLWftglavaA

variancerefersto

ad

Thiscase

pointsoutthe

marked

distinctionbetweenre

ministrativereliefwhich

maybe

grantedfromthe

strict

zoningand

special

exceptions

ra

applicationofa

particulardevelopment

limitationinth

Thewords

special

exceptionare

well

knownin

zoning

zoning

ordinanceL

setbackareaand

heightlimits

law

Theyrefertoa

grantbya

zoning

administrativebody

35

tionsetcThe

principleofa

nonconforminguse

protecfs

pursuantto

the

existingprovisionsof

the

zoninglawand

j

the

vestedrightsof

propertyowners

againstchangesiu

ti

subjectto

certainguidesand

standardsofa

specialuse

zoning

ordinancewhich

may

impairor

prohibitthe

owner

permittedunderthe

provisionsof

the

existingzoninglaw

existinguseof

his

property

CitationsomittedRezoningor

reclassificationis

of

c

In

the

followingsections

caseswillbe

citedwhichdefin

oursea

changein

the

existinglaw

itselfso

faras

the

thesetermsandtoe

burdenof

proofuponthe

applican

u

sbjectpropertyis

concernedThis

typeof

changein

the

seekingsuch

reliefas

wellas

present

considerationsin

zoninglawis

governedby

quite

differentprovisionsof

law

their

practical

application

fromthose

governingthe

grantingofa

special

exception

Toa

lesserextent

caseswillbe

presentedreflectingeur

The

abovecasewas

citedin

the

lattercaseof

Zengerlev

rent

Courtof

Appealsrulingson

the

issuesof

aestheticstj

Boardof

CountyCommisfor

FrederickCounty

262Md1

this

considerationappliesto

zoningand

subdivisionicon19

276

A2d646655

1971

trol

Whiletheselatter

issuesare

importantthey

tendraMartinMariettaA

atesv

Citizens41

Md

App26

strayfromthe

formatof

this

workandwillbe

givenonl

gig

g

3

cursory

examination

95

A2d179

1978

Manynew

subjectareasare

includedin

thischaterdu

Thiscase

recognizedthe

basic

distinctionbetweena

re

j

to

their

current

importanceSomedealwith

importantne

zoningwhich

involvesa

changein

thelaw

effectuatedby

topicssuchas

referendumzoning

odevel

p

g

1

the

legislativebodyofa

municipalitywhere

conditions

mentrights

environmentalimpact

considerationsimps

Have

changedto

warrantsucha

fundamentalrevisionand

feesto

offsetpublic

infrastructurecostaand

historicdia

wspecialexception

whichis

permissiongiventoa

board

trict

zoningOther

topicssuchas

zoningtext

amendments

properlyauthorizedby

the

zoning

ordinanceforan

appli

enforcementof

zoninglaws

zoningof

annexedproperty

cantto

usehis

propertyina

mannercontraryto

provisions

338

339

5Y

112

GUIDETO

MARYLANDZONING

DECISIONS

2008

CUMULATIVESUPPLEMENT

112

urban

renewalto

assist

businessexpansionand

cannotuseits

quick

the

aspectsof

the

Schultzv

Prittstest

becausethe

subjectuse

could

i

take

powersto

merelystockpilelandor

gaina

litigationadvantageThe

not

havea

greateradverseeffectat

this

locationthanit

wouldhaveat

Cityis

requiredto

state

reasonsrelatingto

the

immediacyfor

the

some

locationother

cationwithinthe

zonesincethereis

no

suchthingas

H

taking

someother

locationwithinthe

zoneIn

this

casetherecouldbeno

M

comparativedegreeof

adverseimpact

as

thiswasthe

only

propertyat

i

this

locationzonedfor

businessHoweverthe

failureto

be

ableto

w

rendersuch

comparisonwherethe

conditionaluse

blanketsthe

entire

CHAPTER11

zonedoesnot

meanit

must

automaticallyresultin

approvalThe

degreeand

scaleof

theuseat

this

locationie

heavyrepairv

light

RELATEDAREAS

repairscouldbe

evaluatedAlsothe

locationalcomparisons

couldbe

geographicallybroadenedto

comparethe

likely

adverse

influencesat

other

locationsin

other

similarzonesSee

Mossburgv

MontgomeryO

112

Special

Exceptions

County107

Md

App1

666

A2d1253

1995wherethe

adverse

1121

DecisionsGenerally

influenceofa

waste

transferstationwas

comparednot

onlyto

other

y

MayorCity

locationswithintheI

2

Zonein

the

subjectareaof

the

propertybut

11

9

Add

before

EasternOutdoorAdverCov

Ma

withthe

influencesand

effectsat

locationsin

otherI

2

IndustrialZones

Council

y

ty

elsewherein

the

County

Futoryanv

Mayor150Md

App157819

A2d1074

2003

EasternOutdoorAdverCoa

MayorCity

Council146Md

App

Wherepropertyzoned

fqF

businessuseand

surroundedby

residen

283807

A2d49

2002

tial

developmentobtaineda

conditionaluse

permitin

1fora

Thiscase

reaffirmedthe

Schultzv

Pritts291Md1

432

A2d1319

gasolinestationandauto

pair

shop

Thereafterbetween1698

1999

testto

evaluatespecial

exceptionsand

conditionalusesA

special

the

station

primarilysold

gasolinewithauto

repairasa

secondary

exceptionusewillonlyfail

wherethe

adverseeffectfromthe

proposed

functionbutin

1999the

premiseswere

leasedtoa

taxi

companythat

use

herea

billboardin

an

urban

renewaldistrictwouldbe

aboveand

usedthe

propertyto

primarilyrepairits

taxi

fleetand

made

improve

beyondor

greaterthanthe

adverseeffects

inherentlyassociatedwith

mentsforthe

accommodationof

thisuseThe

Courtheldthata

change

suchuse

irrespectiveofits

locationwithinthe

zone

4

in

usehad

occurredA

significantalterationof

the

proportionsof

two

or

more

elementsina

mixeduseor

the

introductionofa

new

element

Herethe

boardsfindings

were

basicallyconclusoryas

the

decision

C1Atl x811

failedto

conveythe

boardsreasoningprocess

or

statethe

factsor

data

to

theuse

constitutesa

changein

useIt

was

appropriateforthe

Board

usedto

supportits

conclusionsAlsothe

boarddidnot

revealwhythe

to

exerciseits

expertiseto

interpretand

applythe

statuteandin

this

case

requirea

new

conditionaluse

approval

erectionof

the

billboardwouldhavean

adverseeffectin

the

neighbor

With

respectto

conditionaluse

approvalsthe

administrativeagency

hoodaboveand

beyondthe

adverseeffects

billboardsgenerally

create

engagesona

caseby

casebasisa

weighingprocessof

the

probable

11

12Add

before

Mosemanv

CountyCouncilfor

Prince

GeorgC

@Cy

benefitsversusthe

probabledetrimentsie

adverseeffectson

County

neighboringpropertiesThe

Boardmaygivedue

considerationto

the

DaysCove

ReclamationCov

QueenAnnesCounty146Md

App

natureand

conditionof

adjacentusesand

structuresandthe

effects

469807

A2d156

2002

upop

adjacentpropertiesdueto

the

operationand

conditionsof

the

The

conditionaluse

provisionsofa

countyzoning

codemustbe

read

subjectproperty

withthe

holdingof

Schultza

P

432

A2d1319

1981

ritts291

Md1

The

Courtnoted

thatin

the

unique

circurnstancesof

thiscaseie

in

graftedupon

themThe

denialofa

conditionaluse

permitfora

rubble

the

sub

propertyanduse

zonedfor

businessoses

being

fill

as

notsupportedunderthe

Schultztestby

the

evidenea

the

complete

surroundedby

residentiallyzoned

landit

coldnot

aonlvv

boarddidnot

distinguishbetweenadverseeffectsthatare

cdlrouto

i

11E

GUIDETO

MARYLANDZONING

DECISIONS

2008

CUMULATIVESUPPLEMENT

112

71

rubblelandfillsand

thosewhich

are

uniqueto

the

son

q

sit

s

foundto

be

insufficientwere

e

II1Og

those

reasons

s

31FdCa

special

exceptionto

be

grantedit

must

appearthattheuse

uestedwillnotbe

more

1

The

visualimpactof

the

heightof

the

rubblelandfill

would

We

y

Welfareof

the

localityinvolvedthanthe

effects

ormally

inherentwith

be

less

offensiveat

this

locationdueto

high

voltagetowers

i

that

alreadytraversed

site

pcha

useif

locatedgenerally

elsewherein

the

zoneThe

gggiggis

The

drawingof

trucktrafficto

thesiteandanin

in

tripstethePu

meadaterser

toa

rubblelandfillona

ruralroadis

not

uniqueto

thisuseor

I

unecauseAhaUsAhenature

opeciaLeXp

the

site

A

testis

whetherthe

adverse

effctlcl7graatetor

mpze

dPrPnral

asu

ectocatinthaq

e

ocatedelsewhereiu

3

Increasedspeedof

trafficand

humanfrailtiesin

the

samezone

Herethe

Board

properlyheldthatthe

impactof

the

maintaininga

trackn

lvedin

pFopos

siteas

unique

eftthe

subjectlocationwas

greaterthan

elsewherewhere

f

sstis

nota

basisto

describethis

the

thoroughbredhorse

racing

industryis

less

developed

Whilea

municipalitymay

not

controlor

regulatedueto

federal

The

effecton

propertyvalues

wouldbeno

more

adversethan

pxeemptionthe

sourceof

aircraftnoiseor

the

flightof

planesit

may

the

effecton

neighborhoodsby

high

voltagetowersor

railroadtracks

useits

policepowersto

mitigatethe

noiseby

useof

the

zoningpowert

5

Lackof

evidenceto

findthat

rubblelandfill

wouldhaveaC

h

11

15uA

heforeBoardof

County

Commrsfor

Cecil

Countyv

adverseeffecton

local

streamsand

lakes

particularlywhere

an

expertsopinionwas

basedon

speculationfromotheti

Holbrook

cal

scenariosand

were

factuallyinaccurate

Heardv

FoxshireAssocsLLC145

MdApp695806

A2d348

6

Effectof

multiI

had

been

2002

closedfor

some plb

landfillswherethe

other

landfillsh

Thereexistsa

distinctionbetweena

trialanda

hearingin

the

time

rs

applicabilityof

the

Rulesof

ProfessionalConductfor

attorneys

The

Schultz

requirementis

no

unique

t

satisfiedsimplyby

identifyingsome

characteristicof

the

neighborhood

Evidencemaybe

givenbyan

attorneyof

recordfora

partybeforean

characteristicto

su

thesuniqueadministrative

agency

Howeverin

orderto

be

given

evidentiary

of

heus

necgs

adverseeffectsis

saryatthe

ordinary

weight

statementsor

narrativeof

counselshouldbe

underoathItis

ofof

theb

eatera

that

enauseofthe

ufituec

t

Q

imperativethat

evidencegiven

beforean

adjudicatorybodybe

under

a

sdcsof

that

plocations

hborhoodthan

oath

whetherfroman

attorneyor

lay

personand

lay

witnessor

an

the

case

iftheuse

wereloca

wouldbe

vklipthe

11

13Add

beforesha

zgne

1a

sharp

expert

witness806A2d

348

111

HowardCountyBdof

Appeals

In

the

subjectcase

wherethe

only

evidenceoutsideof

the

SOCia

Lucasv

t

a

PeoplesCounselor

BaltiCount47

MdA

pP

e

f

applicantscounselsunswomnarrativewasthe

scant

observationsof

807

A2d1176

2002

h

pp

209

the

applicantsengineerthe

evidencebeforethe

Boardwas

neither

sufficientnor

substantialenoughto

supportthe

Boardsfactual

findings

Underthe

BaltimoreCount

Zoning

Ordinancethe

definitionof

approvingthe

special

exceptionto

extendthe

entrancefora

retailuse

eaningroleof

constructiondoesnot

Airportdespitethe

plainym

includea

facilityfor

helicoptersIn

lightof

the

legislativehistoryit

11

20Add

before

hmarrrHolly

d

PCC

was

appropriateto

view

specific

designationsai

trip

helistbpand

r

f

y

HillsIncv

AmericanPCs

helipadasa

modificationto

the

generalterm of

airport

distinctand

separateusesfor

differentlevelsof

aircraft

operations

TrailvTerrapinRunLLC174Md

App43

920

A2d597

2007

auportand

create

Themarr

The

comprehensiveplan

referencedin

Article66BM

Code

ofan

airstripwitha

helistopand

helipaddoesnot

create

Annotatedis

a

guideto

local

governmentsand

thereforeIWcial

airport7

A2d1192

exceptionuse

doesnot

haveto

strictlycomplywiththe

elan

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ATTACHMENT 6

I

First ReadingSecond Reading

ORDINANCE 2011 30

AN ORDINANCE TO AMEND CHAPTER 110 ENTITLED ZONINGOF THE CODE OF THE TOWN OF OCEAN CITY MARYLAND

NOS THEREFORE BE IT ENACTED AND ORDAINED BY THE MAYOR ANDCITY COUNCIL OF OCEAN CITY THAT CHAPTER 110 ENTITLED ZONING OF THECODE OF THE TOWN OF OCEAN CITY MARYLAND BE AND IS HEREBY AMENDEDBY REPEALING AND REENACTING WITH AMENDMENT SECTION 110304 ASFOLLOWS

Sec 110304 Uses permitted by conditional useI

The following uses are permitted by conditional use in accordance with article IL division5

1 Any use permitted by conditional use in the R1 single family residentialdistrict shall be permitted by conditional use within the R2A low densitymultiplefamily residential district

2 Public utilities and public services not otherwise regulated by theMaryland Public Service Commission including buildings treatmentplants pumping or regulator stations substations and principaltransmission lines but not including distribution and collection systems

INTRODUCED at a meeting of the City Council of Ocean City Maryland held onSeptember 6 2011

ADOPTED AND PASSED by the required vote of the elected membership of the CityCouncil and approved by the Mayor at its

jelptember 19 2011

AJll X011ATTEST

WAYNE M P OR erk

MEEyor

LAW OFFICES App as to Fo

AYRES JENKINS LPresident

GORDY ALMAND PA

SUITE 20o GUY R AYRES III City Solicitor62DO COASTAL HIGHWAY LLOYD WARM tecretaryOCEAN CITY MD 21842

1

Y

110280 OCEAN CITY CODE

Sec 110280 Site plan

Site plans are required for all uses in accordance with the provisions contained in article IIdivision 8 of this chapterOrd No 19931 105610 1191993

Secs 110 281 110300 Reserved

DIVISION 3 R2A LOW DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICT

Sec 110301 Purpose

The purpose of this district is to provide for 1Qty density multiple family residentialdevelopment compatible with singlefamily development This district is iri areas of mixed butprimarily single family residential types Develbpmei2t in this district is intended to reflect thesingle family nature of the surrounding propertiesOrd No 19931 10571 1191993

Sec 110302 Permitted uses

A building or land in the R2A low density multiple family residential district shall be usedonly for the following purposes r

1 Any use permitted in the R1 single family residential district

2 Twofamily dwellings subject to regulations of section 110906

3 TQwiibouses subject to regulationa of section 110906r

4 Multiple family dwellingsOrd No 19931 10572 1191993

Sec 110303 Uses permitted by special exceph0n

Tlie follow1hl9 isesare peimitted by specialedptioa iii loC rdaii6o with section X70 94Any use permitted by special exception in the R1 single family zeside tial districtshall be permitted by special exception within the R2A low density multiple familyresidential district

Ord No 19931 10573 1191993

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 shallbe permitted by conditional use within the R2A low density multiple family residential district

Ord No 19931 10574 1191993 a

CD11054

ZONING 110279

Sec 110276 Bulk regulations

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

1 Minimum lot area 7500 square feet

2 Minimum lot width 60 feet

3 Minimum lot depth 100

4 Minimum depth of front yard 20 feet

5 Minim width ofeach side yarda Five feet except as provided in subsections b and c belowb If the width ofthe lot is more than 50 feet themnmtotal side yards shall be

15 feet with no side yard being less than Eye feetC The mmun width of side yards for churches temples and synagogues shall be

25 feet

6 Minimum depth of rear yarda Fifteen feet except as provided in subsection b belowb The minin width of the rear yard for churches temples and synagogues shall

be 25 feet

t 7 Maximum building heighta Principal building Shall be no more than 35 feet and shall be no more than three

stories

b Accessory buildingShall be no more than 20 feet and shall be no more than 112stories

Ord No 19931 10566 1191993

Sec 110471 Offstreet parking sp

QWstreet parking spaces shell be provided inrgc ordance with the provisions contained inarticle V division 3 of this chapterOrd N819931

Sec 110278 Signs

Signs shall be permitted and maintained in accordance with the provisions contained insection 110880 of this chapterOrd No 19931 10568 1191993

Sec 110279 Landscaping

Landscape shall be provided in accordance with the provisions contained in section 110881of this chapterOrd No 19931 10569 1191993

CO110 53

ATTACHMENT 7

4

TOWN OF OCEAN CITYOFFICE OF

PLANNING AND ZONING COMMISSIONP O BOX 158

OCEAN CITY MARYLAND21842

ILRPRONE 269221 e t

May 2 1974

Mr Francis McKee

Supt of StationsDLIAM C HOOVER Delmarva Power Light Co of Md

Ad1nh1WUWPO Box 1739Salisbury Maryland 21801

WILLIAM

ahmm

RR

cnah9n RE Conditional Use Permit toconstruct an electric powersubstation to be located onLots 24 5 of Block 150

SHUA RICHARDSON described as being the northsidemow of 137th Street between Synepuxent

Ave and Derrickson Avenue

ALGER ABBOTTDear Mr McKee

LAICGOODMANPlease be advised that as a result of the Public Hearing

LEWISheld at your request on May 1 1974 by the Planning and ZoningCommission of Ocean City Maryland a motion was made and carriedto forward a favorable recommendation to the Mayor and City Council

By copy of this letter the Mayor and city Council will benotified of the Commissions favorable recommendation with regardto your application Also to inform the Mayor and City Council thatthere were no protesters present at your hearing

I have scheduled you to appear before an open session oftheMayor and City Council at 930 PM on May 6 1974 At that time

please have the materials necessary to present your conditionaluse application to that body

If I may be of further assistance please contact this officeSincerely

William C HooveAdministrator

WCSdb

cc Mayor and City CouncilPaul EwellWilliam Stegerfile

y

i

MAYORANDCITY

COUNCIL

Permit

2728

Na

1451

OFOCEANCITY

MARYLAND

CERTIFICATEOF

OCCUPANCY

Thiscertificateis

herebyissuedto

DelmarvaPower

LightCo

of

Md

Address

206137thStreetOceanCityMaryland

LotNumber

9q

t

5

BlockNumber

150

NatureofOccupancy

ElectricalSubStation

Numberof

personslimitedto

eachfloor

Allowableloadpersquare

footper

floor

Thiscertificateis

issuedwiththeprovisionsof

theSouthernStandardBuilding

CodeChapter1

Section108

Issuedthis

Sth

dayof

June

11975

ByorderMayorandCityCouncil

ul

rpOffici

THISCERTIFICATEIS

NOTTRA

FERABLE

425

REGULAR SESSION MAYOR AND CITY COUNCIL NUMBER 14 MAY 6 1974 PAGE TWENTYTHREE

President Powell 30 inches were all agred okav Miles thats what it isAttorney Cathell Fish I tM nk for the record on this a statement shouldbe made that you are acting on behalf of the Town of Ocean City and thatany problems they might have with some other agency they can work it outPresident Powell All right boys what are we going to do about the swimmingpoo17 Bond itMr Allgood Let me ask a question to start withPresident Powell You keep asking questions youre going to keep us hereall nightMr Allgood They dont have a permitPresident Powell First I want to know if they want to bond it or notDo you want to bond it

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

President Powell Now Dale if its not on there when the plats go onrecord should the pool be shown or should it notAttorney Cathell The swimming pool must be shown theyre going to haveto file when they put the condominium plat on record The architect isgoing to have to certify that itsllas built Hes going to have a hardtime certifying the swimming pool is as built and is not thereCouncilman Showell Why dont you just scratch the swimming pool offaltogether and than after you get ready to get it signed then came backand ask for a permit to build a swimming poolMr Bari Wed be in violation of our permitMayor Kelley Lets let them worry about how they are going to get it onrecord all kere saying is we are willing to bond it And that is 150of the cost Cash In the city escrow accountMr Barin Thank youPresident 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 ZcningCommission gave a favorable recommendation He also stated that thenext four items on the agenda were for two conditional use applicationsand two rezoning applications all of which were subject to a publichearing held by the planning commission President Powell designatedto Mr Hoover that they would be treated separately President Powellasked Mr Hoover if there were any protests regarding Mr Choycesmatter and Mr Hoover answered no President Powell asked if anyonepresent was opposed to it and there was no epposi ion CouncilmanRichardson mada the motion to approve the ky rentals and CouncilmanCamper seconded the motion The vote was unanimous by a zhow of hands

IZ Mr Francis McKee DPL regarding new substation at 137th Street

Mr Bill Hoover told the Council that this matter was not under anyprotest and was given a favorable recommendation by tare CommissionPresident Powell asked if anyone present was against this conditionaluse There were no objections C ilman Richardson mad themotion to approve and Councilman Trimper seconded the motion Thevote was unanimous by a show of hands Pi P1rKee expressed hisgratitude to the Mayor and City Council for their diplomacy andfine example of good government in respect to the application

13 Mr Herb OConnor rezoning Shoreline Associates

Mr Bill Hoover explained to the Council that this was brought beforethe Planning and Zoning Commission and regarded rezoning the northern500 feet of Tract 13 on west of Coastal Highway and was given afavorable recommendation by the Planning and Zoning Commission and there

t

TOWN OF

OCEAN CITYThe White Marlin Capital of the World

nning Community DevelopmentMAYOR CITY COUNCILPO BOX 158

P 0 Box 158 OCEAN CITY

Ocean City MD 21843 MARYLAND 218430158

410 2898855410 2898705 fax ww ocea citymdgov

MAYOR

RICHARD W MEEHAN

September 19 2011 CITY COUNCIL MEMBERS

JAMES S HALLPmeideer

Regan J R Smith Esquire LLOYD MARTIN

Williams Moore Shockley Harrison LLPSeemmry

P O Box 1530BRENTASHLEY

Berlin MD 21811 JOSEPH THALL II

1z FMARY P KNIGHT

MARGARET PHLASDear Mr

Re Delmarva Power Northern Substation located between 137 138 De

DARE

Streets on the east side of Derrickson Avenue KATHLEENAPMATHIASCity Clerk

This is to confirm that the above referenced premise is zoned R1 Single FamilyResidential District The current use of the premise as a public utility electricitysubstation is a legal nonconforming use within the R1 zoning district The use maycontinue andor be changed in accordance with Section 11073 and Section 11074 ofzoning regulations copy attached

The adjacent properties to the east of Delmarva Power are zoned R2A Low DensityMultiple Family Residential District Proposed Ordinance 2011 30 will allow DelmarvaPower to apply for a Conditional Use to expand the substation into the R2A zoningdistrict 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 1114100005

OceanrtyMD

MNft7lie

11073 OCEAN CITY CODEI

Sec 11073 Continuation of nonconforming use

a Any bona fide use of land or structure which lawfully exists at the effective date of thischapter may be continued although such use does not conform to the provisions here4 subjectto the regulations of this division The nonconforming use of land or a structure may behereafter extended throughout those parts of a building which were lawfully and manifestlyarranged or designed for use at the time of the enactment of this chapter or subsequentamendment

b The casual intermittent temporary or illegal use of land or structures shall not besufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming useon the entire lot or tract

c Dry nightclubs which lawfully existed on November 19 2001 that were located in zoningdistricts other than LC1 SC1 and BMUD or which did not meet the separation requirementsdescribed in section 110 51423 are nonconforming uses and subject to all other regulationsof this chapter Nonconforming dry nightclubs must obtain an annual business license and aresubject to all regulations and conditions of said licenseOrd No 19931 105263 1191993 Ord No 200123 1232001

Sec 11074 Change or discontinuance of nonconforming use or nonconformingstructure

a Whenever a nonconforming use of land or buildings has been changed to a morerestricted use or to a conforming use such use shall not thereafter be changed to a lessrestricted use

b No building or land or portion thereof used in whole or in part for a nonconforming usewhich remginw idle or unused for a continuous period oftwo years whether or not theequipment or fixtures are removed shall again be used except in conformity with theregulations of the district in which such building or land is located

c Nonconforming structures shall not be extended expanded enlarged or added to in anymanner except in compliance with minimum bulk regulations Existing encroachments withinrequired yards and open space shall not be expanded enlarged or added to in any mannerwithin required yards or open space

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

e Nonconforming structures may be altered renovated rebuilt or expanded provided thatsuch alteration renovation reconstruction or expansion does not in any manner increase thedegree of noncompliance in any respect

Supp No 5 CD11028

I zoNnvG lloso

f The permitted uses ofnonconforming structures may be changed to other permitted usesprovided the change ofuse does not in any manner increase the degree ofnoncompliance in anyrespect

g Outdoor display of merchandise which lawfully existed at the effective date of thisprovision may be continued for a period of two years Thereafter the outdoor display ofmerchandiseshall be regulated as set forth in section 110363Ord No 19931 1052641191993 Ord No 19971331997 Ord No 20001272000

Secs 1107511090 Reserved

Supp No 5 CD110281

ATTACHMENT 8

Blaine Smith

From Jesse HoustonSent Wednesday August 01 2012 1052 AMTo Blaine SmithCc Kay Stroud Terry McGeanSubject DPL 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 privateutility and services systems are adequate for the existing and projected Town population Adequate maintenance andexpansion of such facilities is therefore necessary to the physical economic and social well being of the TownTherefore the major goal of the Town is

To provide for the continued maintenance and expansion of community facilities and a complete and efficientsystem of public services necessary to ensure the health safety and welfare of residents and visitors and the economicprosperity of the community

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

Jesse C Houston

Director of Planning and DevelopmentTown of Ocean City Maryland

1

WHO What are electromagnetic fields Page 1 of 5

World HealthOrganization

Electromagnetic fields EMF

What are electromagnetic fieldsShare Print

Summary of health effectsTable of contents

What happens when you are exposed to electromagnetic fields

Exposure to electromagnetic fields is not a new phenomenon However1 Definitions and sources

during the 20th century environmental exposure to manmade 2 Summary of health effects

electromagnetic fields has been steadily increasing as growing electricity 3 Progress in research

demand ever advancing technologies and changes in social behaviour 4 Typical exposure levels at home

have created more and more artificial sources Everyone is exposed to aand in the environment

complex mix of weak electric and magnetic fields both at home and at5 Current standards

work from the generation and transmission of electricity domestic6 Precautionary approaches7

appliances and industrial equipment to telecommunications andWhat is EMF German ItalianSwedish

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 theabsence of external electric fields For example nerves relay signals bytransmitting electric impulses Most biochemical reactions from digestion to

brain activities go along with the rearrangement of charged particles Eventhe heart is electrically active an activity that your doctor can trace withthe help of an electrocardiogram

Lowfrequency electric fields

influence the human body just asthey influence any other material

made up of charged particles14

v When electric fields act on

conductive materials theyinfluence the distribution of electric

charges at their surface Theycause 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 theoutside magnetic field If sufficiently large these currents could causestimulation of nerves and muscles or affect other biological processes

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

httpwwwwhointpehemfabouVWhatisENEenindexlhtml 882012

WHO I What are electromagnetic fields Page 2 of 5

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

Heating is the main biologicaleffect of the electromagnetic fields

Fg of radiofrequency fields Inmicrowave ovens this fact is

employed to warm up food Thelevels of radiofrequency fields to

which people are normallyexposed are very much lower thanthose needed to produce

significant heating The heating effect of radiowaves forms the underlyingbasis for current guidelines Scientists are also investigating the possibilitythat effects below the threshold level for body heating occur as a result oflongterm exposure To date no adverse health effects from low level longterm exposure to radiofrequency or power frequency fields have beenconfirmed 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 inthe environment These changes are not necessarily harmful to yourhealth For example listening to music reading a book eating an apple orplaying tennis will produce a range of biological effects Nevertheless noneof these activities is expected to cause health effects The body hassophisticated mechanisms to adjust to the many and varied influences weencounter in our environment Ongoing change forms a normal part of ourlives But of course the body does not possess adequate compensationmechanisms for all biological effects Changes that are irreversible andstress 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 otherhand may or may not result in an adverse health effect

It is not disputed that electromagnetic fields above certain levels can triggerbiological effects Experiments with healthy volunteers indicate that shortterm exposure at the levels present in the environment or in the home donot cause any apparent detrimental effects Exposures to higher levels thatmight be harmful are restricted by national and international guidelines Thecurrent debate is centred on whether longterm low level exposure can

evoke biological responses and influence peopleswell being

Widespread concerns forhealth

gee A look at the news

ca p O headlines of recent years

royMoo

IYOUIr hx allows some insight into the

Jvarious areas of publicconcernSFCn ny bN1 yMW M1

qNrhlr wd n n sea concern Over the course Ofqb In 1 u

1110ehu

x the past decade numerous

http wwwwhointpehemfabouVWhatisENWenindexlhtml 882012


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 basestations

The International EMF Project

In response to growing public health concerns over possible health effects

from exposure to an ever increasing number and diversity ofelectromagnetic field sources in 1996 the World Health Organization9 9

WHO launched a large multidisciplinary research effort The InternationalEMF 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 25000 articles have been published over the past30 years Despite the feeling of some people that more research needs to

be done scientific knowledge in this area is now more extensive than formost chemicals Based on a recent indepth review of the scientificliterature 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 biologicaleffects exist and need further research

Effects on general health

Some members of the public have attributed a diffuse collection ofsymptoms to low levels of exposure to electromagnetic fields at home

Reported symptoms include headaches anxiety suicide and depressionnausea fatigue and loss of libido To date scientific evidence does not

support a link between these symptoms and exposure to electromagneticfields At least some of these health problems may be caused by noise orother factors in the environment or by anxiety related to the presence ofnew 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 equipmentand radar have been evaluated by the WHO and other organizations Theoverall 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 andcongenital diseases There have been occasional reports of associations

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

workers in the electronics industry but these have not been regarded bythe 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

httpwwwwhointpehemfaboutWhatisENffenindexlhtml 882012


workers exposed to high levels of radiofrequency and microwave radiationbut animal studies do not support the idea that such forms of eye damagecan be produced at levels that are not thermally hazardous There is noevidence that these effects occur at levels experienced by the generalpublic

Electromagnetic fields and cancer

Despite many studies the evidence for any effect remains highlycontroversial However it is clear that if electromagnetic fields do have aneffect on cancer then any increase in risk will be extremely small Theresults to date contain many inconsistencies but no large increases in riskhave been found for any cancer in children or adults

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

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

the hypothesis that fields cause or promote cancer Largescale studies arecurrently underway in several countries and may help resolve these issues

Electromagnetic hypersensitivity and depressionSome individuals report hypersensitivity to electric or magnetic fieldsThey ask whether aches and pains headaches depression lethargysleeping disorders and even convulsions and epileptic seizures could beassociated with electromagnetic field exposure

There is little scientific evidence to support the idea of electromagnetichypersensitivity Recent Scandinavian studies found that individuals do not

show consistent reactions under properly controlled conditions ofelectromagnetic field exposure Nor is there any accepted biologicalmechanism to explain hypersensitivity Research on this subject is difficultbecause many other subjective responses may be involved apart fromdirect effects of fields themselves More studies are continuing on thesubject

The focus of current and future research

Much effort is currently being directed towards the study of electromagneticfields in relation to cancer Studies in search for possible carcinogeniccancerproducing effects of power frequency fields is continuing althoughat a reduced level compared to that of the late 1990s

The longterm health effects of mobile telephone use is another topic ofmuch current research No obvious adverse effect of exposure to low levelradiofrequency fields has been discovered However given public concernsregarding the safety of cellular telephones further research aims todetermine whether any less obvious effects might occur at very lowexposure levels

httpwwwwhointpehemfabouvWhatisENEenindexlhttnl 882012


Key points

1 A wide range of environmental influences causes biological effectsBiological effect does not equal health hazard Special research isneeded to identify and measure health hazards

2 At low frequencies external electric and magnetic fields induce smallcirculating currents within the body In virtually all ordinaryenvironments the levels of induced currents inside the body are toosmall to produce obvious effects

3 The main effect of radiofrequency electromagnetic fields is heating ofbody tissues

4 There is no doubt that shortterm exposure to very high levels ofelectromagnetic fields can be harmful to health Current public concernfocuses on possible longterm health effects caused by exposure toelectromagnetic fields at levels below those required to trigger acutebiological responses

5 WHOs International EMF Project was launched to provide scientificallysound and objective answers to public concerns about possiblehazards of low level electromagnetic fields

6 Despite extensive research to date there is no evidence to concludethat exposure to low level electromagnetic fields is harmful to humanhealth

7 The focus of international research is the investigation of possible linksbetween cancer and electromagnetic fields at power line andradiofrequencies

httpwwwwhointpehemVabouVWhatisEMFenindexlhtml 882012

WHO l Electromagnetic fields and public health htipwwwwhoimrmdiacenoWfacbheetsfs322eWindexhtml

World HealthOrganization

Media centre

Electromagnetic fields and public health Share Print

Exposure to extremely low frequency fields

Fact sheet N322

June 2007

The use of electricity has become an integral part of everyday lifeWhenever electricity flows both electric and magnetic fields exist close tothe lines that carry electricity and close to appliances Since the late1970s questions have been raised whether exposure to these extremelylow frequency ELF electric and magnetic fields EMF produces adversehealth consequences Since then much research has been donesuccessfully resolving important Issues and narrowing the focus of futureresearch

In 1996 the World Health Organization WHO established theInternational Electromagnetic Fields Project to investigate potential healthrisks associated with technologies emitting EMF A WHO Task Grouprecently concluded a review of the health Implications of ELF fields WHO2007

This Fact Sheet Is based on the findings of that Task Group and updatesrecent reviews on the health effects of ELF EMF published in 2002 by theInternational Agency for Research on Cancer IARC established underthe auspices of WHO and by the International Commission onNon 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 appliancesElectric fields arise from electric charges are measured In volts permetre Vm and are shielded by common materials such as wood andmetal Magnetic fields arise from the motion of electric charges Le acurrent are expressed in tesla T or more company in miltltesla mTor microtesla p n In some countries another unit called the gauss G iscommonly used 10000 G 1 T These fields are not shielded by mostcommon materials and pass easily through them Both types of fields arestrongest dose to the source and diminish with distance

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

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WHO Electromagnetic fields and public health http wwwwhointmediacentrefactsheetsfs322entindexhimi

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

power lines magnetic fields can be about 20 pT and electric fields can beseveral thousand volts per metre However average residential powerfrequency magnetic fields In tames are much lower about 007 pT inEurope and 011 pT in North America Mean values of the electric field inthe home are up to several tens of volts per metre

Task group evaluation

In October 2005 WHO convened a Task Group of scientific experts toassess any risks to health that might exist from exposure to ELF electricand magnetic fields in the frequency range 0 to 100000 Hz 100 kHzWhile IARC examined the evidence regarding cancer in 2002 this TaskGroup reviewed evidence for a number of health effects and updated theevidence regarding cancer The conclusions and recommendations of theTask Group are presented in a WHO Environmental Health Criteria EHCmonograph WHO 2007

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

electric fields at levels generally encountered by members of the publicThus the remainder of this fact sheet addresses predominantly the effectsof exposure to ELF magnetic fields

Shortterm effects

There are established biological effects from acute exposure at high levelswell above 100 NT that are explained by recognized biophysicalmechanisms External ELF magnetic fields induce electric fields andcurrents In the body which at very high field strengths cause nerve andmuscle stimulation and changes in nerve cell excitability in the centralnervous system

Potential longterm effects

Mitch of the scientific research examining longterm risks from ELFmagnetic field exposure has focused on childhood leukaemlo In 2002IARC published a monograph classifying ELF magnetic fields as possiblycarcinogenic to humans This classification Is used to denote an agent forwhich there is limited evidence of carcinogenicity in humans and less thansufficient evidence for carcinogenicity in experimental animals otherexamples include coffee and welding fumes This classification wasbased on pooled analyses of epidemiological studies demonstrating aconsistent pattern of a twofold increase in childhood leukaemia

associated with average exposure to residential powerfrequencymagnetic field above 03 to 04 NT The Task Group concluded thatadditional studies since then do not alter the status of this classification

However the epidemiological evidence is weakened by methodologicalproblems such as potential selection bias In addition there are noaccepted biophysical mechanism that would suggest that lowlevelexposures are involved In cancer development Thus if there were anyeffects from exposures to these lowlevel fields it would have to be

i

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I

WHO Electromagnetic fields and public health httpNvwwwhoiMmcdiacejefacbheetsfs322tenindexhtnd

through a biological mechanism that Is as yet unknown Additionally animalstudies have been largely negative Thus on balance the evidence relatedto 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 49000 worldwide in 2000 Averagemagnetic field exposures above 03 pT in homes are rare it is estimatedthat only between 1 and 4 of children live in such conditions If the

association between magnetic fields and childhood leukaemia Is causalthe number of cases worldwide that might be attributable to magnetic fieldexposure is estimated to range from 100 to 2400 cases per year basedon values for the year 2000 representing 02 to495 of the totalincidence for that year Thus ff ELF magnetic fields actually do increasethe risk of the disease when considered In a global context the impact onpublic health of ELF EMF exposure would be limited

A number of other adverse health effects have been studied for possibleassociation with ELF magnetic field exposure These Include otherchildhood cancers cancers in adults depression suicide cardiovasculardisorders reproductive dysfunction developmental disordersimmunological modifications neurobehavioural effects andneurodegenerative disease The WHO Task Group concluded thatscientific evidence supporting an association between ELF magnetic fieldexposure and all of these health effects is much weaker than for childhood

leukaemia In some instances ie for cardiovascular disease or breastcancer the evidence suggests that these fields do not cause them

International exposure guidelines

Health effects related to shortterm highlevel exposure have beenestablished and form the basis of two international exposure limitguidelines ICNIRP 1998 IEEE 2002 At present these bodies considerthe scientific evidence related to possible health effects from longtermlowlevel exposure to ELF fields insufficient to justify lowering thesequantitative exposure limits

WHOsguidance

For highlevel shortterm exposures to EMF adverse health effects havebeen scientifically established ICNIRP 2003 International exposureguidelines designed to protect workers and the public from these effectsshould be adopted by policy makers EMF protection programs shouldinclude exposure measurements from sources where exposures might beexpected to exceed limit values

Regarding longterm effects given the weakness of the evidence for a linkbetween exposure to ELF magnetic fields and childhood leukaemia thebenefits 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 researchprogrammes to further reduce the uncertainty of the scientific evidenceon the health effects of ELF field exposure Through the ELF risk

i

3 of4 882012 1002 AM

WHO Electromagnetic fields and public health htip wwwwhointlmediacentrefactsheetsfs322eWindexhtmi

assessment process gaps In knowledge have been Identified andthese form the basis of a new research agendaMember States are encouraged to establish effective and opencommunication programmes with all stakeholders to enable informeddecision making These may include improving coordination andconsultation among Industry local government and citizens in theplanning process for ELF EMFemitting facilitiesWhen constructing new facilities and designing new equipmentIncluding appliances lowcost ways of reducing exposures may beexplored Appropriate exposure reduction measures will vary from onecountry to another However policies based on the adoption ofarbitrary low exposure limits are rat warranted

Further reading

WHO World Health Organization Extremely low frequency fieldsEnvironmental Health Criteria Vol 238 Geneva World HealthOrganization 2007

IARC Working Group on the Evaluation of Carcinogenic Risks to HumansNon ionizing radiation Part 1 Static and extremely lowfrequency ELFelectric and magnetic fields Lyon IARC 2002 Monographs on theEvaluation of Carcinogenic Risks to Humans 80

ICNIRP International Commission on Non ionizing Radiation ProtectionExposure to static and low frequency electromagnetic fields biologicaleffects and health consequences0100 kHz Bernhardt JH et al edsOberschleissheim International Commission on Nonlonizirg RadiationProtection 2003 ICNIRP 132003

ICNIRP Intemational Commission on Non Ionizing Radiation Protection1998 Guidelines for limiting exposure to time varying electric magneticand electromagnetic fields up to 300 GHz Health Physics 744494522

IEEE Standards Coordinating Committee 28 IEEE standard for safetyLevels with respect to human exposure to electromagnetic fields 03 kHzNew York NY IEEE The Institute of Electrical and Electronics

Engineers 2002 IEEE Std C9562002

For more Information contact

WHO Media centre

Telephone 4122 7912222

Email mediainquirieswhoint

4 of4 882012 1002 AM

ATTACHMENT 9

I

INTEROFFICE MEMORANDUM

TO BLAINE SMITH

FROM TERENCE MCGEAN

SUBJECT DPL CONDITIONAL USE REQUEST

DATE 812012

CC JESSE HOUSTON

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

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

Since 1999 DPL has made and continues to make improvements to the transmission system toincrease electric reliability Ocean City has seen much fewer blackouts but we do continue toexperience voltage fluctuations and phase drops on a fairly regular basis These often cause damageto electronic equipment

The proposed addition to the 138th Street substation includes installation of a Static VatCompensator DPL has stated that the primary function of this device is to maintain acceptablestable voltage levels As previously discussed voltage swings have been an issue in Ocean City andhave affected equipment in the Convention Center and Wastewater Plant

I was involved in a number of preliminary meetings with DPL during which they evaluatedvarious sites in Ocean City for this new equipment The need for the equipment is at the north endof Town and therefore sites at 100th Street and 138th street were both discussed Although DPLalready owned property at 100th street there is no existing infrastructure or primary power feed atthat location Therefore substantial new power lines would have been required both above andunderground to serve the SVC This would have caused considerable disruption along CoastalHighway Because the 138th Street site already had a substation and therefore much of the necessaryinfrastructure in place the overall impact of the project both on and off the site was much less thanthe 100 street location

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

2

ATTACHMENT 10

I

delmairvapowerA PHI Company

Ocean City Static Var CompensatorTransmission Reliability Improvement Project

August 7 2012

PHo

TonightsPresentation curvedower

Delmarva Power committed to providing safe and reliable servicea 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

deknarvaDelmarva Power power

A PHI Company

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Maryland Delmarva Power

Customers 500000 Electric 130000Natural Gas

Dela

delnwr isl HeadquartersNew Castle Region Newark DE

Bay Region Salisbury MDnt tYpW11Y

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Delmarva Power reliability investments cwmarvaaimed at serving your energy needs power

A PHI Company

Annually Delmarva Power invests millions ofdollars to repair replace and add new equipmentto improve reliability

In 2012 Delmarva Power will invest 142 millionto improve reliability throughout its serviceterritory

New transmission and distribution lines substationequipment circuit equipment and other electricalinfrastructure

Coordinates with regional power grid operatorPJM to plan a transmission system that meetsreliability criteria

Develops annual 10year load forecasts fordistribution feeders and substations

iei i Holding

Delmarva Power reliability improvement Mdelmatvainvestments in Ocean City powerA PHI Company

Ocean City SVC project

Rebuild transmission line between

Maridel and Ocean Bay substations

Distribution upgrades including

underground cable replacement and

circuit upgrades

Pepco Ho

Delmarva Powers delmerva

transmission system upgrades powofA PHI Company

The electric transmission system is theinterconnection of high voltage power linesthat carry electricity from power plants to

0 substations that eventually serve customersthrough a local distribution system

Across the Delmarva Peninsula DelmarvaPower owns and operates most of thetransmission system that not only serves itsown customers but also provideswholesale electric service to electric coopsand municipallyowned electric utilities

w

On the Peninsula Delmarva Power ownsoperates and maintains more than 1500miles of electric transmission lines

12 Pepco Holdings Inc 6

Ocean City Static Var Compensator SVCdeltrit tva

necessary to strengthen reliabilitygpoww

A PHI Compan

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

The SVC is similar to a booster pump that helps keep the electrical pressurevoltage constant across the Delmarva Power system The SVC will allowDelmarva Power to distribute electricity where and when it is needed

The SVC is necessary to

maintain electric stability by eliminating voltage fluctuations during times ofhigh demand or system disturbances

maintain a stronger sustainable and more consistent flow of energy to thearea

While the result will be increased electric service reliability for customers ineastern Worcester and Sussex counties this 26 million project will mainlybenefit customers in Ocean City

s Holding

Transmission reliability eknamaY power

planning process A PHI Company

As a transmission owner Delmarva Power is responsible toplan and operate its transmission system in accordance withstandards set forth by

FERC Federal Energy Regulatory Commission

ER ReliabilityN C North American Electric Reliability CorporationPJM Interconnection

Ho

Planning is a necessity cJelrvato improve transmission reliability paws

A PHI Company

Delmarva Power and other

transmission owners work with PJM

Interconnection to identify necessaryJ

upgrades to the electric transmissionsystem

PJM outlines specific criteria thatutilities need to follow to ensure

reliability in the event of transmissionandor generation issues

ZONEZONE Thorough analysis is done to be ableYglsyPwina bxrarYMawsLMCCOYg

to serve customers under normalittwrriawesc nxoene uNNaeeare cvow ncarer

circumstances but also to serve themshould something go wrong on thesystem

The OC SVC is one of those projects

Need for the Ocean City SVC delmarva

Reliable and Sustainable VoltagepaverAPHICompany

This system upgrade is necessary to help Delmarva Power maintain a stronger and moreconsistent flow of energy to this area The 138th Street Substation went into service in the

mid1970sbut an expansion is necessary because this part of our system is vulnerable tolow voltage conditions and this is where we need to reinforce our transmission systemThe primary functions of the SVC

Maintain acceptable stable voltage levels

Control voltage swings during times of peak demand especially in the summerTo control high voltages during times of light loadPrevent voltage dips

Prevent voltage collapse

Based on the current configuration of our transmission system this project was targeted toprevent blackouts which are outages or brownouts which are unacceptable drops involtage particularly during the summer when usage in Ocean City reaches very high levelsStable voltage is an important aspect of providing reliable service Without it customersboth commercial and residential could experience equipment damage That could haveboth reliability and safety implications not to mention the impact to our tourism economy

Pepco Hold

deknafvaPowerA PHI Company

Aerial

view of the

138th St

site

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Pepco Holdinos

delr afvaOcean C designSVC oof

A PHI Company

Total perimeter footage 820 feet

New 15foot wall around the existing substation68 inches thick

Reinforced precast concrete with textured face to resemble stoneColor sandstone

Gates

4 gates 15 feet tall 20 feet wide

Vegetation A mixture of maple birch red cedar loblolly pinewinterberry bayberry arrowood big bluestem switch grassSetbacks 10 feet from property line

Lighting Directional floodspot lights when personnel are on siteSVC control room 13 feet tall

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Proposed barrier wall deknatvayou ofA PHI Company

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EXISTING CONDITIONS k

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PROPOSLd CONDITIONS I Li

Sound EMF studies conducted delmavopower

Sound Study A PHI Company

Sound level from expanded substation is expected to be comparable to existingsound 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 speciallow sound design

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

The equipment is being installed as close to the ground as possible rather thanon elevated structures This helps not only the appearance of the station butalso reduces the sound leaving the site compared to equipment mounted ontaller structures

Although primarily focused on aesthetics the proposed decorative wall will providemore sound absorption than existing chain link fence and vegetation that currentlyexists

PepcoHoldings 0

Sound EMF studies conducted delmavagrower

Sound studvA PHI Company

Acoustics consultant performed sound level survey of the areas around theexisting 138th Street Substation

Nighttime measurements were taken between midnight and 1 am whiledaytime measurements were taken between 8 am and 9 am

At perimeter of existing substation on the sidewalk levels of total sound werefound to be an average of 51 dBA at night and 54 dBA during the day Thisincludes 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 theexpanded substation to show the sound levels that can be expected in thesurrounding areas

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

Pepco Holdings Inc 21

delmnrvaSound EMF studies conducted grower

A PHI Company

Comparative examples of sound levelsSound level Sound source

40 dba library lowest limit of urban ambient sound

50 dba quiet suburb conver at home

conversation in restaurant office background music air6 dba conditioning unit at 100 ft

70 dba radio or TVaudio vacuum cleaner

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

Source httpwwwindustrialnoisecontrolcomcomparativenoise exampleshtm

P Holdings

Sound EMF studies conducted delmamapowerA 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 substationssound level is

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

delmamaEMF studies conductedSound power

A PHI Company

Magnetic Fields study

Magnetic fields are related to the flow of electric current and surroundthings that generate transmit or use electricity when they areoperating including substations transmission lines and householdappliances The strength of a magnetic field decreases rapidly withdistance from its source

The SVC will have only a small effect on the existing magnetic fieldlevels This happens because we have designed the substation sothat the sources within that create the highest fields are closest tolocations where there are no residences

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

PepcoHoldings

EMF measurements projections delrnavepower

Existing Future Magnetic Existing Future Magnetic

Magnetic Field Field Levels Magnetic Field Field Levels

Levels with SVC 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 eg servicedrops to residences but these have not been modeledMilligauss is the unit used to express measurements of the intensity of a magnetic field

Pepc Holdinos

cWmatvaMagnetic Fields Measured from Appliances power

A PHI Company

Distance from source

Source 6 inches mG 1 foot mG 2 feet mGHair dryer 300 1

Blender 70 10 2

Can opener 600 150 20

Toaster 10 3

Iron 8 1

Vacuum cleaner 300 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 delmorvapowerA PHI Company

The magnetic field exposure limit for the general population that is

recommended by the International Commission on Non Ionizing

Radiation Protection ICNIRP is 2000 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 9040 mG

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

WPepcoHoIdinosInc

i

EMF S demarvaower

A PHI Company

The areas where the increase in the magnetic field level isgreatest 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 magneticfield levels are not expected to change significantly if at allwith the addition of the SVC

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

Commission on Non Ionizing Radiation Protection ICNIRPstandard at all locations around the substation

Pepco

i

Enhancements to SVC project designed for delmarvaneighborhood compatibility 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

PeHol Inc

delmaevaTimeline Construction drawer

A PHI Company

2010 and I I Delmarva Power began the process of finding suitablelocation provided an overview to the town and eventually purchasedproperties adjacent to the substationOctober 2011 Met with Caine Woods Community Association board ofdirectors and provided information for newsletter

November 2011 Sent letters to customers living across the street from thesubstation

February 2012 Hosted informational meeting at Elks LodgeFebruary 2012 Removal of homes on property adjacent to substationProject construction expected to begin in fall 2012 with targetedcompletion of June 2013

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

i Hold Inc 30

Ocean City VC is necessary delmatvaYto improve reliability

growerA PHI Company

Delmarva Power is committed to

providing safe and reliable service

Weve been dedicated to the energyneeds for our customers in Ocean City 4

and across the Peninsula for many yearsAa rtn

This project is necessary to ensuresustainable electric reliability andensuring that we can meet your futureenergy needs

We have a long tradition of communityservice and look forward to continuingto be a good neighbor and a reliablesource of energy for our customers

ELI o

delmarvopoworA PHI Company

Thank

Questionsi

ATTACHMENT 11

i

sill

o Exponent

V onent t70oo Science DriveSuite zoo

Bowie Maryland 2o715

telephone 301 201 2500facsimile l012412509wwwexponentcom

William H Bailey PhDPrincipal Scientist

Professional Profile

Dr William H Bailey is a Principal Scientist in ExponentsHealth Sciences practiceDr Bailey specializes in applying stateoftheart assessment methods to environmental andoccupational health issues His 30 years of training and experience include laboratory andepidemiologic research health risk assessment and comprehensive exposure analysisDr Bailey has investigated exposures to alternating current direct current and radiofrequencyelectromagnetic fields stray voltage and electrical shock as well as to a variety of chemicalagents and air pollutants He is particularly well known for his research on potential healtheffects of electromagnetic fields and has served as an advisor to numerous state federal andinternational agencies Currently he is involved in research on exposures to marine life fromsubmarine cables and respiratory exposures to ultrafine and nanoparticles Dr Bailey is avisiting scientist at the Cornell University Medical College and has lectured at RutgersUniversity the University of Texas San Antonio and the Harvard School of Public HealthHe was formerly Head of the Laboratory ofNeuropharmacology and Environmental Toxicologyat the New York State Institute for Basic Research Staten Island New York and an AssistantProfessor and NIH postdoctoral fellow in Neurochemistry at The Rockefeller University in NewYork

Academic Credentials and Professional Honors

PhD Neuropsychology City University of New York 1975MBAUniversity of Chicago 1969BA Dartmouth College 1966

Sigma Xi The Institute ofElectrical and Electronics EngineersInternational Committee onElectromagnetic Safety Subcommiee 3 Safety Levels with Respect to Human Exposure toFields 0 to 3 kHz and Subcommittee 4 Safety Levels with Respect to Human Exposure toRadiofrequency Fields 3 kHz to 3 GHz Elected member of the Committee on Man andRadiation COMAR of the IEEE Engineering in Medicine and Biology Society 19982001

0112

Publications

Bailey WH Johnson GB Bishop J Hetrick T Su S Measurements of charged aerosols near500 kV DC transmission lines and in other environments IEEE Transactions on PowerDelivery 201227371379

Kavet R Bailey WH Bracken TD Patterson RM Recent advances in research relevant toelectric and magnetic field exposure guidelines Bioelectromagnetics 2008 29499526

Bailey WH Wagner M IARC evaluation ofELF magnetic fields Public understanding of the04Texposure metric Journal of Exposure Science and Environmental Epidemiology 200818233235

Bailey WH Erdreich L Accounting for human variability and sensitivity in setting standardsfor electromagnetic fields Health Physics 2007 92649657

Bailey WH Nyenhuis JA Thresholds for 60Hz magnetic field stimulation of peripheral nervesin human subjects Bioelectromagnetics 2005 26462468

Bracken TD Senior RS Bailey WH DC electric fields from corona generated space chargenear AC transmission lines IEEE Transactions on Power Delivery 2005 2016921702

Bailey WH Dealing with uncertainty in formulating occupational and public exposure limitsHealth Physics 2002 83402408

Bailey WH Health effects relevant to the setting of EMF exposure limits Health Physics2002 83376386

Kavet R Stuchly MA Bailey WH Bracken TD Evaluation of biological effects dosimetricmodels and exposure assessment related to ELF electric and magneticfield guidelinesApplied Occupational and Environmental Hygiene 2001 1611181138

Bailey WH ICNIRP recommendation for limiting public exposure to 4 Hz1 kHz electric andmagnetic fields Health Physics1999 779798

Bailey WH Principles of risk assessment with application to current EMF risk communicationissues In EMF Risk Perception and Communication Repacholi MH Muc AM eds WorldHealth Organization Geneva 1999

De Santo RS Bailey WH Environmental justice tools and assessment practices ProceedingsAmerican Public Transit Association 1999

Bailey WH Su SH Bracken TD Probabilistic approach to ranking sources of uncertainty inELF magnetic field exposure limits Health Physics 1999 77282290

William H Bailey PhDPage 20112

ExT

Bailey WH Field parameters Proceedings EMF Engineering Review Symposium Status andSummary of EMF Engineering Research Bracken TD and Montgomery JH eds Oak RidgeNational Laboratory Oak Ridge TN April28291998

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

Bailey WH Probabilistic approaches to deriving riskbased exposure guidelines Applicationto extremely low frequency magnetic fields In Non Ionising Radiation Dennis JA andStather JW eds Special Issue of Radiation Protection Dosimetry 1997 72327336

Bailey WH Su SH Bracken TD Kavet R Summary and evaluation of guidelines foroccupational exposure to power frequency electric and magnetic fields Health Physics 199773433453

Bracken TD Senior RS Rankin RF Bailey WH Kavet R Magnetic field exposures in theelectric utility industry relevant to occupational guideline levels Applied Occupational andEnvironmental Hygiene 1997 12756768

Blondin JP Nguyen DH Sbeghen J Goulet D Cardinal C Maruvada PS Plante M andBailey WH Human perception of electric fields and ion currents associated with high voltageDC transmission lines Bioelectromagnetics 1996 17230241

Bailey WH Charry JM Acute exposure of rats to air ions Effects on the regionalconcentration and utilization of serotonin in brain Bioelectromagnetics 1987 8173181

Bailey WH Charry JM Measurement of neurotransmitter release and utilization in selectedbrain regions of rats exposed to do electric fields and atmospheric space charge Proceedings23 Hanford Life Sciences Symposium Interaction of Biological Systems with Static and ELFElectric and Magnetic Fields 1987

Pavildes C Aoki C Chen JS Bailey WH Winson J Differential glucose utilization in theparafascicular region during slowwave sleep the stillalert state and locomotion BrainResearch 1987 423399402

Bailey WH Charry JM Behavioral monitoring of rats during exposure to air ions and DCelectric fields Bioelectromagnetics 1986 7329339

Chang JM Shapiro MH Bailey WH Weiss JM Ion exposure chambers for small animalsBioelectromagnetics 1986 7111

Charry JM Bailey WH Regional turnover of norepinephrine and dopamine in rat brainfollowing acute exposure to air ions Bioelectromagnetics 19856415425

William H Bailey PhDPagePage

Bracken TD Bailey WH Charry JM Evaluation of the DC electrical environment in proximityto VDTs Journal of Environmental Science and Health Part A 1985 20745780

Gross SS Levi R Bailey WH Chenouda AA Histamine modulation of cardiac sympatheticresponses A physiological role Federation Proceedings 1984 43458

Gross SS Guo ZG Levi R Bailey WH Chenouda AA 1984 Release of histamine bysympathetic nerve stimulation in the guinea pig heart and modulation of adrenergic responsesCirculation Research 1984 54516526

Dahl D Bailey WH Winson J Effect of norepinephrine depletion of hippocampus on neuronaltransmission from perforant pathway through dentate gyrus Journal ofNeurophysiology 198349123135

Guo ZG Gross SS Levi R Bailey WH Histamine Modulation of norepinephrine release fromsympathetic nerves in guinea pig heart Federation Proceedings 1983 42907

Bailey WH Biological effects of air ions on serotonin metabolism Fact and fancy pp 90120 In Conference on Environmental Ions and Related Biological Effects Charry JM edAmerican Institute of Medical Climatology Philadelphia PA 1982

Weiss JM Goodman PA Losito BG Corrigan S Charry JM Bailey WH Behavioraldepression produced by an uncontrollable stressor Relationship to norepinephrine dopamineand serotonin levels in various regions of rat brain Brain Research Reviews 19813167205

Bailey WH Ion exchange chromatography of creatine kinase isoenzymes A method withimproved specificity and sensitivity Biochemical Medicine 1980 24300313

Bailey WH Weiss JM Evaluation of a memory deficit in vasopressindeficient rats BrainResearch 1979 162174178

Bailey WH Weiss JM Effect of ACTH 410 on passive avoidance of rats lacking vasopressinBrattleboro strain Hormones and Behavior 1978 102229

Pohorecky LA Newman B Sun J Bailey WH Acute and chronic ethanol injection andserotonin metabolism in rat brain Journal of Pharmacology and Experimental Therapeutics1978 204424432

Koh SD Vernon M Bailey WH Free recall learning of word lists by prelingual deaf subjectsJournal of Verbal Learning and Verbal Behavior 1971 10542574


Ex

Book Chapters

Bailey WH Principles of risk assessment and their limitations In Risk Perception RiskCommunication and its Application to EMF Exposure Matthes R Bernhardt JHRepacholi MH eds International Commission on Non Ionizing Radiation ProtectionOberschleil3heim Germany 1998

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

Weiss JM Bailey WH Goodman PA Hoffman LJ Ambrose MJ Salman S Charry JM Amodel for neurochemical study of depression pp 195223 In Behavioral Models and theAnalysis of Drug Action Spiegelstein MY Levy A eds Elsevier Scientific Amsterdam1982

Bailey WH Mnemonic significance of neurohypophyseal peptides pp 787804 InChanging Concepts of the Nervous System Morrison AR Strick PL eds Academic PressNew York NY 1981

Bailey WH Weiss JM Avoidance conditioning and endocrine function in Brattleboro ratsPp 371395 In Endogenous Peptides and Learning and Memory Process Martinez JLJensen 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 stressinduced behavioral depression Studies of the role of brain catecholamines pp 125160 InThe Psychobiology of the Depressive Disorders Implications for the Effects of StressDepue R ed Academic Press New York NY 1979

Technical Reports

Jardini JA et al Electric field and ion current environment of HVDC overhead transmissionlines Report of Joint Working GroupB4C3B250CIGRE August 2011

Johnson GB Bracken TD Bailey WH Charging and transport of aerosols near ACtransmission lines A literature review EPRI Palo Alto CA 2003

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

Bracken TD Bailey WH Su SH Senior RS Rankin RF Evaluation of occupational magneticfield exposure guidelines Interim Report EPRI Report TR 108113 1997

Bailey WH Weil DE Stewart JR HVDC Power Transmission Environmental Issues ReviewOak Ridge National Laboratory Oak Ridge TN 1996


Ex

Bailey WH Melatonin responses to EMF Proceedings Health Implications ofEMF NeuralEffects Workshop Report TR 104327s EPRI 1994

Bailey WH Recent neurobiological and behavioral research Overview of the New York Statepowerlines 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 theMEQB Science Advisors on Electrical Environment Outside the Right of Way of CUTR1Report 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 Ahealth and safety evaluation of the 400 KV powerline Science AdvisorsReport to theMinnesota Environmental Quality Board 1982

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

Bailey WH Avoidance behavior in rats with hereditary hypothalamic diabetes insipidusDissertation City University ofNew York 1975

Selected Invited Presentations

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

Bailey WH Researchbased approach to setting electric and magnetic field exposure guidelines03000 Hz IEEE Committee on Electromagnetic Safety December 2005

Bailey WH Conference Keynote Presentation Research supporting 5060 Hz electric andmagnetic field exposure guidelines Canadian Radiation Protection Association AnnualConference Winnipeg June 2005

Bailey WH Scientific methodology for assessing public health issues A case study of EMFCanadian Radiation Protection Association Annual Conference Public Information forTeachers Winnipeg June 2005

Bailey WH Assessment of potential environmental effects of electromagnetic fields fromsubmarine cables Connecticut Academy of Science and Engineering Long Island SoundBottomlands Symposium Study of Benthic Habitats July 2004

De Santo RS Coe M Bailey WH Environmental justice assessment and the use of GIS toolsand methods National Association of Environmental Professionals 27 Annual ConferenceDearborn MI June 2002


Ex

Bailey WH Applications to enhance safety Research to understand and control potential risksHuman Factors and Safety Research Volpe National Transportation Systems CenterDutchMinistry of Transport Cambridge MA November 2000

Bailey WH EMF health effects review EMF Exposure Guideline Workshop BrusselsBelgium June 2000

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

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

Bailey WH Principles of risk assessment Application to current issues Symposium on EMFRisk Perception and Communication World Health Organization Ottawa Canada August1998

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

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

Bailey WH Principles of risk assessment and their limitations Symposium on RiskPerception Risk Communication and its Application to EMF Exposure InternationalCommission on NonIonizing Radiation Protection Vienna Austria October 1997

Bailey WH Probabilistic approach for setting guidelines to limit induction effects IEEEStandards Coordinating Committee 28 Non Ionizing Radiation Subcommittee 303 kHz June 1997

Bailey WH Power frequency field exposure guidelines IEEE Standards CoordinatingCommittee 28 Non Ionizing Radiation Subcommittee 3 03 kHz June 1996

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

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

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

Bailey WH Electromagnetic fields and health Institute of Electrical and ElectronicsEngineers Bethlehem PA January 1992William H Bailey PhDPage70112

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

Presentations

Shkolnikov Y Bailey WH Electromagnetic interference and exposure from household wirelessnetworks Product Safety Engineering Society Meeting San Diego CA October 2011

Nestler E Trichas T Pembroke A Bailey W Will undersea power cables from offshore windprojects affect sharks North American Offshore Wind Conference Exhibition Atlantic CityNJ October 2010

Nestler E Pembroke A Bailey W Effects of EMIs from undersea power lines on marinespecies Energy Ocean International Ft Lauderdale FL June 2010

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

Bailey WH Clarifying the neurological basis for ELF guidelines Workshop on PracticalImplementation ofELF and RF Guidelines The Bioelectromagnetics Society 29 AnnualMeeting Kanazawa Japan June 2007

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

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

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

Bailey WH Erdreich L Waller L Mariano K Childhood leukemia in relation to 25Hz and 60Hz magnetic fields along the Washington DCBoston rail line Society for EpidemiologicResearch 35 Annual Meeting Palm Desert CA June 2002 American Journal ofEpidemiology 2002 155538

Erdreich L Klauenberg BJ Bailey WH Murphy MR Comparing radiofrequency standardsaround the world Health Physics Society 43rd Annual Meeting Minneapolis MN July 1998

Bracken TD Senior RS Rankin RF Bailey WH Kavet R Relevance of occupationalguidelines to utility worker magneticfield exposures Second World Congress for Electricityand Magnetism in Biology and Medicine Bologna Italy June 1997William H Bailey PhDPage 8

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

Bailey WH Neurobiological research on extremely low frequency electric and magnetic fieldsA review to guide future research Sixteenth Annual Meeting of the BioelectromagneticsSociety Copenhagen Denmark June 1994

Blondin JP Nguyen DH Sbeghen J Maruvada PS Plante M Bailey WH Goulet D Theperception ofDC electric fields and ion currents in human observers Annual Meeting of theCanadian Psychological Association Penticton British Columbia Canada June 1994

Erdreich LS Bailey WH Weil DE Science standards and public policy challenges for ELFfields American Public Health Association 122nd Annual Meeting Washington DC October1994

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

Charry JM Bailey WH Contribution of charge on VDTs and simulated VDT operators to DCelectric fields at facial surfaces le Annual Meeting of the Bioelectromagnetics Society June1988

Bailey WH Chary JM Dosimetric response of rats to small air ions Importance of relativehumidity EPRIDOE Contractors Review November 1986 Charry JM Bailey WH BrackenTD eds DC electric fields air ions and respirable particulate levels in proximity to VDTsInternational 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 RockefellerUniversity Small Animal Exposure Chambers EPRIDOE Contractors Review November1985

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

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

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

Bailey WH Charry JM Measurement of neurotransmitter release and utilization in selectedbrain regions of rats exposed to DC electric fields and atmospheric space charge 23rd HanfordLife Sciences Symposium Richland WA October 1984


tLLh0112

Bailey WH Charry JM Weiss JM Cardle K Shapiro M Regional analysis of biogenic amineturnover in rat brain after exposure to electrically charged air molecules air ions Society forNeuroscience 1983

Bailey WH Biological effects of air ions Fact and fancy American Institute of MedicalClimatology Conference on Environmental Ions and Related Biological Effects October 1982

Goodman PA Weiss JM Hoffman LJ Ambrose MJ Bailey WH Charry JM Reversal ofbehavioral depression by infusion of an A2 adrenergic agonist into the locus coeruleus Societyfor Neuroscience November 1982

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

Bailey WH Alsonso DR Weiss JM Chin S Predictability A psychologic behavioral variableaffecting stressinduced myocardial pathology in the rat Society for Neuroscience November1980

Salman SL Weiss JM Bailey WH Job TH Relationship between endogenous brain tyrosinehydroxylase and social behavior of rats Society ofNeuroscience November 1980

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

Bailey WH Maclusky S Appearance of creatine kinase isoenzymes in rat plasma followingmyocardial injury by isoproterenol Fed Proc 1978 37889

Bailey WH Weiss JM Effect of ACTH 410 on passive avoidance of rats lacking vasopressinBrattleboro strain Eastern Psychological Association April 1976

Prior Experience

President Bailey Research Associates Inc 1991 2000Vice President Environmental Research Information Inc 19871990Head of Laboratory of Environmental Toxicology and Neuropharmacology New York StateInstitute for Basic Research 19831987Assistant Professor The Rockefeller University 19761983

William H Bailey PhDPage 100112 nx

tIy

Academic Appointment

Visiting Fellow Department of Pharmacology Cornell University MedicalCollege New York NY 1986 present

Prior Academic Appointments

Visiting Scientist The Jackson Laboratory Bar Harbor ME 19841985Head Laboratory of Neuropharmacology and Environmental Toxicology NYSInstitute for Basic Research in Developmental Disabilities Staten Island NY19831987

Assistant Professor The Rockefeller University New York NY 19761983Postdoctoral Fellow Neurochemistry The Rockefeller University New YorkNY 19741976Dissertation Research The Rockefeller University New York NY 19721974CUNY Research Fellow Dept of Psychology Queens College City UniversityofNew York Flushing NY 19691971Clinical Research Assistant Department of Psychiatry University of ChicagoPsychiatric Psychosomatic Inst Michael Reese Hospital and Illinois StatePsychiatric Inst Chicago IL 19681969

Teaching Appointments

Lecturer University of Texas Health Science Center Center for EnvironmentalRadiation Toxicology San Antonio TX 1998Lecturer Harvard School of Public Health Office of Continuing EducationBoston MA 1995 1997Lecturer Rutgers University Office ofContinuing Education New BrunswickNJ 19911995

Adjunct Assistant Professor Queens College CUNY Flushing NY 1978Lecturer 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 20072008 reviewer for National Programme on EMF and HealthUS Bureau of Ocean Energy Management Regulation and Enforcement 20092010Canadian National Collaborating Centre for Environmental Health reviewer of Centrereports 2008Island Regulatory and Appeals Commission province of Prince Edward Island Canada2008


National Institute of Environmental Health Sciences National Institutes ofHealth Review Committee Neurotoxicology Superfund Hazardous SubstancesBasic Research and Training Program 2004National Institute of Environmental Health Sciences Review Committee Role ofAir Pollutants in Cardiovascular Disease 2004Working Group on Non Ionizing Radiation Static and Extremely LowFrequency Electromagnetic Fields International Agency for Research on Cancer20002002

Working Group EMF Risk Perception and Communication World HealthOrganization 19982005Member International Committee on Electromagnetic Safety Subcommittee 3Safety Levels with Respect to Human Exposure to Fields 0 to 3 kHz andSubcommitee 4 Safety Levels with Respect to Human Exposure 3kHz to3GHz Institute of Electrical and Electronics Engineers IEEE 1996 presentInvited participant National Institute of Environmental Health Sciences EMFScience Review Symposium Clinical and In Vivo Laboratory Findings 1998Working Group EMF Risk Perception and Communication InternationalCommission on Non Ionizing Radiation Protection 1997US Department of Energy RAPID EMF Engineering Review 1997Oak Ridge National Laboratory 1996American Arbitration Association International Center for Dispute Resolution19951996

US Department ofEnergy 1995National Institute for Occupational Safety and Health 19941995Federal Rail Administration 19931996US Forest Service 1993

New York State Department of Environmental Conservation 1993National Science Foundation

National Institutes of Health Special Study SectionElectromagnetics 19911993

Maryland Public Service Commission and Maryland Department ofNaturalResources Scientific Advisor on health issues pertaining to HVAC TransmissionLines 19881989

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

US Public Health Service NIMH Psychopharmacology and NeuropsychologyReview Committee 1984

Consultant on biochemical analysis Colgan Institute of Nutritional ScienceCarlsbad CA 19821983

Behavioral Medicine Abstracts Editor animal behavior and physiology 19811983

Consultant on biological and behavioral effects of high voltage DC transmissionlines Vermont Department of Public Service Montpelier VT 19811982


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Scientific advisory committee on health and safety effects of a high voltage DCtransmission line Minnesota Environmental Quality Board St Paul MN 19811982

Consultant on biochemical diagnostics Biokinetix Corp Stamford CT 19781980

Professional Affiliations

The Health Physics Society Affiliate of the International Radiation ProtectionSocietySociety for Risk AnalysisInternational Society of Exposure AnalysisNew York Academy of SciencesAmerican Association for the Advancement of Science

Air and Waste Management AssociationSociety for NeuroscienceInternational Brain Research OrganizationBioelectromagnetics SocietyThe Institute of Electrical and Electronics EngineersEngineering in Medicineand Biology SocietyConseil International des Grands Reseaux Electriques

William H Bailey PhDPage 1301 12 tij

Summary of Sound Study Results at Delmarva Powers138 Street SubstationOcean City Maryland

Introduction

Delmarva Power presently owns and operates a distribution substation in Ocean City Marylandat the corner of 138 Street and Derickson Avenue Delmarva Power is seeking to expand thissubstation 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 islocated in a developed commercial and residential area Delmarva Power is taking special careto 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 substationand compares them with the sound expected to be produced by the expanded substation onceit has been placed in service It also details what steps are being taken to ensure the soundlevels 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 continuouslyduring operation The sound is often described as a hum and this type of sound typicallyoriginates 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 airconditioners for the substation control enclosures

Existing Conditions

The existing station contains two main sources of sound the two power transformers Eachtransformer has cooling fans as well which are activated as needed to cool each transformerThe substation is surrounded by a chainlink fence and some vegetation these features do notprovide any measurable sound reduction characteristics

On March 10 2011 Delmarva Power asked an acoustics consultant to perform a sound levelsurvey of the areas near the existing 138 Street Substation Nighttime measurements weretaken 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 anaverage of 51 dBA at night and 54 dBA during the day This includes all sound sources in thearea not just the substation Much of the sound was from traffic on the highway oceanbreezes from the east and distant surf Other sources of sound nearby included a streetlightand 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 soundacross 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 todetermine the sound levels of the existing transformers at several points around the substationOn 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 levelsare several dBA below the total sound level measurements which indicates that the

background noise is louder than sounds produced by the substationstransformers

Proposed Conditions

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

equipment that produces sound another power transformer with fans capacitors andinductors an SVC cooling system with fans and a control enclosure with a heat pump

Recognizing the importance of controlling sound from the expanded substation Delmarvag g P

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 systemwill also use low speed fans to reduce its sound level Additionally the equipment is beinginstalled as close to the ground as possible This helps not only the appearance of the stationbut also reduces the sound leaving the site compared to if the equipment were elevated ontaller structures As a supplemental measure Delmarva Power has proposed in its plans toinstall 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 thechainlink fence and vegetation that presently exists Lastly the new equipment is being locatedas 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 expandedsubstation to show under worstcase operating conditions the sound levels that can beexpected 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 thestreets to the north and west at the residential properties the sound levels are calculated to be40 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 orbetter than what exists presently Furthermore the expanded substations sound level is

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 125 of the sound intensity of the surrounding

environment so it should be difficult to detect at the neighboring residential properties

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Upgrade to Delmarva Powers138 Street Substation in Ocean CitySummary 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 tohelp prevent brownouts and blackouts in the area The major component of the upgrade is theinstallation of a Static VAR Compensator SVC that will stabilize line voltages 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 oruse electricity eg substations transmission lines household appliances when they are operating Thestrength 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 138Street We calculated both the existing levels around the substation today and the levels that areexpected after the upgrade is complete

The SVC will have only a small effect on the current magnetic field levels The largest increases willoccur at locations where there are no residences because of the location within the substation wherethe 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 resentsubstation 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 erationstAverage Load Peak Load

in milligauss mG in milligauss mGLocation with

Respect toExisting Future Magnetic Existing Future Magnetic

Substation Magnetic Field Field Levels with Magnetic Field Field Levels with

Levels SVC Levels SVC

North

138 Street 23 9 10

Roosevelt Avenue

West 2Demckson Avenue 3 5 5

East 10Sinepuxent Avenue 20 27 29

South 2137 Street 17 9 10

t Other sources of fields may exist in the areas surrounding the substation and throughout the neighborhood egservice drops to residences but these have not been modeledMilligauss 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 Cityresidents As demand for electricity from the electric system changes the magnetic field levels alsochange Therefore the magnetic fields were calculated for two levels of electricity demand loadaverage load and peak load In general the best estimate of future magnetic field levels is thatassociated with average loading For limited times during the year when peak loading occurs themagnetic field levels will be higher as shown in Table 1

The following summarizes the calculated magnetic fields from the existing substation and connectingpower 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 verysmall 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 of138 Street is the existing 138 kilovolt transmission line for both the present and future substationconfigurations

Derrickson Avenue West

On the west side of Derrickson Avenue calculations confirm that the main utility sources of magneticfields are the existing substation equipment and the distribution lines exiting the substation Theadditional magnetic field from the proposed SVC will be negligible at this location since the SVC isrelatively 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 levelas it is with the present substation configuration because at peak loading the SVC will not be in fulloperation it operates more of its equipment during lighter load periods so the fields in this area willcontinue to be dominated by the existing transmission lines On the other hand during average loadingconditions the magnetic field levels in this area are expected to approximately double since the SVCwill 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 2000 mG In the United States themagnetic field exposure limit recommended by the IEEEs international Committee on ElectromagneticSafety is even higher 9040 mG None of the calculated values of the magnetic fields outside thesubstation comes close to either of these limits No matter where a person walks or drives near thesubstation 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 southand east of the substation There are no residences opposite these sides of the substation To the northand to the west of the substation where there are residences located opposite the substation themagnetic 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 SVCas far south and east on the substation site as possible maximizin the distance between it and theresidential areas to the north and west and thus minimi the increase to magnetic field levels at theselocations

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

ilevels on sidewalks across from the substation on all sides will be small In addition magnetic fieldlevels at both average and peak loading will be a very small fraction 1 of the ICNIRP standard at

these locations

1 ICNIRP is an independent nonprofit scientific organization that conducts research in the field of non ionizing radiation incollaboration with a number ofnational and international scientific partner organizations including the EnvironmentalHealth 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 worlds largest technical professional society TheorganizationsInternational Committee on Electromagnetic Safety ICES develops its widelyaccepted standards under anopen consensus process among members of the medical scientific engineering industrial government and militarycommunities to promote the safe use of electromagnetic energy

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ATTACHMENT 12

Upgrade to Delmarva Powers138 Street Substation in Ocean CitySummary 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 tohelp prevent brownouts and blackouts in the area The major component of the upgrade is theinstallation of a Static VAR Compensator SVC that will stabilize line voltages in the area

Several residents have asked about the effect of the SVC on magnetic fields around the substationMagnetic fields are related to the flow of electric current and surround things that generate transmit oruse electricityegsubstations transmission lines household appliances when they are operating Thestrength 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 138Street We calculated both the existing levels around the substation today and the levels that areexpected after the upgrade is complete

The SVC will have only a small effect on the current n agnedcJield levels The largest increases winoccur at locations where there are no residences because of the location within the substation wherethe 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 presentsubstation 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 operationstAverage Load Peak Load

in milligauss mG in milligauss mGLocation with

Respect to Existing Future Magnetic Existing Future MagneticSubstation Magnetic Field Field Levels with Magnetic Field Field Levels with

Levels SVC Levels SVC

North

138 Street 23 9 10

Roosevelt Avenue

West 2Derrickson Avenue 3 5 5

East10

Sinepuxent Avenue 20 27 29

South 2137 Street 17 9 10

1 Other sources of fields may exist in the areas surrounding the substation and throughout the neighborhood egservice drops to residences but these have not been modeledMilligauuss 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 Cityresidents As demand for electricity from the electric system changes the magnetic field levels alsochange Therefore the magnetic fields were calculated for two levels of electricity demand loadaverage load and peak load In general the best estimate of future magnetic field levels is thatassociated with average loading For limited times during the year when peak loading occurs themagnetic field levels will be higher as shown in Table 1

The following summarizes the calculated magnetic fields from the existing substation and connectingpower 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 verysmall 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 of138 Street is the existing 138 kilovolt transmission line for both the present and future substationconfigurations

Derrickson Avenue West

On the west side of Derrickson Avenue calculations confirm that the main utility sources of magneticfields are the existing substation equipment and the distribution lines exiting the substation Theadditional magnetic field from the proposed SVC will be negligible at this location since the SVC isrelatively 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 levelas it is with the present substation configuration because at peak loading the SVC will not be in fulloperation it operates more of its equipment during lighter load periods so the fields in this area willcontinue to be dominated by the existing transmission lines On the other hand during average loadingconditions the magnetic field levels in this area are expected to approximately double since the SVCwill 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 eastside of Sinepuxent Avenue

Guidelines for Magnetic Field Exposure

The magnetic field exposure limit for the general population that is recommended by the InternationalCommission on Non Ionizing Radiation Protection ICNIRP is 2000 mG In the United States themagnetic field exposure limit recommended by the IEEEsInternational Committee on ElectromagneticSafety is even higher 9040 mG None of the calculated values of the magnetic fields outside thesubstation comes close to either of these limits No matter where a person walks or drives near thesubstation 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 southand east of the substation There are no residences opposite these sides of the substation To the northand to the west of the substation where there are residences located opposite the substation themagnetic field levels are not expected to change significantly if at all with the addition of the SVCSince magnetic fields decrease rapidly with distance Delmarva Power has proposed to locate the SVCas far south and east on the substation site as possible maximizing the distance between it and theresidential areas to the north and west and thus minimizing the increase to magnetic field levels at theselocations

By carefully designing and locating the SVC within the substation the increase in thetmagnetic fieldlevels on sidewalks across from the substation on all sides will be small In addition magnetic fieldlevels at both average and peak loading will be a very small fraction 1 of the ICNIRP standard at

these locations

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

s The Institute for Electrical and Electronics Engineers IEEE is the worldslargest technical professional society TheorganizationsInternational Committee on Electromagnetic Safety ICES develops its widely accepted standards under anopen consensus process among members ofthe medical scientific engineering industrial government and militarycommunities to promote the safe use of electromagnetic energy

ATTACHMENT 13

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ATTACHMENT 14

Kay Stroud

From Rlhocean@aolcomSent Thursday March 15 2012 1154 AMTo Kay StroudCc 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 202012 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 youRich Irene Hansen

March 15 2012

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

From Rich and Irene Hansen 13yr Full Time Residence of Ocean City201 139 St Ocean City Maryland 21842Phone 410 2501154 email RLHoceannaaolcom

Subject Proposed Expansion of Delmarva Power Substation at 138 St SinepuxentAve

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 electromagnetic field of the equipment that is going to be added and will double the amount of the electro magneticfield around the transmission line that will carry the electricity from the expanded sub station Can the OceanCity Planning and Zoning Commission Ocean City Council and Delmarva Power give us and guarantees thatour 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 equipmentIt would have a smaller impact on the residential community and would reduce the amount of electro magneticfields because there would not be as high a level of concentration since the size of the sub station would beabout 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 towerconstitutes an industrial park in the middle of the Caine Woods community The zoning was done after the factwhen 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 andSinepuxent Ave The front porch and side porch which is our back yard of our home looks directly at theproposed expansion When we purchased our home at the corner of 139 St and Sinepuxent Ave we had a viewof other residential homes from our front and side porch If the view was a sub station we would not havepurchased the home Our point is that if we put our house on the market the perception of a potential buyerwould 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 ourhome

Continued on page 2

Page 2

4 Delmarva Power did not inform the Caine Woods Community Association of their intention to expand thesub station until after they had settled on the 4 homes that they purchased to demolish to make way for theexpansion We feel that this was assumed by Delmarva Power to be a done deal and we as Caine Woodsresidents are forced to accept it The date of the meeting with the Caine Woods Community Association boardon October 28 2012

In summary we are in favor of more reliable electrical service to Ocean City however we feel that if theexpansion was done at 100 St in back of the library it would be more evenly balanced with regard to the safetyand 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 hasbeen stated to the residents of Caine Woods by representatives of Delmarva Power in a public meeting held atthe ELKs lodge in Ocean City on February 11 2012 that a 20ft or more high wall with landscaping willsurround the entire sub station with the approval of the Town of Ocean City We would hope that it would beattractive and well maintained and not become an eye sore to the community

Sincerely yours

Richard L Hansen

Irene A Hansen

2

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Subj Delmarva Power sound and EMF studiesDate 716201245429PM Eastern Daylight TimeFrom jimasmith2CcdelmarvacomGood afternoon

As part of Delmarva Powerscommitment to keep our customers informed about the Ocean City static varcompensator SVC project attached are the EMF and sound studies At the February communitymeeting we committed to providing this information to you and your neighbors 30 days in advance of theconditional use hearing

Sincerely Jim Smith

Jim SmithDelmarva Power

Senior Public Affairs Manager410 8606366 Maryland302 9343342 Delaware410 2073897 Celljimasmith2@delmarvacom

This Email message and any attachment may contain information that is proprietary legally privilegedconfidential andor subject to copyright belonging to Pepoo Holdings Inc or its affiliates PHI ThisEmail is intended solely for the use of the personsto which it is addressed If you are not an intendedrecipient or the employee or agent responsible for delivery of this Email to the intended recipientsyouare hereby notified that any dissemination distribution or copying of this Email is strictly prohibited If youhave received this message in error please immediately notify the sender and permanently delete thisEmail and any copies PHI policies expressly prohibit employees from making defamatory or offensivestatements and infringing any copyright or any other legal right by Email communication PHI will notaccept any liability in respect of such communications

Wednesday August 01 2012 AOL EarthAv8or

Summary of Sound Study Results at Delmarva Powers138 Street SubstationOcean City Maryland

Introduction

Delmarva Power presently owns and operates a distribution substation in Ocean City Marylandat the corner of 138 Street and Derickson Avenue Delmarva Power is seeking to expand thissubstation 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 careto ensure that the installation complies with all applicable laws and ordinances pertaining toallowable sound levels This report summarizes the existing sound levels near the substationand 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 soundlevels 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 typicallyoriginates 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 airconditioners for the substation control enclosures

Existing Conditions

The existing station contains two main sources of sound the two power transformers Eachtransformer 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 notprovide any measurable sound reduction characteristics

On March 10 2011 Delmarva Power asked an acoustics consultant to perform a sound levelsurvey of the areas near the existing 138 Street Substation Nighttime measurements weretaken 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 anaverage 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 streetlightand 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 substationOn 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 substationstransformers

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 followingequipment that produces sound another power transformer with fans capacitors andinductors an SVC cooling system with fans and a control enclosure with a heat pump

Recognizing the importance of controlling sound from the expanded substation DelmarvaPower is purchasing low sound equipment for the SVC Specifically the new power

transformer capacitors and inductors are special low sound design The SVC cooling systemwill also use low speed fans to reduce its sound level Additionally the equipment is beinginstalled as close to the ground as possible This helps not only the appearance of the stationbut 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 toinstall 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 locatedas 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 expandedsubstation 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 theexpanded 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 be40 dBA or less

Conclusions

Total sound including background noise around the perimeter of the substation is presentlyabout 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 excludingbackground 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 orbetter than what exists presently Furthermore the expanded substationssound level is

calculated to be approximately 9 dBA below the background noise level Each 3 dBA reductionin sound level results in a 50 decrease in the intensity of the sound This means the soundintensity from the substation is only about 125 of the sound intensity of the surroundingenvironment so it should be difficult to detect at the neighboring residential properties

PlanningZoningOceanCityMarylatd

Case2121000vZ

Exhibitopff2aO

1

1 PLANNING AND ZONING COMMISSION

2 NOTICE OF PUBLIC HEARING

3

4 Applicant

5 Delmarva Power and Light Company

6 Conditional Use Permit Request

7

8 City Hall

9 301 Baltimore Avenue

10 Ocean City, Maryland 21842

11

12 Tuesday, August 7, 2012

13 * * * * * * *

14

15

16 Zeve Reporting Company

17 206 South Washington Street

18 Snow Hill, Maryland 21863

19 (410) 208-4566 (410) 208-4767 Fax

20 Reported by: Kathy A. Zeve

21

2

1 PUBLIC HEARING

2 MS. BUCKLEY: We're going to open the

3 public hearing this evening for Delmarva Power and

4 Light Company, a corporation of the State of

5 Delaware and the Commonwealth of Virginia, File

6 No. 12-121-00002. Pursuant to the provisions of

7 Article II, Division 5, Section 110-121, et. seq.,

8 conditional uses, a request has been filed under the

9 provisions of Section 110-304(2), uses permitted by

10 conditional use in the R-2A, low density

11 multi-family residential district, to permit

12 expansion of existing electrical substation. The

13 site of the request is described as lots 1A and 1B

14 as shown on a plat entitled Resubdivision Lot 1,

15 Block 110, Fenwick plat No. 4, recorded in the plat

16 book R.H.O. No. 153, page 75, and lots 2A and 2B as

17 shown on the plat entitled Resubdivision, Lot 2,

18 Block 150, Fenwick plat, and recorded among the plat

19 records in plat book 190, page 60, parcels 2623A and

20 2624A, map 119 -- 118, correction, further described

21 as located on Sinepuxent and Derrickson Avenues

3

1 between 137th and 138th Streets, in the Town of

2 Ocean City, Maryland. The applicant, Delmarva Power

3 and Light, a corporation of the State of Delaware

4 and the Commonwealth of Virginia.

5 As we do prior to any public hearing,

6 the -- if anyone has any reason why one of the

7 commissioners should not sit for this public

8 hearing, we need to know now, and then we will, by

9 majority vote, decide whether or not that person

10 shall sit. Does anyone have any objections to the

11 four of us taking part in this public hearing?

12 Let the record state that there were no

13 objections to the four of us. And we will continue

14 with presentation of the staff -- from the staff by

15 Mr. Blaine Smith. And he will be sworn in.

16 (Whereupon, Mr. Smith was sworn in.)

17 THE WITNESS: I do. My name is Blaine

18 Smith, zoning administrator.

19 What I would like to do to set some

20 history of this property, which is already improved

21 with a substation, is to go through some of the

4

1 zoning evolution.

2 And I'm going to go back to July 20th,

3 1970. Mayor and Council adopted the first

4 comprehensive zoning ordinance and zoning maps on

5 July 20th, 1970. And at that time, substations

6 for electric, sewer and water even then were

7 conditional use.

8 And in 1974, Delmarva Power and Light

9 received a conditional use approval for the existing

10 substation at this location on the westerly portion

11 of the property that we're now looking at.

12 Then in 1983, as part of a comprehensive

13 rezoning of the Caine Woods area, much of the area

14 west of Sinepuxent was down zoned from R-2 to R-1 as

15 a single family residential district, which included

16 this property in its entirety at that time. And

17 that was in 1983.

18 As part of another comprehensive plan in

19 1993, this premise was zoned R-1 on the westerly

20 portion of the property where the existing

21 substation exists. The easterly portion of that

Public Hearing - Conducted in August 7, 2012

Zeve Reporting Company (410) 208-4566 (410) 208-4767 Fax

5

1 property which consisted of two lots at that time

2 were then changed from R-1 to R-2A which is a low

3 density residential district. And it was only those

4 two lots that were made R-2A within that block.

5 Properties south of that area were also made R-2A

6 low density residential. But all of the rest of the

7 westerly portion and the northerly portion of that

8 neighborhood remained R-1.

9 The other part of that 1993 update of our

10 comprehensive plan and zoning maps, part of the

11 zoning ordinance was amended to as a use to prohibit

12 these types of use in the R-1 district and the R-2A

13 district. It was actually a prohibition in 1993 to

14 continue these types of use in the R-1 and R-2A

15 district. That created a nonconformity with the

16 existing electric plant, the substation, so it

17 became nonconforming as a result of the 1993

18 amendments to our zoning regulations and maps.

19 The premise where these two lots were,

20 were further subdivided at a later date and four

21 dwellings were built on those properties in the mid

6

1 1996 time period. Four permits were issued, four

2 dwellings were built on those subdivided lots.

3 In recent time, DP&L has subsequently

4 purchased those properties and demolished those four

5 dwellings that were built in the 1996 time period.

6 And they also are in preparation of deconsolidating

7 those four lots with the balance of their property.

8 So they would own the whole block as one parcel, and

9 they've got prepared subdivision plats that will go

10 on record showing that they would -- it would be one

11 parcel and be one unified use of the property. They

12 have been in preparation of doing that knowing that

13 they're still subject to your approval of any

14 expansion of that electric substation.

15 Zoning regulations were amended again on

16 September 19th, 2011. Those regulations were to

17 amend the allowed use within the R-2A district, one

18 of which was a conditional use which reinstated the

19 substation in those R-2A regulations as a

20 conditional use. And as the Chairman read into the

21 record, that was the reference that was based on

7

1 this conditional use tonight.

2 So now this board does have the authority

3 to hold a public hearing for the expansion of that

4 electric substation as a conditional use. They in

5 turn, after getting all presentation, testimony for

6 those that may be in favor or against, once they

7 receive all evidence and information, they will

8 deliberate and make a finding of fact and make a

9 recommendation to the Mayor and Council on the

10 request. In turn, the Mayor and Council will

11 consider the recommendation and make a final

12 decision on the request. That's what would happen

13 after tonight.

14 So this is a conditional use again, and

15 it's for the expansion of the substation. An

16 application was made on February 21st, 2012, for

17 this hearing request. We did have a scheduled

18 meeting for the conditional use which was on March

19 the 20th, the year 2012, and it was agreed that it

20 would be postponed so that they could -- DP&L

21 representatives could meet with the community and

8

1 try to assure them that they could be a good

2 neighbor without creating adverse effect with the

3 redevelopment and the expansion of this property.

4 And they'll explain the necessity of this equipment

5 that they're now asking for and how they will

6 enhance the property and maintain the property in

7 compliance with the zoning regulation.

8 I have also received -- before I do that.

9 In my memorandum that I just read from, I had

10 referenced several things that had been changed over

11 time. I would like to put these as exhibits. These

12 are prior zoning maps and prior regulations that

13 have been amended from time to time to substantiate

14 what I stated in the memorandum that those things

15 did in fact take place and that we do now have the

16 authority to consider a conditional use for the

17 expansion.

18 Plans were submitted with the application,

19 and the presenter on the screen will do a PowerPoint

20 presentation. But we also have a set of site plans

21 and some civil drawings and some technical data to



9

1 show the lay of the property as it will be expanded

2 for the new equipment as part of the electric

3 substation.

4 And again, this is on the easterly portion

5 which consists of -- now we have four lots that they

6 have purchased. And the plant has been revised

7 since our last meeting to show a control house --

8 you can't see it yet. There's a control house on

9 that property on the north portion of the property.

10 There is other equipment that is south of that

11 control house going towards 137th Street and

12 somewhat adjacent to Sinepuxent Avenue.

13 One of the primary things that they are

14 doing here that is different than what's on the site

15 right now, they are proposing a 15-foot high

16 decorative wall, which is a solid wall, to buffer

17 the interior use of that site to those adjacent

18 properties. The 15-foot high wall with a -- it has

19 like a brick finish to it -- I'm not sure what the

20 color tone would be -- would be done in such a way

21 that it will set back 10 feet from the lot line

10

1 adjacent to the public sidewalk, and then they would

2 have a landscape buffer around the entirety of the

3 property. Both the wall and the landscape -- and

4 there is a landscape plan as part of the drawings

5 that shows the plant material as they will be seen.

6 And there are some elevations that will be shown to

7 the commission and to the public on the anticipated

8 appearance of that wall and the landscape.

9 There are four entrances that would enter

10 the property, two off 138th Street and two off

11 137th Street, to service the property and the

12 equipment for access. 137th Street is a 70-foot

13 right of way, and 138th Street is a 70-foot right

14 of way. Derrickson Avenue to the west is a 50-foot

15 right of way, and the Sinepuxent Avenue is a 60-foot

16 right of way.

17 The property to the north, as you see on

18 the plans, is zoned R-1, and those are single-family

19 residential lots and a townhouse project that fronts

20 Sinepuxent Avenue at the corner of 138th Street.

21 The properties to the west on the west

11

1 side of Derrickson Avenue, which is the 50-foot

2 right of way, are single-family lots, and they are

3 improved with single-family lots midway to the

4 property to the northwest.

5 The properties to the southwest and the

6 adjacent is zoned R-2A, the same as this property,

7 but they also have single -- well, the water plant's

8 in there as the adjacent property. I'm not sure

9 about the southwest property, if those are

10 residential or not, because we also have a -- I

11 think there's a park up in that neighborhood as well

12 in that sector. So there's R-2A and R-1 on the west

13 portion of Derrickson Avenue. To the south of the

14 137th Street adjacent is R-2A as well. Directly

15 across the street on Sinepuxent to the east of the

16 project, you have the Elks Lodge and the Bayside

17 Shop-o-rama shopping center. And to the north of

18 that, you have the Fenwick Inn, and south of the

19 Elks, you have the Old Pro Golf. And so, as with

20 his, we do have the water plant directly across from

21 137th Street. So there's commercial zoning to the

12

1 east, there's R-2A low dense residential to the

2 south, southwest, and R-1 to the north, northwest at

3 the site.

4 MS. BUCKLEY: Okay. Any questions or

5 comments for Blaine? Okay.

6 MR. SMITH: I do have -- we did run

7 advertisements in the Ocean City Digest, and we

8 reran those advertisements on July 19th and July

9 26th, the year 2012, stating the time, date, place

10 and purpose of this meeting. We also sent by

11 regular mail, I think it was on July 7th, we sent

12 regular mail to adjacent properties within a

13 300-foot radius in all directions of this block that

14 this meeting was going to reconvene tonight and its

15 purpose and what have you.

16 We did receive one letter. This probably

17 goes back to February from I think it was Mr. and

18 Ms. Hanson. I think I've shuffled it. And I'll put

19 this into evidence. And it is one of opposition,

20 they're not in favor of the expansion. And that

21 letter came by way of email, so we've had it in the



13

1 file after receiving it, but it is part of that

2 record from the conception.

3 MS. BUCKLEY: Okay.

4 MR. SMITH: I believe that's all of the

5 staff comments, unless you want to go through the

6 whole set of drawings. But I think the presenter is

7 going --

8 MS. BUCKLEY: I think the applicant will

9 be giving us that. And then we can bring you back

10 if we have any zoning issues or that sort of thing.

11 MR. SMITH: And the property was also

12 posted both in the early meeting and this past

13 meeting. And we did post it on 137th Street,

14 138th Street, and Sinepuxent Avenue to give the

15 neighborhood notice.

16 MS. BUCKLEY: Okay. Do you want to

17 hold -- I think the attorney for the applicant has a

18 question for you.

19 BY MR. SMITH:

20 Q For the record, Regan Smith, Williams,

21 Moore, Shockley and Harrison, here on behalf of the

14

1 applicant Delmarva Power and Light Company. Blaine,

2 just -- and briefly, I've premarked exhibits for the

3 record. I've premarked and submitted Exhibits 1

4 through 12.

5 And, Blaine, in referring to that, you

6 talked about -- if you could just review what the

7 legal standard is for the conditional use for the

8 commission?

9 A A conditional use is a use that is

10 permitted in the district. However, because of its

11 nature, it may or may not fit all neighborhoods in

12 that particular zoning classification, and that's

13 why it's considered as a conditional use so that you

14 can review to avoid any unnecessary adverse effect.

15 I believe the way the law reads, it's

16 understood that it will have certain impact or

17 adverse effect of sort, but that there's something

18 about this particular neighborhood that will be

19 different if you put it in another neighborhood, the

20 same zoning, that this one would be worse than or

21 better than another neighborhood. So you have to

15

1 determine its appropriateness at a particular

2 location.

3 And I believe, as knowing that that was

4 determined somewhat in 1974 with the existing

5 substation, and that -- the neighborhood has already

6 experienced this use, and to expand the use, a

7 conditional use has to be reapplied for if it's

8 amended or added to. That's what they're doing.

9 This is subordinate of the existing substation. So

10 the use is appropriate if you can show that it would

11 not be more adverse or create undue hardship on

12 these neighbors.

13 And to say that much, Jesse Houston, our

14 planning director, didn't -- and almost neglected to

15 do this -- he gave me a memo regarding our

16 comprehensive plan, and this is our 2006

17 comprehensive plan. And the statement is that "The

18 expansion of certain basic economic activities can

19 be more readily accomplished, provided a public and

20 private utility and surge systems are adequate for

21 the existent and projected town population.

16

1 Adequate maintenance and expansion of such

2 facilities is therefore necessary to the physical,

3 economic and social well-being of the town.

4 Therefore, the major goal of the town is to provide

5 for a continued maintenance and expansion of

6 community facilities, and a complete and efficient

7 system of public service is necessary to ensure the

8 health, safety and welfare of the residents and

9 visitors and the economic prosperity of the

10 community."

11 And we've also got a memorandum from Terry

12 McGean. Now, Terry is here. I don't know if I need

13 to read that, but I would like to enter it into the

14 record, both these memorandums, because he does

15 interact with DP&L because of our necessity of

16 public services and adequate public services and the

17 maintenance of those facilities. And I'll enter his

18 memorandum in the record, but he will probably speak

19 to that I would suspect.

20 MS. BUCKLEY: Okay. I would think so.

21 BY MR. SMITH:



17

1 Q I don't know if Jesse can work some magic

2 over there.

3 Blaine, if I may, this is just a copy of

4 the zoning map. And that is in your packet. I

5 believe it is Exhibit No. 3 -- 4, I'm sorry. And

6 the area in discussion, Blaine, is on your map shows

7 is the R-2A?

8 A This is the R-2A and to the south of that,

9 it's showed in the hash lines, that is the water

10 plant which is a governmental facility. And then I

11 believe the other portion may be the park area that

12 I spoke to that is somewhat southwest of the site

13 which is also R-2A.

14 Q So the neighboring utility cluster here is

15 also in an R-2A zone?

16 A Yes. That's the underlying zoning.

17 Q So the only residential zone that abuts

18 this is in the R-1 to the north?

19 A To the north, and I believe that's where

20 the townhouse project is, to the north.

21 Q And this plat is a little unusual in this

18

1 area, the Fenwick plat, because the roads are wider

2 than the other roads in Ocean City; is that correct?

3 A Some of the roads are wider.

4 Q And the road provided a 60-foot

5 separation, so to speak, between this use and the

6 neighboring uses to the north and I believe to the

7 south?

8 A They're actually 70-foot right of ways.

9 Q 70-foot?

10 A Yeah.

11 Q So that 70 feet is fairly unique as far as

12 any location in town in providing additional

13 separation?

14 A Yes.

15 Q So that would allow us to utilize our

16 property and maintain the maximum setback we can

17 from any residential or other additional uses?

18 A Yes.

19 Q And at the time -- I'm going to show you

20 some photographs that were taken. And if we can,

21 these are marked previously as No. 12 I believe.

19

1 And these photographs are identified as taken in

2 1971. And when you look at these photographs, would

3 you mind, if you could, pointing out our location?

4 A Okay. They're off the screen.

5 Q So we have, here is the sitting water

6 tower. And in 1971, the only thing in this area was

7 the Old Pro Golf course?

8 A The Old Pro Golf, and then this would be

9 the site.

10 Q And this area at the time had been laid

11 out as a residential subdivision; is that correct?

12 A It was, and those are actually dirt roads

13 at that time.

14 Q For a lot of these areas?

15 A Yes.

16 Q So the area in question, it was determined

17 that it would develop residentially. And at the

18 time the hearing was held in 1974, it was deemed to

19 be appropriate to have a substation in that area?

20 A Yes, because the Fenwick plat had already

21 been reported. So it was cut into residential lots

20

1 in that area at that time.

2 Q And at that time, the planning commission

3 and council determined that was an appropriate use

4 for that area?

5 A Yes.

6 Q And then I'm going to show you a second

7 series -- and we'll submit these for you all to

8 review as well. And these are marked on the back as

9 1993. And if you could describe for the members

10 what we're looking at there?

11 A Okay. Again, this is the existing

12 substation, and you can see how this is built out

13 prior -- subsequent to that 1970 date. This is the

14 substation, and there were two vacant lots at that

15 time that ran from 137th to 138th Street, and

16 thereafter they were subdivided, four houses were

17 built on them. There were several houses in that

18 area. There were several vacant lots, but there

19 were also several houses. All the streets had been

20 developed, all the sidewalks had been put in, and it

21 was being built out as a residential community.



21

1 Q So since 1993, residential development has

2 come directly next to the substation?

3 A It was within the same block as the

4 substation.

5 Q And then we have this condominium which

6 existed in the late 1970s?

7 A I believe it was, or early '80s, but I

8 think '70s.

9 Q And then there appears to be vacant lots

10 on the north side of that block?

11 A And we've had, like, the prior -- the

12 Fenwick Inn didn't exist in the prior -- and much of

13 Montego Bay evolved after 1969, thereabout, in that

14 particular sector.

15 Q So obviously we have a significant amount

16 of residential development coming towards the

17 substation, and obviously they need electric and

18 utility service to service that entire area?

19 A Yes.

20 Q And I'll submit these as well. And then

21 this final photograph is dated 2010. You can slide

22

1 that over.

2 A Now -- because that's Coastal Highway.

3 This is the Elks Lodge which has expanded over time.

4 It was a one-story building at one time. In recent

5 years they went two story. And the substation is

6 here. This shows the property with the four

7 dwellings on it that was there in 2010. And most

8 all the other properties have built out in that

9 neighborhood at that time.

10 And we now also have the indoor Old Pro

11 Golf on that corner of 137th Street, on the south

12 side of 137th Street there was an indoor golf

13 course. It was not there at one point in time.

14 Q So this is essentially a built out

15 commercial/residential development at this point?

16 A It's 99 percent built out.

17 Q And the only change since then is these

18 houses are now gone?

19 A They're gone. And there are a few other

20 houses -- in fact, there's one house further north

21 that's been built right now on one of those streets.

23

1 Q But essentially that's the major change

2 since then would be the property for the substation

3 addition is now cleared?

4 A Yes.

5 Q Okay. And, Blaine, just to touch on the

6 comprehensive plan. The adequate public facilities

7 is one of the factors in the comprehensive plan; is

8 that correct?

9 A Yes. In fact, when the planning

10 commission sends a draft finding of fact, that's one

11 of the things they have to address is adequate

12 public facilities in the town, you know, for a use.

13 In this case, it is the facility to maintain

14 adequacy for that particular type use to maintain or

15 sustainability of electric.

16 Q Since we have this existing site that

17 consists of a substation, it does make sense and

18 it's appropriate to add there rather than an

19 additional location?

20 A From my understanding it does. And I

21 understand that the presenter will go in great

24

1 detail about that expansion and the necessity of it.

2 It is appropriate.

3 Q But it minimizes the impact of the

4 neighboring area because there's already a

5 substation there?

6 A Yes. And I think with the other

7 improvements, it will make it, in my opinion, a

8 better neighbor.

9 Q And the proposal, as you've seen it,

10 they've tried to maximize compatibility with the

11 existing and proposed development for the area,

12 they've added a wall, they've proposed landscaping

13 and done above and beyond in order to try and

14 minimize the impact?

15 A And they've made adjustments to move it as

16 far away from those residences by shifting the

17 control building to the north. It used to be to the

18 south. And it becomes a better neighbor to those

19 adjacent properties than some of the equipment that

20 would have been closer to the residences. So I

21 think they've made adjustments in favor of the



25

1 residents.

2 Q And the present future transportation

3 patterns, it's not going to impact; in fact, it

4 added parking to the area by taking away the

5 residential uses there?

6 A Yes.

7 Q And you don't expect their use to impact

8 road use by any significant amount?

9 A No, no more than it has done.

10 Q And the population change in that area

11 since the 1970s, these upgrades will allow them to

12 sustain the reliability of the system?

13 A I believe that's the vision or the goal is

14 to maintain that reliability.

15 MR. SMITH: I don't have any further

16 questions of Blaine at this time.

17 MS. BUCKLEY: Okay. Mr. Smith, thank

18 you.

19 MR. SMITH: At this time I would call

20 Jim Smith.

21 MS. BUCKLEY: We better start using

26

1 first names tonight. I see that now.

2 MR. SMITH: The other Smith.

3 (Whereupon, Mr. Smith was sworn in.)

4 THE WITNESS: I do.

5 MR. GREGORY: Please state your name and

6 address.

7 THE WITNESS: My name is Jim Smith with

8 Delmarva Power. Work address is 2530 North

9 Salisbury Boulevard, Salisbury, Maryland.

10 BY MR. SMITH:

11 Q And, Jim, could you state your occupation

12 for the record?

13 A Yes. I work with Delmarva Power and Light

14 as a senior public affairs manager in external and

15 government affairs for the corporation.

16 Q And in that capacity, you present a lot of

17 evidence at these hearings; is that correct?

18 A Jack of all trades, master of none. Yeah.

19 We do a lot of governmental, stakeholder, external

20 affairs work with folks like this and commissions

21 similar to this across the peninsula.

27

1 Q If you could sort of give us just a brief

2 description on what's going on right now with

3 Delmarva Power as far as your north/south

4 transmission, and then we'll get into your

5 PowerPoint presentation?

6 A Sure. I'll get into some detail about our

7 transmission system that serves the entire

8 peninsula, but -- and we have a poster board graphic

9 that I'll refer to in a bit.

10 But we are a north/south dependent

11 transmission system. We don't cross water at the

12 Chesapeake Bay Bridge, nor do we cross from the

13 Eastern Shore of Virginia to Virginia Beach. We are

14 north/south dependent with the majority of the

15 generation being the northern part of the system.

16 That does pose historically challenges for Delmarva

17 Power, especially with growth along the peninsula,

18 in supporting voltage and keeping reliability

19 constant and stabilized in where it needs to be.

20 And this project is a project that addresses that.

21 Q And your overall DP&L expenditure is

28

1 fairly significant throughout the shore to improve

2 that reliability; is that correct?

3 A It is, yes. This year alone we're

4 spending about $142 million on reliability

5 investments throughout our service territory.

6 Q And it's my understanding that the

7 expenditure in Ocean City is in the neighborhood of

8 23, 24 million?

9 A I think the projection for this project is

10 actually going to be 26 million for the static var

11 compensator. We also have a handful of other

12 reliability projects going in Ocean City, so it

13 would even be beyond that over the next couple of

14 years total.

15 Q And the ultimate goal of all that is to

16 improve the reliability of our system?

17 A That's exactly right.

18 Q And just briefly, before we get into the

19 PowerPoint, all of Ocean City's power essentially

20 comes in from the north; is that --

21 A Yes, pretty much. The backbone



29

1 transmission system runs from north to south on the

2 Delmarva Peninsula. And it comes down several

3 different -- it cascades down several different ways

4 throughout the peninsula, but that is the primary

5 source, yes.

6 Q And as it enters the Ocean City 137th

7 Street substation, 138th Street substation is where

8 it lands?

9 A Yes. That is the -- we have two landing

10 points essentially from the north from Delaware, and

11 then we also -- we have a bay crossing that comes

12 into 85th Street and loops in basically. But,

13 yeah, that's the northernmost point in Ocean City.

14 Q So this upgrade coming in is going to

15 provide sustainability and reliability to the system

16 throughout the town?

17 A Yes. That's correct.

18 Q Okay. And just before you jump in, could

19 you kind of go over how you presented this over the

20 last year and a half to the town?

21 A Right. We had, I guess as far back as

30

1 2010, had worked with the town to, you know, talk

2 about the most appropriate location. And then I

3 guess as recently as last fall actually met with the

4 Caine Woods community board there. We did some

5 correspondence, some letters. We actually hosted an

6 informational meeting this past February at the Elks

7 Lodge to give the community a chance to hear a lot

8 of what's going to be discussed in my presentation

9 this evening. And then -- but had discussed it in

10 detail with the town as far as looking for an

11 appropriate location that would work to support

12 reliability and make it sustainable in Ocean City.

13 Q Throughout this year, one of your main

14 goals in addition to reliability, sustainability has

15 been to minimize the impact on the community that

16 surrounds it?

17 A Absolutely. We want to be a good

18 neighbor. We've provided service in Ocean City for

19 many, many years, and we want to continue that

20 tradition of service.

21 Q And if you could jump in when you're ready

31

1 with your PowerPoint.

2 A We can go to the next slide. I'm going to

3 just dovetail on some of the questions that Regan

4 asked me. I'm going to walk through how we look at

5 reliability from a strategic standpoint. I'm going

6 to talk specifically about transmission reliability

7 which is the key element of this particular project.

8 I'm going to discuss the necessity of the statistic

9 var compensator with the expansion at 138th Street.

10 And then I'll provide some of the photos that you've

11 seen, the site plan and landscaping. I'm going to

12 talk a little bit about sound and magnetic field

13 studies that we've done, and then talk about some

14 basic community outreach construction information in

15 the timeline.

16 As you folks know, Delmarva Power has been

17 the provider here for many years. We have about a

18 half million electric customers on the peninsula.

19 Our regional headquarter locally here is in

20 Salisbury, Maryland.

21 Regan asked about reliability investments.

32

1 And as I said, we're going to spend about

2 $142 million to improve reliability this year

3 throughout our service territory. That's everything

4 from line rebuilding to substation enhancements like

5 this one, circuit upgrades, the replacing of aging

6 infrastructure, the insulation of new

7 infrastructure.

8 At the localized level from a distribution

9 standpoint, we have local engineers that handle

10 that. On the transmission side, we have a

11 transmission department that has to work very

12 closely with PJM Interconnection which is the

13 regional system operator, and I'll discuss that in a

14 little more detail as far as the need. And when we

15 look at loads, we look at load forecasts every year

16 and do a ten-year load forecast. And we look at it

17 as far as demand on the system, and we also look at

18 it from a circuit upgrade point of view on the

19 circuits that need to be modified and modernized.

20 Locally in Ocean City, we have a lot of

21 things going on right now in Ocean City. I met with



33

1 the Mayor and Council about a month ago to give them

2 an overview of our projects. This is one of them,

3 the SVC project. We're also next year going to be

4 rebuilding a transmission line between our

5 substations between 41st and 85th Street, the

6 Maridel and Ocean Bay substations, to support

7 reliability. And then we have a lot of distribution

8 projects in the queue as well. We've just recently

9 recabled totally Montego Bay. We're actually going

10 to be doing underground cable replacement in Caine

11 Woods, and that's basically replacing old cable that

12 was first put in when those developments came in.

13 So we have a lot of projects going on right now in

14 Ocean City.

15 I wanted to use this. This is a slide

16 that we usually use when we're dealing with our

17 emergency management partners and educating

18 customers on how we restore service. But I thought

19 this was good to give you folks an idea. A lot of

20 people interchangeably use the words transmission

21 and distribution. And on this screen here, the

34

1 No. 2 represents -- these large lines here represent

2 what is known as our transmission system. And that

3 is basically the interconnection of high voltage

4 lines that carry electricity from power plants to

5 substations and then in between substations. A lot

6 of our transmission on the peninsula looks just like

7 this, these H frame structures. In Ocean City, it's

8 typically a single pole of high voltage system. But

9 once the transmission -- it then goes into

10 substations like the one at 138th Street and steps

11 down the voltage to distribution level voltage. And

12 this distribution voltage is what actually serves

13 our end users, our customers. So I just wanted to

14 clarify that. Delmarva Peninsula owns and operates

15 most of the transmission system across the Delmarva

16 Peninsula, and we have about 1,500 miles of that

17 that cascade throughout the peninsula.

18 In order to enhance our service

19 reliability here in Ocean City, we're proposing to

20 expand the 138th Street substation to install

21 what's known as a static var compensator. And in

35

1 laymen's terms, it's essentially like a booster pump

2 that helps keep electrical pressure, in our case,

3 the electrical voltage constant across our system,

4 and it will give us the ability to distribute

5 electricity when and where it's needed.

6 Two primary functions of this piece of --

7 of the series of equipment that we're proposing to

8 install is that it's going to provide stability in

9 Ocean City. We touched on the north/south issues.

10 Typically the further south you go is where we run

11 into voltage issues. We installed an SVC in western

12 Sussex County, Delaware, about 10 or 12 years ago.

13 We installed one outside the Indian River Power

14 Plant near Millsboro about the same time frame of

15 voltage issues. And what we're seeing in Ocean City

16 from a voltage fluctuation standpoint, we discovered

17 that the need is there to construct this. So we

18 have -- especially during times of high demand like

19 in the summer.

20 It's going to give us the ability to

21 maintain a stronger more sustainable flow of

36

1 electricity. And as we said, it's about a

2 $26 million project that primarily benefits

3 customers here in Ocean City, although we don't

4 discriminate between county and state lines. Our

5 circuits run across state lines, so there are some

6 benefits to southeastern Sussex because there are

7 some customers that are served out of 138th Street

8 there.

9 I just want to touch on transmission

10 reliability planning because it's really kind of the

11 backbone of this actual project. As a transmission

12 owner, Delmarva Power and other utilities that own

13 transmission have to work in accordance with

14 standards that are set by several different

15 organizations; FERC, the Federal Energy Regulatory

16 Commission, an organization called NERC, which is

17 the North American Electric Reliability Corporation,

18 and notably PJM Interconnection which is the

19 regional grid operator.

20 PJM basically overseas grid operations in

21 all these colored areas. It's probably 55,



37

1 60 million customers. It used to be confined to the

2 Mid-Atlantic region, but PJM has grown through the

3 years, and so Delmarva Power and other transmission

4 owners have to work with PJM to basically identify

5 necessary upgrades to the system. PJM outlines

6 specific criteria which Delmarva and other

7 transmission owners need to follow to make sure we

8 keep the lights on.

9 In projects like this one, the analysis

10 that is used to arrive at a project like this, if

11 you see, is not only to keep the lights on under

12 normal circumstances and support voltage, but also

13 to serve customers should something go wrong on the

14 transmission system, basically to have redundancy in

15 place. And our transmission system is built quite

16 that way across the peninsula, not only to repair

17 outages quicker when they happen on the transmission

18 system, but also during the off-season to give us

19 the opportunity to do preventative maintenance.

20 A few details on this SVC. It's all about

21 reliable and sustainable voltage. As has been

38

1 mentioned, the original substation went into service

2 back in the mid 1970s. But we have found that our

3 system is vulnerable to low voltage conditions, and

4 that's why we need to move forward with this

5 project. The primary functions are stable,

6 acceptable voltage levels, the ability to control

7 voltage swings, not only during times of peak

8 demand, but also to control voltages during the

9 off-season. One of the things that we deal with in

10 Ocean City, kind of like the extremes in the

11 population here between summer and winter, we see

12 extremes of course at this time of the year,

13 extremely high demand, but during the wintertime,

14 because of the extremes there, we have to compensate

15 for that and sometimes have voltages used even

16 during the wintertime. So to help us prevent

17 voltage dips and even voltage collapse, which could

18 be in the form of an outage or brownouts which are

19 the dips in voltage, unacceptable dips in voltage.

20 And something that, you know, regular customers,

21 average customers don't think about is stable

39

1 voltage. When they turn the lights on, they want

2 the light to come on. But we spend a lot of time

3 making sure voltage is adequate from a safety and

4 reliability point of view. And of course here in

5 Ocean City it has a huge impact on our tourism

6 industry.

7 This I think has been shown. This is just

8 an aerial view that was already shown that shows the

9 entire block. This is the existing substation, and

10 this is what we propose to expand.

11 A few details on the design, the total

12 perimeter footage is about 820 -- I think that

13 should be square feet, a 15-foot wall around the

14 existing substation. It will be about six to eight

15 inches thick. It will be made of precast concrete

16 with a textured face. We're proposing a sandstone

17 golden type of color. We think sand in Ocean City

18 would go well together.

19 There are already two gates for us to

20 ingress and egress out of the current substation.

21 We're proposing two more gates to be able to access

40

1 the equipment within the substation. Those gates

2 are about 20 feet wide.

3 As was mentioned earlier, we propose --

4 there's a ten-foot setback from the property line to

5 the 15-foot wall, and we were proposing a mixture of

6 vegetation, maple, birch and others that are

7 mentioned there, switch grass.

8 From a lighting standpoint, there's very

9 basic lighting that's in all of our substations.

10 It's not bright at all, but it's there for public

11 safety reasons. As far as any brighter type of

12 lighting, the only time that we would use

13 directional or flood spotlighting are when personnel

14 are working in the substation, that's typically at

15 night when there's a problem. We don't typically do

16 any type of maintenance work at night on our

17 substations for safety reasons.

18 And then there's a control room that would

19 be about 13 feet tall.

20 This is one of the site plans, I believe

21 this is the plan that was submitted. If you could



41

1 go ahead and click to the next one, it's a little

2 bit better photograph that we can zoom in on.

3 I just wanted to walk through some of the

4 equipment, the infrastructure that's going to be in

5 there. This basically shows some of the landscaping

6 that we had proposed. This is the existing

7 substation here where we have a couple of power

8 transformers and circuit breakers. This is the

9 north side of course. This would be where the

10 control house is.

11 The bulk of the equipment on the new

12 expanded part the substation would be in this area,

13 so easterly, southeasterly. Not near the

14 residential side.

15 Right here is a transformer that basically

16 steps down the transmission voltage to be utilized.

17 These are what we call reactors. These reactors are

18 all part of the voltage fluctuation issue. They

19 basically can decrease voltage for us when we need

20 to.

21 And then on the flip side, we have

42

1 capacitors and inductors in this area that can

2 actually provide better power quality, and also if

3 need be to boost voltage if we have voltage that

4 needs to go the other way.

5 This is a circuit breaker here. That's

6 essentially on a large scale like a circuit breaker

7 that you have in your house. It's a protective

8 device that protects all the equipment here. So

9 that in a nutshell is what we have inside the

10 substation there.

11 This is a sketch of the proposed barrier

12 wall or decorative wall. And these are custom-made

13 walls. And this is pretty close to I think what we

14 would have. You'll notice the two-tone look here.

15 Some of the walls that are constructed around

16 substations are actually colored on-site, painted

17 on-site. We would not do that. We would have it

18 predone at a factory. We would estimate the color

19 would be something lighter than this. More like a

20 sandstone or a golden, but it would have a textured

21 look to it, more of a decorative finish with the

43

1 caps like that on there. And we think esthetically

2 that that would really be an enhancement to the

3 overall site. Right now there's a chain-link fence

4 around the 138th Street substation as it stands.

5 And the vegetation that's been previously mentioned

6 as well.

7 MR. MILLER: That wall would be 10 feet

8 inside the sidewalk?

9 MR. SMITH: Yes. These are -- these are

10 just various -- I have four of these that are just

11 various conceptual views of the top showing what the

12 site looks like now, and what the proposed

13 conditions would look like with the wall. This is

14 the view looking northeast taken from the southwest.

15 Go to the next one.

16 This is the view looking northwest from

17 the southeast.

18 This is a view looking southeast. This is

19 how it is with the water tower in the background,

20 and this is what it would be proposed to look like

21 with the decorative wall.

44

1 And then on the fourth corner of the view

2 looking southwest, basically from the northeast,

3 this is what it looks like today, and this is what

4 we would propose it to look like.

5 As I said in my introductory, one of the

6 things that we took on as part of this was to

7 provide information on both sound and magnetic

8 fields. Those are issues that we typically deal

9 with with substation type of work.

10 Based on the work that we've done, we

11 expect the sound from the expanded substation to be

12 comparable to what the existing sound levels are.

13 We certainly comply with all local sound ordinances.

14 We're investing actually in low sound SVC equipment;

15 specifically the new transformer capacitors and

16 other equipment are special low sound design. The

17 cooling system is also built with low-speed fans to

18 reduce the sound level. The equipment is also being

19 installed in what we call low profile fashion.

20 Typically these SVCs, the ones we've installed

21 before, the one at Indian River is out near a switch



45

1 yard, so it's in a pretty wide open area, but we're

2 investing in more low-profile equipment so they're

3 not as elevated and it keeps it behind the wall so

4 it's out of sight.

5 And the decorative wall itself will

6 provide some sound absorption as well above and

7 beyond the esthetic value.

8 We had acoustic consultants perform sound

9 level surveys of the area. We took nighttime

10 measures between midnight and 1:00. We took daytime

11 measurements between 8:00 and 9:00 a.m. And at the

12 perimeter of the existing substation at the

13 sidewalk, the levels total sound were found to be an

14 average of 51 dBA at night, and 54 during the day.

15 The current town regulations are 55 at night and 65

16 during the day. And these sounds levels that were

17 taken, they took in total sound. So that's going to

18 include everything, you know, including traffic,

19 weather such as wind, residential heat pumps,

20 anything that's going to be in the area, you know,

21 voices.

46

1 And the manufacturer of the SVC has

2 completed a sound study to show that levels can be

3 expected to be comparable of what they are. The

4 results of their study showed that the levels from

5 the expanded substation where the SVCs are going to

6 be are going to be about 42 dBA or less, across the

7 street to the north and west at the residential

8 properties we're calculating about 40 dBA.

9 This graphic just shows there are a lot of

10 these that you can find. This is an industrial

11 noise control one where it basically shows

12 comparative examples of sound levels. So right now

13 we're in this 50 dBA area, sometimes quieter. And

14 this just gives you a scale of different types of

15 sounds. Forty dBA, you know, that's kind of lowest

16 sound of ambient sound in an urban/suburban area.

17 Fifty is a quiet suburb, conversation at home.

18 Sixty, you can, you know, see the different things,

19 background music, all the way up to 80 dBA being a

20 garbage disposal or car going 65 at about 25 feet

21 away.

47

1 So from a summary point of view on the

2 sound, we expect the sound level, again, to be

3 comparable to what's there already. As I mentioned,

4 the sound requirements are 55 and 65, night and day,

5 and we expect to comply as we are today.

6 And furthermore, the expanded substation's

7 sound level is calculated to be approximately 9 dBA

8 below the background noise level. So we believe

9 that means a substation should be difficult to

10 detect at the residential properties, especially

11 where we opted to place that equipment on the

12 southeast and easterly portion of the property.

13 The other study that we did was a magnetic

14 field study. Magnetic fields are related to the

15 flow of electric current, basically things that

16 generate, transmit or use electricity, whether they

17 be electrical infrastructure that a utility uses

18 through substations and transmission lines, or

19 things that you use in your house, whether it's a

20 microwave or a coffee maker. They all give off

21 certain levels of magnetic fields. And those

48

1 magnetic fields decrease rapidly from the source as

2 you move away.

3 We believe that the SVC, based on the

4 studies that we've done and the expertise that we've

5 brought in, will only have a small effect on the

6 existing magnetic field levels. And we think a lot

7 of that's because we've designed the substation so

8 that the sources that create the highest fields,

9 that equipment that I pointed out, are closest to

10 the locations where there are no residences.

11 The existing magnetic fields were

12 calculated at the sidewalks across the streets from

13 the present substation and compared to calculated

14 magnetic field levels within the expanded part of

15 the substation.

16 This graph shows you basically the results

17 of that. The highest levels you'll see are on the

18 east side of the substation. If you look at

19 existing magnetic field levels, around ten

20 milligauss. Milligauss is the term that is used to

21 measure magnetic fields. And the reason these



49

1 numbers are higher -- this is under average load.

2 This is under peak load, probably in the summertime,

3 you know, when customers are using the most. But

4 the existing magnetic fields levels from the north

5 are at two milligauss. We project three on average

6 load, three and ten when you look at peak loads.

7 On the west part, it was two milligauss.

8 We project around three. It was five on both at

9 peak load.

10 As I said, the east side has the highest

11 numbers. And the reason for that is, is because the

12 substation as it stands is connected to our

13 transmission system. And typically you see higher

14 numbers when the transmission lines exist. And

15 there are transmission lines that basically come out

16 of the north and south sides of the substation and

17 come easterly out to Coastal Highway. So -- and we

18 also have distribution underbuilt on those lines.

19 So that's why you see a little bump up there from

20 ten milligauss to 20, and 27 to 29 under peak load.

21 And then on the south side, two to 17

50

1 milligauss, and nine to ten at peak load.

2 To give you an idea of what that means, I

3 got this from the National Institute of

4 Environmental Health Sciences. We're looking at

5 projections of, you know, 30 milligauss. This gives

6 you an idea of different appliances from six inches,

7 a foot and two feet. A hair dryer six inches away

8 is about 300 milligauss, a can opener 600, vacuum

9 cleaner 300. It diminishes quickly as you move away

10 from it. But you can get an idea. This shows you

11 magnetic fields basically from appliances, things

12 that we can relate to.

13 Some of the guidelines for magnetic field

14 exposure, the limit for the general population

15 that's recommended by an international group called

16 the International Commission on Non-Ionizing

17 Radiation Protection is actually 2,000 milligauss.

18 And in the United States, the magnetic field

19 exposure recommended by the IEEE, which is the

20 Institute of Electrical and Electronic Engineers, is

21 even higher at over 9,000 milligauss. So none of

51

1 the calculated values of the magnetic fields at the

2 substation even come close to those limits.

3 And in summary, the areas where the

4 increase in the magnetic field is greatest are to

5 the south and east of the substation where there are

6 no residences. To the south of course is the town's

7 water facility. To the north and the west where the

8 residences are located opposite, the fields are not

9 expected to change significantly if at all. And the

10 magnetic fields at both average and peak loading

11 will be a very small fraction of the international

12 guidelines all around the substation.

13 I'm just about done. I just wanted to

14 point out specifically several enhancements or

15 additions that we have made with this particular

16 project. We have designed low profile equipment,

17 invested quite a bit in low profile equipment,

18 specifically designed to be as close to the ground

19 as possible and not visualized from the street.

20 Also low sound equipment, we're going

21 above and beyond to design equipment -- have

52

1 equipment designed that does not affect sound.

2 And then also the decorative wall, and

3 probably in total that's probably an extra

4 $1 million. But, again, we want to be a good

5 neighbor here in Ocean City. We've done business

6 here a long time, and we recognize that.

7 Just a quick tidbit. We talked about the

8 time line. We began the process of finding a

9 location back in 2010, and worked through '11 on

10 that. As I said, we met with Caine Woods back in

11 the fall. We had an informational meeting in

12 February. We sent about 400 letters out to

13 residents in that area.

14 And we had the removal of the homes on the

15 property adjacent to the substation.

16 Based on, you know, what we -- you know,

17 what's decided here, we expect to begin in the fall

18 with construction with a targeted completion of next

19 year, June of 2013. Certainly we'll coordinate with

20 the town on any construction-related issues.

21 I would just conclude that Delmarva Power



53

1 is committed to not only this community, but of

2 course providing reliable and safe service. We've

3 been, you know, the provider here for many years in

4 Ocean City, and providing reliable energy is of

5 utmost importance to the company. And this project

6 is one from a reliability and sustainability point

7 of view, it really is a necessity based on the

8 studies that we've done and the studies that PJM

9 Interconnection has done to keep voltage at

10 necessary levels and keep the lights on here,

11 especially during the summertime when our economy

12 depends on it.

13 So with that, I would be glad to answer

14 any questions. We also have some subject matter and

15 project team experts who are with us that if there's

16 any specific detailed questions could be available

17 to answer any questions as well.

18 MS. BUCKLEY: Okay. Peck, do you have

19 any questions?

20 MR. MILLER: The gates you're talking

21 about, are they going to match the walls, or what's

54

1 that going to look like?

2 MR. SMITH: The gates will match the

3 walls. Yes.

4 MS. BUCKLEY: It's going to be the

5 stone?

6 MR. KESSLER: No.

7 MS. BUCKLEY: You can't give

8 testimony -- if you're going to give testimony, you

9 have to come to the podium. Will it be an iron

10 gate?

11 (Whereupon, Mr. Kessler was sworn in.)

12 MR. GREGORY: State your name and

13 address, please.

14 MR. KESSLER: Sure. My name is Laslo

15 Kessler. My address is 41 Eagle Run Road, Newark,

16 Delaware.

17 MS. BUCKLEY: The question was, what are

18 the gates going to look like?

19 MR. KESSLER: Currently what we're

20 proposing for the gates are a sliding steel gate.

21 We're also evaluating a composite material. As far

55

1 as the gate color is concerned, it will match the

2 color of the wall. However, the texture cannot be

3 matched because, otherwise, it would have to be

4 precast concrete. And even with steel, a 15-foot

5 high gate 10 feet wide is close to two and a half

6 tons. So it would be next to impossible.

7 I received some notification from the

8 vendor today that they are looking at a -- almost as

9 a corrugated steel styled gate. We're evaluating a

10 sliding style gate for safety purposes. The wall

11 itself has to be designed for a wind speed of

12 120 miles per hour. Therefore, there's a tremendous

13 amount of load placed on those gates. So we have to

14 make sure for safety purposes that the gates are

15 stable during a hurricane event.


17 MR. SMITH: For the record Laslo is our

18 transmission civil engineer. He's the lead

19 engineer. He's a DP&L engineer.

20 MS. BUCKLEY: All right. Any other

21 questions?

56

1 MR. MILLER: No. The wall just looks --

2 is a significant improvement. I just -- the gates,

3 as long they do the best to blend in and look the

4 same, I think it will make the whole block a little

5 nicer.

6 MR. KESSLER: Yeah, definitely. It's

7 going to be a solid gate, so you're not going to be

8 able to see through it like the wall itself. And

9 just for the record, the wall itself is known as a

10 ledge stone pattern. So it's an imprinted precast

11 concrete. And what they will do is they'll -- like

12 Jim said earlier, they'll color code it within the

13 factory before assembly.

14 MS. BUCKLEY: Any other questions from

15 the commission? Thank you very much.

16 MR. SMITH: And briefly, Exhibits 10 and

17 11 were the analysis -- summary we did of the sound

18 study and the EMF study are in your packet.

19 MS. BUCKLEY: I just want to make a

20 comment. I will get to questions from the audience

21 shortly.



57

1 Do you have anything else, Mr. R. Smith?

2 MR. SMITH: Terry McGean. I first have

3 to apologize for not calling him earlier.

4 (Whereupon, Mr. McGean was sworn in.)

5 MR. McGEAN: I do.

6 MR. GREGORY: Can you state your name

7 and address?

8 MR. McGEAN: Terrance McGean, 12104

9 Sugarhill Court, Bishopville, Maryland. I'm the

10 city engineer for the town of Ocean City.

11 BY MR. SMITH:

12 Q And, Terry, for the record, you're --

13 you've been involved in discussions of this project

14 for a significant amount of time?

15 A Yes, sir.

16 Q And basically you oversee all the

17 infrastructure upgrades in the town?

18 A Between myself and Hal Adkins, yes.

19 Q So you will coordinate everything with

20 Delmarva Power and any other utility provider?

21 A Between myself and Hal, yes, depending on

58

1 the project.

2 Q And this infrastructure upgrade is a

3 significant enhancement to our current delivery

4 system; is that correct?

5 A In my opinion, given what we've been told

6 by Delmarva Power, it is. We have firsthand seen in

7 some of our town facilities, we've had damage from

8 the voltage drops and voltage fluctuations that

9 happened in town. We've had variable frequency

10 drives which drive our pumps at the wastewater plant

11 get burned up when these things have happened.

12 We've had the same thing at some of our air

13 conditioning and air handling equipment at the

14 Convention Center. The folks at home kind of see it

15 as, well, the lights dim a little bit, and maybe you

16 blow your television. For us it could be tens of

17 thousands of dollars when that happens.

18 Q And you prepared and submitted a

19 memorandum for the board; is that correct?

20 A Yes, sir.

21 Q And that was marked our Exhibit 8. And do

59

1 you want to review that for the board?

2 A Basically what we -- what I point out in

3 the memorandum is I give a little bit of history of

4 my knowledge of the grid, PJM grid, the challenges

5 that we face in Ocean City. I tell everybody, you

6 know, you hear it called the grid a lot of times,

7 but what we have in Ocean City isn't a grid, it's

8 a -- basically a single line. It's a number of

9 lines, but all runs in a north/south direction.

10 And it all kind of came to a head in 1999.

11 Some of you all might remember. We had the rolling

12 blackouts in town. At the same time, we were going

13 through electric deregulation, and I wound up

14 through that serving on a couple of committees with

15 the state and Public Service Commission, so I

16 learned more than I ever really wanted to know about

17 electricity transmission and learned of the real

18 challenges we face on the Delmarva Peninsula because

19 of the way that we're served off the grid.

20 The since 1999, Delmarva Power has made

21 quite a few improvements within the town. We have

60

1 not had the rolling blackout experience like we have

2 had in the past. So in terms of when they say

3 keeping the lights on, things are much better.

4 In terms of some of the other issues that

5 you're seeing, particularly the voltage

6 fluctuations, or what we call phase drops, we still

7 see quite a few of that. And as I said, that can

8 cause considerable damage to our equipment.

9 We did look -- when Delmarva Power came to

10 us with this project and they were looking at two

11 different sites, this particular site, and then they

12 have a vacant lot at 100th Street which is behind

13 our own parking lot. And that was a site they were

14 initially looking at. But the problem is there's no

15 infrastructure there. There's the existing

16 substation at 138th Street. So the transmission

17 lines, all that infrastructure already exists there.

18 The 100th Street lot would have meant

19 bringing that infrastructure all new into 100th

20 Street, and that meant tearing up Coastal Highway to

21 put things underground. In addition, it meant new



61

1 towers around that area to put things above ground.

2 And when Delmarva Power came back to us

3 with the option of doing the site at 138th Street,

4 one of the advantages to that, when you look at the

5 city as a whole, is it doesn't mean -- it means we

6 don't -- they are not going to do all those other

7 very disruptive projects that would have been needed

8 at the other site.

9 So in terms of the least disruptive site

10 of what was presented to us, it was this particular

11 site. And in terms of need, at least from what I've

12 seen, the project is necessary.


14 BY MR. SMITH:

15 Q And, Terry, this is consistent with the

16 comprehensive plan, these upgrades?

17 A Yes. That was already stated.

18 MS. BUCKLEY: Any questions by the

19 commission for Mr. McGean? Kay.

20 You're not finished, are you?

21 MR. SMITH: No, I am. And I want to

62

1 thank him.

2 MS. BUCKLEY: Thank you, sir.

3 MR. SMITH: The only thing I wanted to

4 do is just review the legal standard. I know you're

5 familiar with it, but for the record, if you don't

6 mind, Madam Chairman.

7 MS. BUCKLEY: Please.

8 MR. SMITH: The question is not whether

9 the proposed use will have some adverse effect on

10 the surrounding area because that's the nature of a

11 conditional use. The test is whether the adverse

12 effects would be greater or more detrimental at the

13 subject location than would be in result and if

14 located elsewhere in the same zone.

15 And in this case, as we presented, we've

16 got a substation there. This has to be by a

17 substation. This is the least adverse impact that

18 we can generate.

19 We've gone to great lengths to minimize

20 that impact on our neighbors through additional

21 expense, relocation, redesign, reengineering this.

63

1 And we hope that you like our decorative wall with

2 the 10-foot setback and the additional landscaping

3 on the outside. And that really is the maximum we

4 can set that in and still main our clearances for

5 safety reasons. So that gives us the maximum area

6 to work from or the minimum area to work from on the

7 inside and the maximum public space on the outside

8 to maximize our separation.

9 MS. BUCKLEY: Okay. Does the commission

10 have any other questions of the applicant at this

11 time? Okay.

12 I will entertain citizens' testimony in

13 favor or in opposition. I'll take just citizens'

14 testimony on the application.

15 Yes, sir. Please step up to the podium.

16 (Whereupon, Mr. Gisriel was sworn in.)

17 MR. GISRIEL: I do.

18 MR. McGEAN: Please state your name and

19 address.

20 MR. GISRIEL: Vincent De Paul Gisriel,

21 Junior, 14008 Sailing Road, Ocean City, Maryland,

64

1 21842.

2 And, Madam Chairman, before I testify, I

3 had a series of questions I wanted to ask the

4 applicant; is that appropriate?

5 MS. BUCKLEY: We usually do that after

6 this. So if that's okay, I'm just going by the

7 agenda I've been given.

8 MR. GISRIEL: All right. Then I'll skip

9 to my testimony then.

10 I'm going to go on the record as being

11 opposed to this project where DP&L wants to put it.

12 I live in Caine Woods. I'm .5 miles from driveway

13 to the corner of this property along 138th Street.

14 But by the crow, I'm a lot closer of course.

15 I came down to City Hall and reviewed the

16 file as I understood it to exist approximately two

17 weeks ago. And in reviewing the file, it generated

18 a number of questions on my part that I would like

19 to address -- or statements. And I'll get to my

20 questions when the appropriate time comes.

21 And I'm going to jump right into the issue



65

1 of the electromagnetic field study. I don't know

2 when that study was done, nor do I know when the

3 sound study was done. Again, that was one of my

4 questions. But the presentation which I think

5 mirrored what is in the file, there may have been

6 some add-ons to that, but basically it's the same,

7 states on page 23. And I don't know if you have

8 that presentation that we just saw, but it states

9 and I quote, "The large increases will occur at

10 locations where there are no residences because of

11 the location within the substation where the SVC is

12 proposed to be installed." And as Mr. Smith pointed

13 out, on the east side I think we saw bump up, as he

14 said, he characterized it as a bump up. I saw a

15 doubling from ten to 20. On the south side, it went

16 up eight and a half times, from two to 17 on the

17 milligauss.

18 And one of my concerns is while they may

19 be addressing issues in the residential side, there

20 are people that work at that water plant day in and

21 night out. We have people there. The water plant

66

1 operator's there in the evenings. He may not be

2 there all the time, but he's there part of the

3 shift. To the east -- that's on the south side

4 where the greatest bump up is.

5 To the east we have the Elks Club which is

6 frequented by members on a daily basis. Right now I

7 came past there a little while ago and there's bingo

8 tonight. There are employees there, bartenders,

9 staff, janitorial staff. My concern is that while

10 they're addressing the residential side which is --

11 they should be applauded for that, it leaves the

12 working people and the people frequenting these

13 facilities that much more vulnerable in my judgment.

14 They also say on page 24 of that report,

15 other -- quote, "Other sources of fields may exist

16 in the area surrounding the substation and

17 throughout the neighborhood. That is, service drops

18 to residences, but these have not been modeled."

19 And my question is, you know, evening time, people

20 are getting ready to go out, hair dryers are

21 blowing, TVs are on, the combination of the bump up

67

1 that this is proposed along with residential aspects

2 in the community, that hasn't even been factored in

3 as I understand by their own admission. And I'll

4 get into another question when it's time.

5 Now, I'll be honest, I don't know that

6 much about electric current. I'm not a scientist,

7 that sort of thing. But I went online and I pulled

8 up as much information as I could on electromagnetic

9 fields as I think most average citizens do today.

10 And I was intrigued by a series of reports that the

11 World Health Organization conducted and presented to

12 the public, perhaps several years ago, because it's

13 undated and I don't know exactly when -- I can't

14 verify the date it was authored. But they go over a

15 number of issues; definition and sources, summary of

16 health effects, progress in research. It jumps down

17 to current standards, precautionary approaches, et

18 cetera. And rather than read it entirely, I would

19 like to glean from it certain things that stood out

20 to me as far as health issues.

21 And I will say this, that since -- well,

68

1 the World Health Organization did commission a study

2 of electromagnetic fields about 1999. And

3 apparently that became the basis for worldwide

4 study. Not only were Americans concerned later on

5 about cell phone usage, but Europeans in particular,

6 Germans, some of the work that was done apparently

7 was done in Germany on some of these studies. But I

8 think the World Health Organization recognized with

9 the burgeoning of technology throughout the world

10 and the growing of third-world countries, they

11 wanted to be able to address the concerns of people,

12 you know, that they had.

13 And most of the studies that have been

14 done indicate that low level electromagnetic fields

15 generally are not harmful to people, but there are

16 cautions and the jury's still out on it. For

17 example, electric fields, it was stated earlier,

18 that run through our lines, they can be blocked by

19 walls, buildings, trees. But magnetic electric -- I

20 mean, electromagnetic fields are not blocked by

21 walls, et cetera. So the 15-foot wall that's



69

1 proposed may not really be a block at all in that

2 respect. It made hide this plant, but it's not a

3 block per se as I read what the World Health

4 Organization has put together.

5 They also indicate -- moving on. That was

6 from the section entitled definitions and sources.

7 And one of the key notes towards the end that, and I

8 would like to read that into the record reads, and I

9 quote, "Low frequency and high frequency

10 electromagnetic waves affect the human body in

11 different ways." Keep that in mind as I go forward.

12 It goes on to say in the next section, summary of

13 health affects. "Low frequency magnetic fields

14 induce circulating current within the human body.

15 The strength of these currents depends on the

16 intensity of the outside magnetic field. If

17 sufficiently large, these currents could cause

18 stimulation of nerves and muscles or affect other

19 biological processes."

20 Now, one of the aspects of what they call

21 electromagnetic fields or of radio frequency fields

70

1 is that heat's generated. And apparently it's known

2 in the scientific world as -- from what I've gleaned

3 and understand, that that is one of the concerns,

4 how does heat affect the body. And I'm quoting

5 again from this section, "Scientists are also

6 investigating the possibility of the affects below

7 the threshold level for body heating occur as a

8 result of long-term exposure. To date, no adverse

9 health effects from low-level, long-term exposure to

10 radio frequency or para-frequency fields have been

11 confirmed, but scientists are actively continuing to

12 research this area." Again, the jury's still out.

13 And it goes on in the next paragraph.

14 Quote, "The body does not possess adequate

15 compensation mechanisms for all biological effects.

16 Changes that are irreversible and stress the system

17 for long periods of time may constitute a health

18 hazard." Again, quoting from that same section, "It

19 is not disputed that electromagnetic fields above

20 certain levels can trigger biological effects."

21 "In response to growing" -- quoting again,

71

1 and this is pertaining particularly to the

2 international EMF, or electromagnetic field project.

3 "In response to growing public health concerns over

4 possible health effects from exposure to an ever

5 increasing number and diversity of electromagnetic

6 field sources, in 1996, the World Health

7 Organization" -- WHO acronym -- "launched a large

8 multi-disciplinary research effort. The

9 international EMF project brings together current

10 knowledge and available resources of key

11 international and national agencies and scientific

12 institutions." Now, that may have been the birth of

13 that study, '96, and not '99. And it goes on to

14 say, "Based on a recent in-depth review of the

15 scientific literature, the WHO concluded that

16 current evidence does not confirm the existence of

17 any health consequences from exposures to low-level

18 electromagnetic fields; however, some gaps in

19 knowledge about biological effects exist and need

20 further research."

21 Going on, "A number of epidemiological

72

1 studies suggest small increases in risk of childhood

2 leukemia with exposure to low-frequency magnetic

3 fields in the home." And it goes on to say, while

4 they have not found it to be that significant -- and

5 I better quote it then. "However, scientists have

6 not generally concluded that these results indicate

7 a cause and effect relation between exposure to the

8 fields and disease. In part, this conclusion has

9 been reached because animals in laboratory studies

10 failed to demonstrate any reproducible effects that

11 are consistent with the hypothesis that fields cause

12 or promote cancer. Large-scale studies are

13 currently underway in several countries and may help

14 resolve these issues. Another area of concern is

15 hypersensitivity." And it goes on to say, "More

16 studies are continuing on the subject."

17 And I would like to quote the key points

18 in this section. Quote, "There's no doubt that

19 short term exposure to very high levels of

20 electromagnetic fields can be harmful to health.

21 Current public concern focuses on possible long-term



73

1 health effects caused by exposure to electromagnetic

2 fields at levels below those required to trigger

3 acute biological responses."

4 And then in the section entitled progress

5 and research, a key paragraph I thought was

6 important is this. Quote, "There's no convincing

7 evidence for an adverse health effect of

8 electromagnetic fields or a cause effect linked

9 between electromagnetic fields and cancers not been

10 confirmed." And what they're doing, they're quoting

11 those two sentences. "These are typical of the

12 conclusions that have been reached by expert

13 committees that have examined the issue. This

14 sounds as if science wanted to avoid giving an

15 answer. Then why should research continue if

16 scientists have already shown that there's no

17 effect? And the answer lies as simple. Human

18 health studies are very good at identifying large

19 effects such as a connection between smoking and

20 cancer. Unfortunately, they're less able to

21 distinguish a small effect from no effect at all.

74

1 If electromagnetic fields at typical environmental

2 levels was strong carcinogens, then it would have

3 been easy to have shown that by now. By contrast,

4 if low-level electromagnetic fields are a weak

5 carcinogen or even a strong carcinogen to a small

6 group of people in the larger population, that would

7 be far more difficult to demonstrate. In fact, even

8 if a large study shows no association, we can never

9 be entirely sure that there's no relationship. The

10 absence of an effect means that there really is

11 none. But just as well it could mean that the

12 effect is undetectable with our method of

13 measurement. Therefore, negative results are

14 generally less convincing than strong positive

15 ones."

16 And again it reads, quote -- and I'm

17 quoting again, all this is quoted, "The most

18 difficult situation of all, which unfortunately has

19 developed with epidemiology studies involving

20 electromagnetic fields, is a collection of studies

21 with weak positive results which however are

75

1 inconsistent among each other." And I think I've

2 made my point. It ends in that key note by saying,

3 "The absence of health effects could mean that there

4 really are none. However, it could also signify

5 that an existing effect is undetectable with present

6 methods."

7 Now, the point I've tried to make there,

8 and maybe I've overdone it in that respect, but

9 these studies are inconclusive. We don't know what

10 the long-term effects of expose -- long-term

11 exposure is to low-level electromagnetic fields.

12 And they offer some precautionary approaches. And I

13 would like to read two more sections of them, and

14 then I'll conclude that section -- or that part of

15 my testimony. "One of the objectives of the

16 international EMF project is to help national

17 authorities weigh the benefits of using

18 electromagnetic field technologies against the

19 possibility that a health risk might be discovered.

20 Furthermore, the WHO will issue recommendations on

21 protective measures if they may be needed. It will

76

1 take some years for the required research to be

2 completed, evaluated and published. In the

3 meantime, the World Health Organization has issued a

4 series of recommendations." And one of them, and I

5 would like to read that into the record is quote,

6 "Consultations with local authorities in the public

7 in siting new power lines or mobile phone based

8 stations, siting decisions are often required to

9 take into account esthetics and the public

10 sensitivities. Open communication during the

11 planning stages can help create public understanding

12 and greater acceptance of a new facility." I

13 certainly understand why Mr. Smith and DP&L has come

14 to the community and talked about these issues, but

15 the jury is still out as I say.

16 DP&L should not dictate where this plant

17 goes. Town officials and the planning department

18 should be the ones dictating it because I think that

19 you and the Town Council and the Mayor have a

20 greater, a higher responsibility to protect the

21 public interest, not to make it convenient for the



77

1 applicant.

2 And one of the other points I wanted to

3 make, you mentioned the comprehensive plan a couple

4 times in various ways. I remember the 1989

5 comprehensive plan, which was the first one that I

6 ever worked on when I was on the City Council, cited

7 that on July 4th, this town is 12 times as dense

8 as either Annapolis or Washington, D.C., on any

9 given day. And that statistic stuck with me for

10 years. Granted we have a large population of

11 service and DP&L does a great job in my judgment

12 servicing the public. But we have a lot of people

13 packed into this town that could have adverse

14 effects in an area if they're here for some extended

15 time.

16 When I went down to City Hall, and I asked

17 Blaine if there was a time limit. Give me this

18 signal if I'm overstaying my welcome. But I

19 found --

20 MS. BUCKLEY: We'll give you another 30

21 seconds.

78

1 MR. GISRIEL: Are you serious?

2 MS. BUCKLEY: Uh-huh.

3 MR. GISRIEL: Well, then I'm going to

4 skip over the things I found in the plan.

5 But I sold real estate from 1972 to '82.

6 I worked as an assessor in four counties in this

7 state for 28 years. I acquired an appraisal

8 license, a certified residential in 1984, and I

9 still maintain it. In my professional judgment --

10 I've done no appraisal of this situation. But in my

11 professional opinion, the putting of this plant

12 where it's proposed will have a tremendously

13 negative effect on property values. And what

14 affects part of Caine Woods affects all of it. And

15 I think that if they build this as proposed, it will

16 look like a prison at worst and a big box store at

17 best. And I strongly oppose the project. And I

18 would like to come back for a series of questions

19 when that time comes.

20 MS. BUCKLEY: I have one question for

21 you. On all the things that you were reading from,

79

1 those were, like, 13 to 16 years old. That --you

2 say it was --

3 MR. GISRIEL: I honestly don't know. I

4 tried to find a date and I tried to find other

5 updated information. Some of this data could be

6 that old. I admit readily.

7 MS. TAYLOR: You said 1996, 1999.

8 MR. GISRIEL: That's when they

9 commissioned the studies.

10 MS. BUCKLEY: Did they have anything

11 that stated what their low levels were, or they just

12 stated low levels?

13 MR. GISRIEL: No. They just described

14 it as low level.

15 MS. BUCKLEY: But they didn't give any

16 numbers?

17 MR. GISRIEL: No, not that I saw.

18 MS. BUCKLEY: Thank you very much.

19 Okay. Step right on up.

20 (Whereupon, Ms. Moulton was sworn in.)

21 MS. MOULTON: Yes.

80


2 address.

3 MS. MOULTON: Donna Moulton, 206,

4 138th.

5 I'm not sure how this process works, so

6 I'm not to ask questions, just to give --

7 MS. BUCKLEY: Well, technically we try

8 to take all the testimony because sometimes your

9 question will be answered by someone's testimony.

10 So we're taking testimony now either for or against

11 the applicant. And then we'll have a question and

12 answer period.

13 MS. MOULTON: I had some exhibits for

14 you if you want to follow. Many of them follow

15 exactly what your presentation was. So I don't know

16 if you want me to give these to you now or

17 afterwards.

18 MS. BUCKLEY: Do you want to take them

19 and we'll just take a look at them and see. We'll

20 let the attorney decide. Yes, ma'am.

21 MS. MOULTON: Start?



81

1 MS. BUCKLEY: Please start.

2 MS. MOULTON: Well, I'll start with -- I

3 don't know if you want to show this up here. I

4 think probably it would be the best.

5 MS. BUCKLEY: What are we discussing?

6 MS. MOULTON: The milligauss that

7 Mr. Smith presented. He put up a --

8 MS. BUCKLEY: That one?

9 MS. MOULTON: That one. Okay. But now

10 I got mine, too, which is in your thing.

11 MS. BUCKLEY: We can only show one at a

12 time.

13 MS. MOULTON: Where do I put this so you

14 can see this?

15 Now, Delmarva Power wrote a letter on

16 July 6th to -- I really don't know who because it

17 didn't tell us who it went to. I got it. In that

18 letter, he put the attachments, one of them being

19 this milligauss. If you notice right here it says

20 calculated, not actual. They're taking a guess.

21 I had -- when I bought in '98, the

82

1 previous owner supplied me with this one there.

2 These are actual readings taken of where they say

3 they are, but they're all towards my side of the

4 house. I live on the north side of the substation.


6 MS. MOULTON: And these are the actual

7 readings taken in '97.

8 When all this came about last year, I

9 asked Delmarva Power to come out and take more

10 readings. So December 16th, they took these

11 readings which pretty much, as far as location,

12 match what was done in '97. But as you can see,

13 everything went higher, much higher, particularly to

14 the northwest of which there is a home located

15 there. They have a 38.5 read. That was in

16 December. This was just a one-shot deal that they

17 took. These are estimated down here, they're

18 calculated. They don't say where. They're just

19 saying on the north, the west, the east, and the

20 south. These readings are specific. I believe that

21 we should have specific readings taken again so we

83

1 know what we are starting with today. And more than

2 just north, south, east and west because as you can

3 see by these previous ones, there's a big variation

4 of readings depending on where they stand.

5 MS. BUCKLEY: Understood.

6 MS. MOULTON: As far as EMFs, I agree

7 with the previous speaker. There's many places you

8 can go on the Internet and find conflicting

9 information.

10 Before I go to that, back to these

11 readings. At the Elks Club, I spoke to an outside

12 contractor that Delmarva Power brought, and he told

13 me they had brought -- he had taken ten readings

14 around the substation of EMF. He said he would give

15 them to Mr. Smith to give to me. I asked on

16 February 16th, the 29th, the 19th of March and

17 June 20th for these readings. I haven't gotten

18 them yet. He has replied to all those requests, but

19 no readings.

20 He also has stated that there was a

21 30-day -- that they would supply things within 30

84

1 days of this hearing. The first that was ever

2 mentioned was on July 6th. It was never mentioned

3 at the Elks Club. And on all these requests in

4 February, March and June, Mr. Smith never said, "I

5 told you I would give them to you within 30 days of

6 this hearing." You never said that in these emails.

7 So your 30-day limit is a new restriction you gave

8 us.

9 Now to EMFs. The national average of

10 exposure to EMFs is one milligram -- one

11 milligauss -- I'm sorry. Too many pills -- mG.

12 Milligauss in 48 hours. That's in the PEPCO

13 holdings brochure as well as other places of which I

14 have a copy of here if somebody wants to see it.

15 How do you meet this? None of these

16 readings that are actual, not your calculated, are

17 even close to one milligauss. And again, these

18 actuals are just -- they took it for this second.

19 This is not a 48-hour reading that we are being

20 exposed to. Take these figures and do the math over

21 48 hours.



85

1 As of December 11th, our average at one

2 point in time is ten milligauss with a high of 38.5.

3 The lowest is 1.5. Again, this is not a 48-hour

4 reading. This is just a one-time reading.

5 The proposed new station, they're

6 something it's going to add 40 more to these. They

7 did say that -- he did say that in the letter even

8 though this doesn't reflect that.

9 And to follow-up on yours, the National

10 Institutes of Environmental Health Sciences suggest

11 the power industry continue current practices of

12 placing power lines to reduce exposure and continue

13 to explore ways to reduce through creation of

14 magnetic fields, which is basically what he just

15 said.

16 In your presentation tonight you gave

17 figures of how much milligauss was safe. And you

18 stated walks or drives by it's safe. What about

19 living under it 24 hours? I don't walk by it. I

20 don't drive by it.

21 You stated 2,000 or even 9,000 milligauss.

86

1 I have a report from the same commission that you

2 are quoting that says it should be 1,000 milligauss

3 in 24 hours, which I have that if somebody wants to

4 see it.

5 To go to the health risks that he brought

6 up, my research shows increased risk for childhood

7 leukemia, brain cancer, breast cancer, miscarriage

8 when you are exposed to higher than standard EMFs.

9 As the EMFs go up, the risk goes up exponentially.

10 Now we go to noise. The sound levels were

11 taken on March 10th as he said. That is a

12 Saturday at 12 midnight and 8:00 in the morning. In

13 March, we don't have traffic in Ocean City,

14 especially at midnight or 8:00. 137th and 138th

15 are not through streets, so they don't even really

16 get traffic in the summer let alone March. He says

17 traffic, ocean breezes and surf noises were the

18 ambient sound. I think he's grasping at straws.

19 According to his figures, on the north

20 side, my side, at night, the decibel reading was 51.

21 At 8:00 a.m. it was 53. His calculations of the

87

1 existing transformer noise is 40 decibels. That

2 means 12 were surf and ocean breezes.

3 MS. BUCKLEY: He also said residential

4 heat pumps, that was in that as well. And they do

5 create quite a bit of ambient noise.

6 MS. MOULTON: But out of 50 -- an

7 average of 52 on my side, and his estimate for what

8 the current equipment puts out is 40.

9 MS. BUCKLEY: Right.

10 MS. MOULTON: That still only leaves 12.

11 On the west side, it was 54 at night, 52

12 in the morning, calculations for existing noise

13 Powers's calculations are 46. That means only seven

14 decibels that night were ocean breezes and heat

15 pumps and whatever else. So my math says 77 to

16 87 percent of the noise on that given day was from

17 the substation, not from ambient noise.

18 They have listed all the new equipment

19 that is going to create additional noise. They

20 stated that the added decibels from the new SVC will

21 be 40 decibels or less to the north and west. Forty

88

1 and 50, we're coming up with 90 decibels when the

2 new equipment is in. And you can take out the 12

3 ambient noise.

4 I have read in the local papers that you

5 have a 50-foot boardwalk noise restriction. I don't

6 know what that noise restriction is or if that's by

7 decibels.

8 MS. BUCKLEY: Our noise ordinance in

9 town is by from the lot line, and how it's read is

10 in decibels, yes.

11 MS. MOULTON: Do we know what those

12 decibels are for the boardwalk?

13 MS. BUCKLEY: Mr. Smith -- Mr. Blaine

14 Smith can give us those I believe.

15 MR. SMITH: A recent regulation for

16 noise control on the boardwalk was to be taken

17 30 feet in front of the establishment, which was the

18 width of the boardwalk on the east side, and if it

19 measured more than the prescribed 55 at night and 65

20 daytime, it would have to be turned down. So it was

21 with a 30-foot distance from the establishment.



89

1 MS. MOULTON: What were the numbers

2 again, Blaine? I'm sorry.

3 MR. SMITH: You had the 30-foot width of

4 the boardwalk.

5 MS. MOULTON: No. The decibels.

6 MR. SMITH: I believe at nighttime if it

7 measured more than 55 at night, they would have to

8 turn it down,and daytime was 65, and you would have

9 to bring it down to those levels directly in front

10 of those stores.

11 MS. BUCKLEY: That's 30 feet away from

12 the store.

13 MR. SMITH: Yes.

14 MS. BUCKLEY: Okay. Peck has a

15 question.

16 MR. MILLER: Blaine, concerning those

17 decibels, Delmarva Power has to stay within the 55

18 and 65 for this new project also, correct?

19 MR. SMITH: Because of the residential

20 district, yes.

21 MR. MILLER: Right. So they'll be below

90

1 those levels, ma'am, otherwise they won't be allowed

2 to operate.

3 MS. MOULTON: No, they won't be below

4 them. They already took readings that are 50 --

5 MS. BUCKLEY: Well, they're going to

6 have to go halfway into the -- they're going to have

7 to go to the mid street because -- well, your

8 streets are 70 feet which are extremely wide. So

9 30 feet would take you almost to the middle of the

10 street to take the reading.

11 MS. MOULTON: Okay.

12 MS. BUCKLEY: I'm not sure where these

13 readings were taken.

14 MR. SMITH: I think she's inadvertently

15 adding them together. It's a total number. It's

16 not --

17 MR. MILLER: I understand that. But

18 that's what I'm saying. What I'm just saying is

19 Delmarva Power is going to have to comply to town of

20 Ocean City noise ordinance no matter what.

21 MS. BUCKLEY: Right. They will not --

91

1 MR. MILLER: If they're not complying,

2 they won't be operating.

3 MS. BUCKLEY: They will not be over 65

4 decibels during the daytime, nor will they be over

5 55 during the night.

6 MS. TAYLOR: Well, that's boardwalk.

7 That's residential.

8 MS. BUCKLEY: Yeah. Residential is even

9 less than that.

10 MS. MOULTON: And what is residential?

11 MR. MILLER: Actually, it's the same.

12 MS. BUCKLEY: I think they're the same,

13 aren't they?

14 MR. MILLER: Yes. It's the same.

15 MS. BUCKLEY: Yes. It's the same. I'm

16 sorry.

17 MS. MOULTON: Fifty-five, 65?

18 MR. MILLER: Yes.

19 MS. BUCKLEY: Correct. So they will not

20 be --

21 MS. MOULTON: But we're already at 52 at

92

1 midnight.

2 MS. BUCKLEY: Well, it's not over 55.

3 MS. MOULTON: No, it isn't, but we

4 haven't added the other half.

5 MS. BUCKLEY: Well, then they have to

6 take measures to -- and here again, I don't think it

7 can -- it will necessarily be a -- what's the word

8 I'm trying to -- a cumulative idea. It will be what

9 it is together. They'll be operating some systems

10 at one time, some at another probably, but they will

11 not be over those decibel levels, 55 night and 65

12 during the day.

13 MS. MOULTON: I gave all my exhibits

14 out. Can I get one back?


16 MR. SMITH: If I could just clarify for

17 the record, the 30 day she's talking about, we were

18 asked at that meeting by Councilman Cymek and

19 Councilman Knight to send the information out 30

20 days before the hearing, so we did. That was what

21 we had agreed to do at their request. So I'm not



93

1 sure -- I don't see the penalty. We were trying to

2 get the information out so people would have time to

3 look at it.

4 And I think we're misconstruing the sound

5 study. You're not adding the two together. The

6 sound study is the total numbers that it will

7 project.

8 MR. MILLER: And you do realize you have

9 to comply with the town noise ordinance?

10 MR. SMITH: That's why we did the sound

11 study.

12 MS. BUCKLEY: Anything else?

13 MS. MOULTON: This is your letter. The

14 manufacturer of the SVC equipment has equipment --

15 has completed a sound study of the expanded

16 substation to show under worse case the sound levels

17 can be expected in the surrounding areas to be 42 or

18 less.

19 MS. BUCKLEY: Right. That's --

20 MS. MOULTON: We're at 50, but what if

21 it's 40? What's less?

94

1 MS. BUCKLEY: Ms. Moulton, let me

2 explain something. It's not -- right now you're at

3 52.

4 MS. MOULTON: Right.

5 MS. BUCKLEY: It's going to be 40, 42

6 after the completion of the project for the entire

7 substation. The new equipment that they're using

8 has got many different types of sound deadening

9 things on it, you know, for lower sound. So it's

10 going to be actually -- it's going to be quieter

11 than it is now according to that study.

12 Now, we still have -- what do you have,

13 17 -- no. For the nighttime you would have

14 13 decibels lower than what is the ordinance. So 55

15 is what the ordinance is at nighttime. The study,

16 they're calculating the total substation decibels at

17 between 40, 42. So it's going to be under the --

18 right now that's what they're -- it has to be. But

19 you don't add the 40 to the 50 because they're two

20 separate things.

21 MS. MOULTON: Okay.

95


2 MS. TAYLOR: And the wall will be

3 absorbing some of the sound.

4 MS. MOULTON: I'm sorry?

5 MS. TAYLOR: The wall will be absorbing

6 some of the sound. You don't have a wall now and --

7 MS. MOULTON: I understand that. I'm

8 just reading his letter, and the way I read it, it

9 was, we did this at 50, we calculated the new

10 substation to be 40. To me, you add them.

11 MS. BUCKLEY: No, because it would be

12 the whole thing.

13 MS. MOULTON: Even the existing. Were

14 the cooling fans that are there running? I don't

15 know. But I can tell you the cooling fans are by

16 far the loudest thing there, of which you've got a

17 bad bearing in one right now.

18 MS. BUCKLEY: Well --

19 MS. MOULTON: And we're going to have

20 cooling fans on the other side.

21 MS. BUCKLEY: Right. The only thing I

96

1 can say is, it would be the -- if the wall would put

2 in some -- you know, would absorb some of the noise.

3 Maybe we can use the ones that they use on the

4 highways, you know, that concrete thing that are

5 built for noise absorption. I don't know. But they

6 have to be under 55 and 65, period.

7 MS. MOULTON: What if they aren't?

8 MS. BUCKLEY: Then they shut down.

9 MS. MOULTON: That's a question, right?

10 MR. MILLER: Well, town enforcement

11 takes care of that. That's not a zoning issue.

12 MS. BUCKLEY: No. They're not going

13 to -- you know, they have to take precautions, or

14 they have to downsize, whatever they would need to

15 do.

16 MS. MOULTON: Do we need to address that

17 issue tonight or -- as far as I'm concerned it

18 should be cleared up tonight. But I don't know if

19 this moment is the time or later.

20 MS. BUCKLEY: I don't believe this

21 moment is the time because that's an enforcement



97

1 issue.

2 MS. MOULTON: I think that's it on the

3 EMFs and the noise levels. Someone else had

4 something.

5 MS. BUCKLEY: Anybody have any

6 questions? Thank you, Ms. Moulton. Yes, sir.

7 (Whereupon, Mr. Hanson was sworn in.)

8 MR. HANSON: I do.


10 address.

11 MR. HANSON: Richard Hanson, 201 139th

12 Street, Ocean City, Maryland. My wife and I are a

13 13-year permanent resident of Ocean City.

14 We just want to get on the record that we

15 are opposed to the expansion of the substation.

16 I have a lot of the same information that

17 Vince gave and that Donna just gave. So I'm not

18 going to bore you with more scientific data.

19 Basically we are concerned about the

20 health issues, as all of you would be if your home

21 was in, you know, the proximity of the substation.

98

1 And we would like to get the EMF issue cleared up

2 and make sure that we do have a base to go on that

3 we know exactly what the EMFs are. I don't think

4 that what we've been given is the correct

5 information.

6 Now, I don't know whether Zoning and

7 Planning needs to do a separate study apart from the

8 power company to come up with what would be the

9 base, but something has to be done about that.

10 And then I would like to see going forward

11 that we that are living in the proximity would be

12 given an annual report on those EMFs because things

13 can change. I don't know whether that comes under

14 enforcement, as Peck said, but, you know, that would

15 be something going forward I would like to see.

16 Also, as far as the wall and the

17 shrubbery, another area that, you know, if this

18 thing is going to go forward, I would like to see

19 that policed a little bit better than some of the

20 substations have been taken care of in the past.

21 Again, I guess that comes under enforcement.

99


2 MR. HANSON: And we would like to see

3 some guarantees from either the city or the power

4 company that we're not going to have health problems

5 15, 20 years from now. I am hoping I live that

6 long. But those are things that we would like to

7 have. And if we can't do that, you know, if we have

8 to err, I would rather err putting the thing on

9 100th Street, even though it's going to cost

10 additional money, I think health is more important

11 than money. And I think that should have been

12 discussed before they paid the exorbitant amount of

13 money that they paid for the homes. The homes were

14 bought way over market value. Some of you are in

15 real estate, and I think you know what I mean.

16 Homes that were bought in foreclosure were given a

17 million dollars for. That doesn't sound like a

18 sound business practice to me. It sounds like

19 pushing people out to make something done the way

20 they want it.

21 We had asked that this be postponed

100

1 tonight. I'm happy to see that we do have many

2 residents from Caine Woods here. But the president

3 of our community association asked that it be

4 canceled because this is National Night Out, and we

5 probably would have a lot more people here at the

6 hearing. But for some reason, it couldn't be

7 canceled because that would delay implementation of

8 getting everything done which, from our standpoint,

9 feels like, is this a done deal before we even came

10 in? And that was one of the perceptions that the

11 community had when the homes were bought and torn

12 down immediately. There wasn't even an effort to

13 have those homes -- you know, we have many people

14 without homes in this world today. Those homes

15 could have been easily moved. Plenty of time to do

16 it. And I think that there are a lot of people that

17 would have paid something for those homes, too. But

18 it sounds like -- again, the perception of the

19 community was, this is a done deal. Let's get them

20 out there quick so we can get on with our business.

21 So I would hope that, you know, you can



101

1 you take all the information, which I'm sure you

2 will, from our standpoint. We obviously haven't

3 spent millions and millions of dollars in the

4 community. A lot of us have done a lot of work in

5 the community. We pay our taxes, nowhere what they

6 spend in the community, but I think we're still

7 important. And I appreciate you hearing me. Thank

8 you.

9 MS. BUCKLEY: You're certainly welcome,

10 Mr. Hanson.

11 Anyone else have any testimony for

12 tonight? Yes, sir.

13 (Whereupon, Mr. Davis was sworn in.)

14 MR. DAVIS: I do. My name is Bruce

15 Davis. I live at 310 138th Street. I'm probably

16 the closest house to the facility as it stands right

17 now. I don't know how wide Derrickson is, what,

18 35 feet?

19 MR. SMITH: Derrickson was 50.

20 MR. DAVIS: Fifty feet wide?

21 MS. BUCKLEY: Yes.

102

1 MR. SMITH: Yes.

2 MR. DAVIS: Well, I'm about 60 feet from

3 it.

4 At any rate, I just voice my concerns.

5 Noise studies have been done. EMF studies have been

6 done. I would -- what the gentleman was saying

7 about the real estate values. How about a study on

8 that? Is my property going to suffer? I think it

9 would be harder to sell my house with a larger

10 facility there now.

11 With the smaller facility, it's always

12 been there, and I knew that when I bought the house.

13 But now it's much larger, and it makes a difference,

14 and the water plant's there, too, is a negative

15 factor, but that's always been there.

16 But those four houses on the other side.

17 Wow. I loved them being there. They were kind of a

18 buffer, still made my house part of the neighborhood

19 with a small little electric facility in the middle.

20 Now they're gone without a buy your leave,

21 disappear. I didn't like that at all.

103

1 I just wanted to voice my opinion. I

2 don't like the facility expanding. It makes me feel

3 like I'm living on the boundary of an industrial

4 park rather than in a neighborhood.

5 MS. BUCKLEY: Let me ask you this. Is

6 there anything that you thought of that you would

7 rather look at than what they're proposing?

8 MR. DAVIS: Well, I see the backside of

9 it. It's not going to change much from my

10 perspective except for the wall, and I hope they do

11 a better job with the --

12 MS. BUCKLEY: Landscaping?

13 MR. DAVIS: -- landscaping because it's

14 terrible now, always has been.

15 I don't -- it's not going to change much

16 from where I am other than the wall. I guess it

17 will look better. I think it probably will end up

18 looking like a prison, but what are you going to do?

19 I don't know whether it will look better than it

20 does now or not.

21 But it's just -- I don't like the whole

104

1 facility becoming bigger. And then they can tear

2 down another house and make it even bigger. That's

3 it.

4 MS. BUCKLEY: Thank you, sir. Does

5 anyone else have any testimony for the public

6 hearing this evening?

7 All right. We're going to close testimony

8 now. And at this point we will have questions and

9 answers by the commission.

10 Does the commission have any questions

11 they would like to bring anyone up for at this

12 point?

13 The applicant, and then we'll be going to

14 the -- I think what I'm going to do is I'm going to

15 ask the audience if they have questions, and we'll

16 get those questions out of the way first.

17 So, anyone have a question of the

18 applicant? Yes, Mr. Gisriel, please step back up.

19 Just be reminded that you're still under oath.

20 MR. GISRIEL: Okay.

21 MS. BUCKLEY: Yes, sir.



105

1 MR. GISRIEL: Right. This facility, as

2 I understand it, Mr. Smith, is designed to control

3 voltage and fluctuations as you testified. If it's

4 built where you proposed, will that have an impact

5 on 85th and the Convention Center substations down

6 the line?

7 MR. SMITH: Well, the -- when we talked

8 with PJM Interconnection, it was pinpointed that the

9 location needed to be somewhere in North Ocean City.

10 And this is what seemed to be the most appropriate

11 location because it had to tap directly into the

12 existing transmission structures. And we have

13 transmissions that already run out of 138th

14 Street.

15 MR. GISRIEL: I understood that. But my

16 question is, will what you do there benefit the

17 other substations?

18 MR. SMITH: It's going to benefit all of

19 Ocean City. It is going to -- it is going to

20 control voltage.

21 MR. GISRIEL: If this improvement will

106

1 serve part of Sussex County and eastern Worcester as

2 your handout indicated, could the same thing be done

3 in a remote area next to another substation at that

4 point, either in eastern Worcester, in a rural area,

5 or Sussex County in a rural area along your route,

6 so to speak?

7 MR. SMITH: I'm not sure he's the

8 appropriate one to answer that.

9 MR. GISRIEL: Well, whoever.

10 MS. BUCKLEY: Do we have anyone here

11 that can answer that kind of question?

12 MR. SMITH: Yes. If you have another

13 question for Mr. Smith. I don't know if you want to

14 jump around.

15 MS. BUCKLEY: Right. Let's try to get

16 all for Mr. Smith, and then we'll hold that question

17 for the appropriate Delmarva personnel.

18 MR. GISRIEL: All right. Are there

19 going to be any chemicals or hazardous materials

20 stored on the site? And a side comment to that, or

21 question, will it increase any existing hazardous

107

1 materials or chemicals?

2 MR. SMITH: To my knowledge, no, but

3 we'll get clarification. We have an environmental

4 expert on our team that can speak to that.

5 MR. GISRIEL: All right. How will the

6 fire department access the facility in the event of

7 an emergency?

8 MR. SMITH: How will the fire

9 department? I guess that would probably be a

10 question for the fire department. I mean, I don't

11 know --

12 MR. GISRIEL: Well, wait a minute now.

13 MS. BUCKLEY: That will be handled

14 through the --

15 MR. GISRIEL: You have four doors. How

16 will emergency personnel access your facility in the

17 event of an emergency?

18 MS. BUCKLEY: I believe through the

19 town, that they have -- they are given -- granted

20 some sort of access code or something, access keys

21 for any type of facility like that.

108

1 MR. GISRIEL: Okay. The -- in your

2 handout, you wrote -- or quoted on page 19, "The

3 equipment is being installed as close to the ground

4 as possible rather than on elevated structures.

5 This helps not only the appearance of the station

6 but also reduces the sound leaving the site compared

7 to if the equipment were elevated on taller

8 structures."

9 I've been curious about flood issues.

10 Obviously we're all in a flood prone area. If you

11 got equipment that is essentially on the ground --

12 MR. SMITH: It's not going to be on the

13 ground. It's not going to be as high as --

14 basically, we have breakers and what we call bus

15 work out of the existing substation that you can see

16 well elevated above the fence. This equipment will

17 be lower than that. It will be below the 15-foot

18 wall. It won't be on the ground, but it just will

19 be a lower profile than some of the existing steel

20 structures that are in the existing substation.

21 MR. GISRIEL: I noticed in the plans



109

1 there were no specs on equipment showing elevation

2 or side use. Do you know the height of it off the

3 ground?

4 MR. SMITH: It will meet all applicable

5 codes. We can get the exact height off the ground

6 for you, sure.

7 MR. GISRIEL: I appreciate it.

8 MR. SMITH: It has to meet certain

9 safety criteria from our industry, and all that will

10 be met.

11 MR. GISRIEL: And this EMF issue, do you

12 know or does one of your experts know, does that

13 impact a water plant in the sense of does it affect

14 water in any way?

15 MR. SMITH: We have an EMF expert here

16 that can speak to that.

17 MR. GISRIEL: I would like to hear that.

18 And the EMF -- I heard Ms. Donna testify earlier

19 that the sound study was done on May 10th. Is

20 that an accurate statement?

21 MS. BUCKLEY: March.

110

1 MS. MOULTON: March.

2 MR. GISRIEL: I'm sorry. What did I

3 say, April? March 10.

4 MR. SMITH: Right.

5 MR. GISRIEL: When was the EMF study

6 done?

7 MR. SMITH: I think Dr. Bailey would be

8 able to testify to that.

9 MR. GISRIEL: Okay. Whoever. And I did

10 have a question of Blaine, if I may. Blaine, you

11 mentioned the '93 comprehensive plan changed the

12 existing power plant to R-1, and then the front --

13 this subject property R-2A?

14 MR. SMITH: It was already R-1, and it

15 made the subject property R-2A in 1993.

16 MR. GISRIEL: Okay. And then later on

17 when the Chairman read into the record the citation

18 for this hearing, you indicated that the conditional

19 use was reapplied by some action after '93 for the

20 existing power plant.

21 MR. SMITH: Not the existing power

111

1 plant. For the subject property. The R-2A and the

2 R-1 district in 1993 prohibited substations. And in

3 2011, the Mayor and Council created another code

4 amendment to allow substations as a conditional use

5 in the R-2A district, and that's how we got here

6 tonight.

7 MR. GISRIEL: So did it grandfather the

8 existing substation in the --

9 MR. SMITH: It's still nonconforming.

10 It's still in a nonconforming status.

11 MR. GISRIEL: So this is a use -- an

12 acceptable use if it meets the code and the criteria

13 in an R-2A?

14 MR. SMITH: Yes.

15 MR. GISRIEL: That answered my question.

16 MR. SMITH: In conjunction with the

17 existing substation.

18 MR. GISRIEL: Right. Okay. If I could

19 go back to those questions with the experts.

20 MS. BUCKLEY: Okay. We need --

21 MR. SMITH: And I think I can answer the

112

1 one question, he asked about the exact location.

2 And much of that was dictated by PJM

3 Interconnection, that it had to be in North Ocean

4 City where we have two substations above the

5 Route 90 bridge at 85th Street, or Ocean Bay

6 substation, and 138th Street. And it was found that

7 this was the most appropriate location because there

8 was the potential to expand there and tap directly

9 into the system. So that was really something that

10 was dictated by PJM that it had to be in northern

11 Ocean City for the benefit of the system.

12 MR. GISRIEL: Thank you for that answer,

13 but let me elaborate a minute. While PJM may have

14 dictated that it be there, it appears to me that

15 DP&L, in your community relations, would also

16 consider other sites north of that in remote areas,

17 be it eastern Worcester or southern Sussex. It

18 might not have the same adverse impact on the

19 community. And, you know, it just seems to me you

20 have some wiggle room there. But that's my opinion.

21 Anyway, if I could get --



113

1 MS. BUCKLEY: Okay. We need the

2 environmental for the hazard chemicals and the

3 flood.

4 MR. SMITH: Let me ask this. Are there

5 any other questions from anyone else before we --

6 rather than have everybody jump around, if we --

7 MS. BUCKLEY: Does anyone else have any

8 questions for Mr. Jim Smith? Please step forward,

9 Ms. Moulton.

10 Can we put him beside you so we've got

11 everybody up here?

12 MR. SMITH: Did you have a question,

13 Ms. Moulton?

14 MS. BUCKLEY: We need to swear in the

15 new -- where did their guy go?

16 MR. SMITH: She was asking Mr. Jim Smith

17 a question.

18 MS. BUCKLEY: Go ahead, Ms. Moulton, ask

19 Jim his question.

20 MS. MOULTON: On the blueprints, on page

21 six, it says the wall is going to be 10 feet.

114

1 MS. BUCKLEY: No. The wall is 15 feet.

2 It's going to be 10 feet back from the property

3 line.

4 MS. MOULTON: I understand that, but if

5 you look at the blueprint on page six, it says it's

6 10 feet. That's not the setback. It says the wall

7 is 10 feet.

8 MR. SMITH: If that's what it says, then

9 that's an error. It's going to be 15 feet.

10 MS. MOULTON: I'm sorry?

11 MR. SMITH: I said, if it does say

12 10 feet, it is going to be 15 feet. It is going to

13 be 15.

14 MS. BUCKLEY: We'll make that

15 correction, I mean, if this goes forward.

16 MS. MOULTON: The new lights and the

17 current lights, will they be below the fence line

18 level?

19 MR. SMITH: When Mr. Weber comes up,

20 we'll have him answer that. My hunch is they'll be

21 above the fence line level to provide light in the

115

1 substation. It will be focused in the substation

2 area, not -- we have streetlighting out on the

3 premise already.

4 MS. MOULTON: The reason I ask the

5 question is because you're adding lights, and as it

6 is now, the lights that are there, when they

7 accidentally get left on at night, they shine right

8 into my house and they are bright. That's why I was

9 hoping it will be below the fence.

10 MS. BUCKLEY: Ms. Moulton, all you need

11 to do is call that zoning administrator over there

12 and he'll come and read that light, and if that's

13 shining on your property, it's got to be changed.

14 We need to redo the lights or whatever because it's

15 not supposed to shine off their property.

16 MS. MOULTON: I'm not saying that it

17 lights up my house. I'm saying I can't look out my

18 front window because it's --

19 MR. MILLER: The enforcement officers

20 have light meters.

21 MS. BUCKLEY: Right. And with that,

116

1 there is a --

2 MR. MILLER: We have codes that are to

3 be enforced.

4 MS. BUCKLEY: That set that light --

5 MR. SMITH: I believe Mr. Smith's

6 previous testimony was, there are lights that they

7 turn on for service work, but typically that's not

8 at night. But they have them there if they have an

9 emergency.

10 MS. BUCKLEY: Right. If there's an

11 emergency where they have to come in, but if it's

12 every night --

13 MS. MOULTON: No, it's not every night.

14 I'm not saying that. I'm just saying there are

15 times that I think it accidentally gets left on.

16 That's why I was hoping that one and the new ones

17 would be below the fence line so nobody has to be

18 bothered by them.

19 Then on the blueprints there's a

20 chain-link fence that goes kind of up the middle of

21 the new addition. Why is there a chain-link fence



117

1 in there?

2 MR. SMITH: I think that's the lot line

3 you're referring to.

4 MS. MOULTON: It says chain-link on the

5 blueprint.

6 MR. MILLER: What page are you talking

7 about?

8 MS. MOULTON: It may be page three, the

9 actual -- I don't know. The one I have is, like, a

10 six pager.

11 MR. SMITH: It's the actual existing lot

12 line where there is a fence that's going to be taken

13 down.

14 MS. MOULTON: Oh, is that what you're --

15 MS. BUCKLEY: Yeah. It's the existing

16 fence.

17 MS. MOULTON: So it will be taken out?

18 MR. SMITH: I think it's a personal

19 safety fence that's going to stay there to separate

20 the --

21 MS. MOULTON: Personal safety of who?

118

1 MR. SMITH: The people working in there.

2 MS. BUCKLEY: The workers.

3 MS. MOULTON: I guess the reason I ask

4 is --

5 MR. SMITH: It's inside the wall, so you

6 won't see it.

7 MS. MOULTON: If you didn't have the

8 fence, then you would need gates on 138th.

9 Everything could be down at the water plant.

10 MR. SMITH: No.

11 MS. BUCKLEY: Okay. Well, that's a

12 design element for -- that they've come up with. So

13 we'll have to -- I think they need the access on all

14 four sides.

15 MS. MOULTON: Why? Sorry. Why?

16 MS. BUCKLEY: Well, as -- just as a

17 common person, they've got it on two sides, and not

18 on four sides, but on the two sides, and it would

19 seem to me that -- that to make it a workable site

20 if you're bringing in equipment and this, that and

21 the other.

119

1 MS. MOULTON: I understand why they need

2 them --

3 MS. BUCKLEY: Emergency.

4 MS. MOULTON: On both sides now because

5 they can't access the north end from the south end.

6 But with the new addition, if there is no chain-link

7 fence, you can access the whole place from the side.

8 MS. BUCKLEY: Well, I'm not going to

9 argue with them on their safety. I'm not a safety

10 expert. If they say they need it for safety and

11 it's inside the perimeter, then that is --

12 MS. MOULTON: I agree if it's a safety

13 issue, that's why I asked why it is there.

14 MS. BUCKLEY: It's a safety issue.

15 MS. MOULTON: Okay. The sidewalks. As

16 it is today, they don't meet ADA requirements by any

17 stretch of the means, 137th and 138th. We can't

18 even use them if you're able bodied. While if

19 you're doing reconstruction can you do something

20 about those sidewalks so that people can actually

21 use them?

120

1 MR. SMITH: That's really a question for

2 Terry McGean, the city engineer, not --

3 MS. MOULTON: It's your stuff that's in

4 the sidewalks.

5 MR. SMITH: It's the city sidewalk.

6 MS. MOULTON: Okay. Whoever I have to

7 ask that question to, I'm asking.

8 MS. BUCKLEY: The city is already doing

9 that. They're changing the sidewalks all up and

10 down town to make them ADA accessible. They

11 probably just haven't gotten to yours yet.

12 MS. MOULTON: All right. I didn't know

13 whose issue that was. It's -- all the light poles

14 are in the sidewalks.

15 MS. BUCKLEY: That's something that the

16 city -- that's a city engineering issue. It's not

17 their particular issue.

18 I just need to make a new statement. It

19 appears we're bringing in some new testimony. I'm

20 going to allow it for a while unless it gets too

21 over the top. But we did close the testimony, but



121

1 I'm going to accept this and the one with the new

2 Delmarva Power team member to take care of that one

3 question.

4 So do you have any other questions for

5 Mr. Smith?

6 MS. MOULTON: Yes. In November and

7 January, another correspondence, the SVC for --

8 stated is to be for voltage fluctuations during high

9 times of usage. The attachment on July 6th says,

10 "At peak loading time the SVC will be in full

11 operation," which to me means high load, to me

12 that's what that means. But later on it says,

13 "During average loading conditions, the magnetic

14 field levels in this area are expected to double

15 since they will be active." You give conflicting --

16 you say during high and during average. When will

17 it run?

18 MR. SMITH: Well, as I've stated in the

19 testimony, the equipment will run at a variety of

20 times. The static var compensator, there are

21 various components that I pointed out. The ones on

122

1 the south end of the property are reactors, they

2 help us decrease voltage. The inductors and

3 capacitors on the north side of it north of that

4 help us increase it at times because we have such

5 full fluctuations. So there's a little bit of both

6 that goes on, quite frankly, in both summer and

7 wintertime from a voltage standpoint.

8 MS. MOULTON: But your attachment says,

9 "For limited times during the year when peak loading

10 occurs" -- which that would mean the output -- "it

11 would only run during limited times." The output's

12 going to be higher during average. This is what I'm

13 getting at. The output of this new unit is going to

14 be higher during average usage. And we have through

15 the course of the year very little peak usage.

16 MR. SMITH: Well, we have certainly peak

17 usage in the summertime. By its name, the

18 compensators sometimes will have to work hard during

19 the off-season to stabilize voltage, and that could

20 increase the levels that you're referring to.

21 MS. MOULTON: And that's considered peak

123

1 usage when they're compensating?

2 MR. SMITH: Well, peak usage, peak

3 demand tends to be during the summertime. But the

4 equipment could operate during the off-season,

5 during the wintertime when demand isn't as high to

6 stabilize voltage.

7 MS. MOULTON: Okay. I think that's it

8 for now. Do we get to come back?

9 MS. BUCKLEY: No. That's it.

10 MS. MOULTON: This is it?

11 MS. BUCKLEY: Yes. I'll even give you

12 another ten seconds.

13 MS. MOULTON: Ten?

14 MS. BUCKLEY: Well, it's quarter of

15 10:00, and we need to move this along to get all the

16 people -- give everyone a chance.

17 MS. MOULTON: I would like to go along

18 with Mr. Hanson. If the EMFs are safe and they are

19 not a concern to our health --

20 MS. BUCKLEY: Ma'am, we're not -- you've

21 already made your testimony. We just ask you to ask

124

1 questions.

2 MS. MOULTON: I'm sorry. I didn't know

3 how this worked, so I didn't say everything that I

4 should have said back then.

5 MS. BUCKLEY: Make your statement,

6 please.

7 MS. MOULTON: I would like to request

8 that if this goes ahead, that because of our

9 property values, as a homeowner, I can't sell my

10 home without disclosing problems, known problems. I

11 would like to have a letter that states that this

12 new facility will not be a health problem, so when I

13 want to sell the house, I can present that and I am

14 not liable for that part of my house.

15 MS. BUCKLEY: Well, I think if the World

16 Health Center can't tell us that it's not, I don't

17 know if we're going to be able as a town or as a

18 Delmarva power plant.

19 MS. MOULTON: I didn't ask for the town.

20 I asked for them to give me a letter that I can give

21 to the next buyer that says --



125

1 MS. BUCKLEY: We'll put it in the

2 testimony, then. We'll just see what we can do with

3 that. I'm not sure.

4 MS. MOULTON: And again, it's not a

5 question. You might ask, why did I buy there? Yes,

6 the power plant was there. But I had known readings

7 that the previous -- that the seller that I bought

8 from gave to me. I was comfortable with those

9 readings. They were manageable.

10 I could hear the noise. That was okay.

11 I could buy insurance for the perils of

12 living by the ocean to cover my house. Today you're

13 my insurance for everything else.

14 I don't know what the EMF readings are

15 going to be. I don't know what the noise is going

16 to be.

17 I didn't know when I bought the house that

18 the lot would be rezoned and turned in an industrial

19 complex. I thought it was a residential area. So

20 I'm just saying as of today, you're my insurance

21 that I can't buy through State Farm or whoever

126

1 regarding EMF and noise here because once you tell

2 them okay and the switch is flipped, there's no

3 turning back for me or anybody else in the

4 neighborhood.

5 MS. BUCKLEY: Okay. I understand.

6 MS. MOULTON: Thank you.

7 MS. BUCKLEY: You're welcome. Let's

8 bring up --

9 MR. SMITH: Call briefly Dr. Bailey who

10 is the --

11 MS. BUCKLEY: We'll swear him in and

12 take his testimony. We're going to swear you in.

13 (Whereupon, Dr. Bailey was sworn in.)

14 DR. BAILEY: I do. My name is William

15 H. Bailey, and my address is 17000 Science Drive,

16 Bowie, Maryland.

17 BY MR. SMITH:

18 Q Dr. Bailey, just for the record, you are

19 an expert in EMF; is that correct?

20 A Yes. I've been involved in bio

21 electromagnetic research for the past 30 years. I

127

1 am a principal scientist in the exposure sciences

2 group at Exponent, and I'm also a visiting scientist

3 at the Cornell University Medical School. And

4 because of my background and expertise, I've been an

5 advisor to numerous national and international

6 health agencies on the topic of EMF. These include

7 the National Institute of Health, the National

8 Institute of Environmental Health Sciences, various

9 state agencies, the Maryland Public Service

10 Commission, the Maryland Department of Natural

11 Resources, the State of Vermont and other state

12 agencies, and I've also been a consultant to the

13 World Health Organization.

14 Q Okay. And I'm just going -- for the

15 record, we're going to submit your curriculum vitae

16 as an exhibit for the board's perusal. And in your

17 capacity as an expert, you've been involved with

18 Delmarva Power in working with them to design and

19 implement the upgrades to this substation?

20 A I was asked to update Delmarva Power on

21 the status of EMF research. And our engineers

128

1 provided information to the company in various ways

2 to assist them in their latest design of the

3 substation.

4 Q And in doing so, you helped compile the

5 report -- the EMF report that we submitted today and

6 the information that was provided in the PowerPoint?

7 A That's correct.

8 Q And could you address the board as to the

9 issues that have been raised in the EMF readings and

10 the safety of the system?

11 A Certainly. Perhaps for the record, it may

12 be helpful if I just go in the same order that

13 comments were offered to you in testimony.

14 We -- first of all, I just want to comment

15 that I don't think anyone here in the audience who

16 has questions should feel at all bashful about being

17 here and asking questions.


19 DR. BAILEY: I myself, if I had not been

20 involved in research in this topic for the last 30

21 years and I lived in this neighborhood, I very well



129

1 might be here myself asking questions and trying to

2 find out more information.

3 But the science of EMF is very complicated

4 and technical, and a lot of the information which is

5 readily available on the Internet, as some cases

6 you've already heard about tonight, is not easily

7 decipherable or understandable to people without

8 technical background.

9 The first comment had to do with the

10 exposures to magnetic fields from the station in the

11 surrounding neighborhood, and the comment was made

12 about workers at the Elks Club and the water

13 facility. The statements that were made in the

14 materials submitted apply throughout the entire

15 area, and while the field levels may be a little bit

16 higher on some sides of the substation than others,

17 that does not mean that the levels anywhere in the

18 neighborhood or around the substation are even close

19 to the international standards that were referenced

20 in the document. And I can come back to that a

21 little bit later.

130

1 A report was referenced that appeared to

2 be from the World Health Organization, date unknown.

3 I would point out that one can go to the World

4 Health Organization's website at any time, and they

5 have fact sheets in various languages, and they also

6 have a major report they did in 2007, and that is

7 the most comprehensive report that has been done by

8 a panel of scientists on this topic in recent years.

9 And since then there have been other reports by

10 other health agencies, the Health Council of the

11 Netherlands, the European Commission, which have by

12 and large confirmed the conclusions of the World

13 Health Agency. Another thing that I think -- and I

14 will come back to their conclusions in a minute.

15 One confusion that comes up, it was a

16 confusion that the term EMF as it is used can

17 sometimes be applied by members of the public to

18 fields that are produced by very different sources.

19 So EMF can be applied to the fields of the earth

20 itself, it can be applied to fields from appliances

21 and substations, it can be applied to radar and cell

131

1 phones. To scientists these are quite different

2 fields. They have very different frequencies. The

3 radio frequency fields from a cell phone for

4 instance oscillate millions to billions of times per

5 second, while the fields from our home appliances

6 oscillate 60 times per second. Because of this

7 difference in frequency, they have very different

8 interactions with objects and organisms. And so

9 electric and magnetic fields at levels that present

10 in the environment or even in the workplace of

11 Delmarva employees cannot heat tissues or organisms.

12 That capability is characteristic of radio frequency

13 fields. So that's why you have your microwave oven

14 producing radio frequency fields that vibrate water

15 molecules in the food and cause heating. You cannot

16 put steak out underneath a power line or next to the

17 substation and expect to measure any change in

18 temperature. So you have to keep these different

19 fields separate, and they're evaluated separately,

20 and the reports by the World Health Organization and

21 other health agencies deal with these fields quite

132

1 differently.

2 The other thing that I would point out is

3 that it was accurately stated that there are these

4 statistical studies that have reported associations

5 between various types of cancer, health effects and

6 exposures to magnetic fields. Research has been

7 going on for the past 30 years to address these

8 questions, and all of these questions by and large

9 have been addressed with the exception of one

10 particular disease and that is childhood leukemia.

11 The origins of childhood leukemia are not known.

12 Unfortunately it is a very rare disease. It has

13 been reported in a number of studies but not

14 consistently, as was noted in the testimony, that

15 there is this association. But you have to

16 recognize that it's -- a statistical association

17 does not necessarily represent a causal

18 relationship. If the college board scores in the

19 surrounding community are higher than the ones in my

20 community, that does not mean that if I move my

21 child into that community that I'm going to increase



133

1 their college board scores by a hundred points. So

2 understanding epidemiology studies and statistical

3 associations is very complicated. The World Health

4 Organization has spent decades looking at this. And

5 they don't look just at that, but they also look at

6 studies in -- of other types. And the safety of all

7 our drugs and medicines are determined by and large

8 not by epidemiology studies, but by studies in

9 humans and animals. These experimental studies have

10 the advantage of being able to determine cause and

11 effect relationships.

12 So we have studies that the World Health

13 Organization has considered in their reviews in

14 which animals have been exposed over their entire

15 lifetime to levels that are up to 50,000 times

16 higher than the average level that we find in our

17 homes. At the end of their lifetime, the scientists

18 examined all the tissues of the body and they did

19 not find excess cancer in any of these tissues of

20 the animals that had lifetime exposure to magnetic

21 fields. These studies have been done in Japan, in

134

1 the United States and Canada, and they've all come

2 to the same conclusion that despite a wide range of

3 exposures ranging from as low as 20 milligauss to as

4 high as 50,000 milligauss, there's no excess of

5 cancer in animals with lifelong exposures.

6 Also we've been looking for potential

7 mechanisms that might explain how biological fields

8 could have and how magnetic fields could have

9 biological effects at low intensities, but this has

10 been difficult to do for levels below a thousand

11 milligauss. And we do not have any mechanism that

12 has been confirmed that would explain how levels in

13 the range we're talking about around the substation

14 could have adverse effects or even any biological

15 effect.

16 It was -- there was some confusion about

17 the readings in Ms. Moulton's comments that I would

18 like to address. The table was presented -- she was

19 correct -- presented calculated values because these

20 facilities have not yet been constructed, so we

21 cannot take measurements on facilities that don't

135

1 yet exist.

2 The calculated values take into account

3 the current flowing, the alignment of all the

4 components, and calculate what the magnetic field

5 levels are at various places around the proposed

6 substation. By and large these measurements, these

7 calculations show that the equipment in the

8 substation itself is not going to be a major

9 contributor to fields around the substation. Why is

10 this not unexpected? There's even an IEEE standard

11 which points out that the major fields of --

12 electric or magnetic fields that are measured around

13 substations are not due to the equipment per se, the

14 equipment within the substation. Where you observe

15 elevated levels, it has to do with the lines coming

16 in and going out of the substation. Those lines are

17 not changing as a result of the installation of the

18 static var compensator. Those sources exist and

19 will continue to be sources in the future just as

20 they are today. So what that table is presenting

21 is, what is the contribution of the new equipment

136

1 going into the substation? As you saw from that

2 table, the contributions from the equipment going

3 into the substation are quite small for most of the

4 conditions.

5 The other thing to recognize that when

6 we're talking about values at average loading, we're

7 talking about the typical value that would apply

8 during most of the year. There could be times

9 either due to very high load demand or, as testimony

10 was given from the company, low demand when this

11 equipment would have to operate to sort of stabilize

12 the voltage, and so you'll get some variation in

13 those they identified with the peak loading values.

14 With regard to issues about health, I

15 think that the entire view of the World Health

16 Organization should be considered. The latest

17 version, there is a -- it's a three and a half page

18 summary fact sheet which is available on the web

19 that summarizes the conclusions of that report. And

20 that report, again, as was stated several times but

21 not emphasized enough, they have not found that



137

1 exposures to electric and magnetic fields at levels

2 that we find in our environment, whether they're

3 produced by appliances in our home or from the

4 proposed or existing substation, cause adverse

5 effects in health. The World Health Organization

6 recommends standards like the International

7 Commission on non-ionizing radiation standards and

8 the IEEE standards. It was stated by Ms. Moulton

9 that that standard was a thousand milligauss and the

10 company had stated the value was 2,000 milligauss.

11 In Europe, for 50 hertz of facilities which operate

12 in a slightly different frequency than what we have

13 here in the United States, up until 2010, the

14 standard was a thousand milligauss. And based upon

15 the latest research, that organization increased the

16 limit for general public exposure from 1,000 to

17 2,000 milligauss. And if you compute that at 60

18 hertz, it's still 2,000 milligauss.

19 So if you go to the WHO website, they will

20 tell you what their conclusions are. They recommend

21 the adoption that countries adopt these

138

1 international standards. And they state that

2 research is continuing to address any gaps there may

3 be in the research. But based upon the research

4 that's been evaluated over the past 40 years, we

5 have not concluded that electric and magnetic fields

6 at levels we encounter are hazardous to our health.

7 The levels that are even double this are allowable

8 for workers. And the reason why we're confident

9 that these exposures provide a level of protection

10 as explained by the World Health Organization is we

11 don't set the standards at a level just barely to be

12 protective.

13 First of all, we examine all of the

14 research and then determine what is the adverse

15 effect that occurs at the lowest level exposure.

16 These standards then set the exposure limits for

17 workers 50 times below that level, and for the

18 general public, well below that which is allowable

19 for workers. And even at levels that are a hundred

20 thousand times higher than what we have in our

21 homes, the adverse effect which is being protected

139

1 against is a protection of a visual sensation in the

2 eye. At very high magnetic field levels, it can

3 induce voltages in the eye which stimulate the photo

4 receptors and produce a visual sensation. You can

5 reproduce this by closing your eye and pressing

6 against your eyelid, and that is exactly the same

7 sensation that is produced by very, very strong

8 magnetic fields. You cannot produce a magnetic

9 field that strong even inside a magnetic resonance

10 imaging device. So this is an effect that occurs at

11 extremely high levels, but it has no relevance to

12 the levels that we encounter in our everyday life.

13 I think it's important in closing, and I

14 would be happy to answer any questions that the

15 board may have, that the reason that research is

16 going on on electric and magnetic fields is not

17 because we have found a problem. The fact is if

18 this were an issue that was raised about an obscure

19 chemical, I can tell you that there would be no

20 research going on in the world on this topic. The

21 reason why research is continuing on electric and

140

1 magnetic fields is because essentially everyone in

2 industrialized society has exposures to electric and

3 magnetic fields whether you live near a substation,

4 transmission line or what have you. And since

5 everyone has an exposure, we want to be absolutely

6 sure that even the smallest possibility of a risk

7 has not been overlooked. And the way that you do

8 that is continuously testing hypotheses. So the

9 same hypotheses that were raised 30 years ago,

10 people have all different hypotheses. Well, isn't

11 it possible that some combination of fields of

12 different frequencies might produce different

13 biological effects? That was tested.

14 We've looked at a whole variety of

15 illnesses that potentially one could argue might

16 have some relevance to magnetic fields. And over

17 the years, hypotheses have been tested on those

18 diseases, and we have found no relationship. A good

19 example is a number of years ago you may have heard

20 media discussion about potential links between

21 magnetic fields and breast cancer. There was some



141

1 animal studies that had suggested that magnetic

2 fields might affect a hormone called melatonin which

3 had been hypothesized to be protective against

4 breast cancer. Now we have years of research later,

5 the World Health Organization has come out and said,

6 based upon epidemiology studies and animal studies,

7 they believe that there's no relationship between

8 magnetic field exposure and breast cancer. And this

9 is the type of outcome which has been occurring over

10 and over again as research has developed over the

11 last 40 years. And so the reason why we're

12 continuing to look at it is not because we've

13 determined that there is a likely risk, but we want

14 to make absolutely sure that nothing has been

15 overlooked.

16 So I would be happy to answer any

17 questions after this.


19 MR. SMITH: I don't have any.

20 MS. BUCKLEY: You don't have any

21 questions? Okay. Mr. Gisriel, please just ask the

142

1 question.

2 MR. GISRIEL: Thank you, Doctor, for

3 that very informative presentation. Did you

4 actually do the EMF study, the one that was posted

5 on the board, the one with the -- had the 27 and the

6 ten?

7 DR. BAILEY: The study was done by a

8 company that was retained by Delmarva Power to

9 provide those calculations of the magnetic fields

10 from the existing substation and under its proposed

11 configuration.

12 MR. GISRIEL: Do you know the date of

13 that study?

14 MS. BUCKLEY: I think we just had that,

15 didn't we?

16 MR. GISRIEL: That was on the sound.

17 And I'm curious about the EMF.

18 MR. SMITH: July 2nd.

19 MR. GISRIEL: July 2nd? So it was after

20 the new plat was filed with the building going from

21 the south to the north and the new configuration?

143

1 DR. BAILEY: Yes. It considered the new

2 location of the equipment within the substation.

3 MR. GISRIEL: Okay. I think you

4 answered it in your comments, but will this -- do

5 EMFs have any adverse effect on a water supply, an

6 existing water station just to the south?

7 DR. BAILEY: No.

8 MR. GISRIEL: Okay. And it was

9 commented earlier that some of the data that I read

10 or some of the quotes was 16 years old or so. Is it

11 safe to say that based on what you testified to -- I

12 use the term, and it may be my way of saying it, the

13 jury's still out on some of these -- while it's

14 evident that most studies show there's no hazard to

15 humans from these EMFs, there's still studies

16 ongoing in the areas that I addressed such as

17 hypersensitivity and the leukemia issue?

18 DR. BAILEY: Well, actually, with regard

19 to hypersensitivity, the hypersensitivity refers to

20 the fact that some people have alleged that they are

21 able to detect magnetic fields, or that they have --

144

1 in the presence of a magnetic field that they

2 have -- they might experience dizziness or

3 headaches, similar kind of symptoms. The Health

4 Protection Agency of Great Britain has supported a

5 lot of research and a lot of reviews of this topic.

6 And every single review that has come out has

7 determined that when you actually do studies and

8 expose people to levels of magnetic fields or

9 electric fields, they cannot distinguish when the

10 fields are on or when they are off. And that in

11 normal people or in people who claim to be

12 electrically hypersensitive, that they do not

13 experience more symptoms when the fields are present

14 or the fields are absent.

15 So, for example, I visited a research

16 laboratory in Sweden that was conducting similar

17 studies like this, and they had subjects they could

18 bring into a room and show them a computer, and they

19 would start to develop rashes on their face. The --

20 they would cover up the computer, bring the person

21 into the room, and they would start developing



145

1 rashes on their face. The computer was never turned

2 on underneath the cloth. So it was not related to

3 electric or magnetic fields. It was related to a

4 reaction to the perception that there might be the

5 field turn on. So scientific studies have actually

6 not confirmed this electrical hypersensitivity in

7 any way.

8 MR. GISRIEL: Thank you very much. I

9 did have a couple questions I mentioned about

10 chemicals being stored that I think another

11 gentleman was going to come up.

12 MS. BUCKLEY: Right up to the podium and

13 be sworn in.

14 (Whereupon, Mr. Weber was sworn in.)

15 MR. WEBER: I do.


17 address.

18 MR. WEBER: Steve Weber. My work

19 address is 401 Eagle Run Road in Newark, Delaware.

20 I work at Delmarva Power.

21 MR. GISRIEL: My question pertains to --

146

1 and correct me if I'm wrong, but when you have

2 transformers on-site, there are chemicals there that

3 used to contain, I don't know if they still do, PCB.

4 Do you store that sort of chemical on this site?

5 MR. WEBER: The -- no. The transformers

6 have mineral oil in them, but they're guaranteed to

7 be within the legal limits of PCB content. I don't

8 know what that limit is right offhand, but it has to

9 be before we can use it.

10 MR. GISRIEL: So is it safe to say,

11 then, that all the chemicals that will be added to

12 the site based on this construction will also be

13 under hazardous limits?

14 MR. WEBER: Yes.

15 MR. GISRIEL: Okay. I don't know if

16 this question would be to you or to Jim, to be

17 honest, but I missed it earlier. I noticed in some

18 of the literature you had, or some of the literature

19 that I read about equipment called thrusters and of

20 course the reactors. They generate heat I believe.

21 How are they cooled?

147

1 MR. WEBER: There's a cooling system

2 that has ethylene glycol in it which is the same

3 kind of antifreeze that's in your car.

4 MR. GISRIEL: Okay. And the only other

5 questions I have for DP&L is, why aren't there

6 elevation drawings, stormwater acceptance letter

7 from the engineering department, plans to show the

8 control house, 858 square feet, plans showing the

9 emergency generator room, and dimensions of

10 equipment? Why is that not in the drawings?

11 MR. WEBER: We do have -- I believe our

12 layout shows the to scale size of the control house,

13 the total square feet of the control house. It may

14 not state it on there.

15 MR. GISRIEL: I think it does, but it

16 doesn't show the elevations.

17 MR. WEBER: Yeah. And as of this point,

18 I don't believe that we actually have a finalized

19 elevation, but we do have preliminary elevation data

20 that we didn't include in there that we could

21 supply.

148

1 MR. SMITH: We also need this approval

2 before we can finalize our --

3 MS. BUCKLEY: Right. They have to get

4 the conditional use approval, and then they'll come

5 back with a detailed site plan that we will again

6 look over.

7 MR. GISRIEL: So you don't have to see

8 that at this juncture?

9 MS. BUCKLEY: That's correct. Right now

10 we're doing the conditional use, just giving them

11 the authority to do something there, and then we'll

12 finalize all the details. That's when we can make

13 sure -- well, because we can still ask them to do

14 different things. Based on the testimony tonight,

15 if somebody gave us some other issues, like, we want

16 to make sure about the lighting and that type of

17 thing, that we can make additional conditions that

18 we need to have put on the site plan, and then we

19 will review it again.

20 MR. GISRIEL: I thank you very much for

21 the opportunity you gave me to ask my additional



149

1 questions.

2 MS. BUCKLEY: You're welcome. Does

3 anyone have any additional questions? Step up to

4 the podium, please. You're asking a question,

5 right?

6 MR. DAVIS: Yes.

7 MS. BUCKLEY: Okay. Just ask the

8 question.

9 MR. DAVIS: Do you anticipate any

10 reduction in service while this change is going on?

11 MR. SMITH: No, absolutely not, there

12 won't be. It will be transparent to customers.

13 There won't out any outage interruptions, momentary

14 interruptions. That will be completely transparent.

15 MR. DAVIS: Thank you.

16 MS. BUCKLEY: You're welcome.

17 Okay. Is there any other rebuttal from

18 the applicant?

19 MR. SMITH: No. Just in closing, I

20 think, again, the standard question is not whether

21 the proposed use will have some adverse effect on

150

1 the surrounding area, that that's the nature of the

2 conditional use. The test is whether the adverse

3 effect will be greater or more detrimental at the

4 subject location than would be the result if located

5 elsewhere in the same zone. And I'll submit to case

6 law on that. And I thank you for your time.

7 MS. BUCKLEY: Do the commissioners have

8 any other questions?

9 MR. MILLER: Not right now.

10 MS. BUCKLEY: All right. I am going to

11 ask that we get a copy of the World Health

12 Organization's 2007, three and a half page report to

13 be included within the testimony, research for the

14 public hearing.

15 With that I will accept a motion to close

16 the hearing.

17 MS. TAYLOR: So moved.

18 MR. MILLER: Second.

19 MS. BUCKLEY: I have a motion to close

20 and a second by Peck. All in favor?

21 (Whereupon, all members said aye.)

151

1 MS. BUCKLEY: So moved.

2 MS. BUCKLEY: I believe that the

3 commissioners would like to deliberate at another

4 time. I don't think we're going to do this tonight.

5 What do you think?

6 MS. TAYLOR: I can do it tonight.

7 MS. BUCKLEY: Do you want to do it

8 tonight?

9 MR. STALEY: I can do it tonight.

10 MS. BUCKLEY: Okay. We're doing it.

11 Ms. Taylor, you start, please.

12 MS. TAYLOR: I'll move the approval of

13 the conditional use. The project is definitely

14 needed. I know besides what Terry has testified

15 about city property, I know several business owners

16 who have suffered loss of equipment, damage of

17 equipment, interrupted business because of loss of

18 equipment. It's been an economic problem for Ocean

19 City that needs to be solved. Since the regional

20 power authority has determined that north Ocean City

21 is the appropriate location and since the 138th

152

1 Street substation already exists, it would be a more

2 adverse effect anywhere else to put it anywhere

3 other than that. And there is no more adverse

4 effect here than anywhere else. In fact, it's

5 probably less than anywhere else.

6 According to the testimony, the

7 electromagnetic field is not a health issue. And if

8 anything, it's well -- even at its maximum, well

9 below acceptable levels as determined by several

10 agencies as were given in the testimony. And the

11 sound is under control from their testimony. If the

12 information presented in this public hearing is not

13 correct or has been given to us with fraudulent

14 information, then the company will be subject to

15 action based on that since this is a public hearing.

16 So I move that we accept the conditional

17 use -- or recommend the conditional use.

18 MR. STALEY: I can't add anything to

19 that. She's covered it all.

20 MS. BUCKLEY: All right. Peck.

21 MR. MILLER: If we are going to move



153

1 forward on this, the wall, the landscaping and

2 upkeep of the landscaping, making it as inoffensive

3 as possible is a very important thing I think to

4 this community. It is a single-family district. It

5 needs to be taken care of. You already have a

6 substation there. The photos that I saw with the

7 wall and the landscaping, if you truly do that, is

8 going to be a much nicer facade than what you have

9 currently there. You need to maintain them with

10 water. You just can't plop them in and call it a

11 day.

12 But I agree with Lauren. I think it's

13 something we need in this town for sure. We

14 definitely need to get the voltage going more

15 evenly, whatever.

16 MS. BUCKLEY: Well, certainly the

17 testimony has proved the need. I don't think that

18 is in question. And I also believe that due to

19 the -- you know, it's always hard when we're talking

20 single family. In the 23 years I've been sitting up

21 here, protecting single-family neighborhoods has

154

1 always been my stong -- I've been a strong advocate

2 of that.

3 However, this is just the best place for

4 it. It is what it is. I live next to the one on

5 85th Street, and I've been there for 35 years.

6 The biggest thing down there is just to look at it.

7 So here again, it's going to be -- the visual

8 impact, that's the one thing we can do something

9 about.

10 And as Lauren said, we certainly have to

11 take the experts with their knowledge that they are

12 deciphering the information correctly, and that it

13 is not a health risk.

14 The -- and as far as the noise and the

15 lighting, all of that is controlled by our zoning

16 ordinances, and they will have to abide by those,

17 and as far as keeping up the landscaping or anything

18 else. I mean, that's just something that has to be

19 done. And we will still have a site plan review of

20 where we will see elevations, et cetera, and a

21 lighting plan, and all that has to be in, you know,

155

1 before you can get a building permit.

2 And with that, we'll make a motion.

3 MS. TAYLOR: I did.

4 MS. BUCKLEY: Oh. You already made a

5 motion. I apologize. Peck, did you second t?

6 MR. MILLER: Sure. I'll second it.

7 MS. BUCKLEY: We have a motion to move

8 forward from Lauren and a second by Peck. All in

9 favor?

10 (Whereupon, all members said aye.)

11 MS. BUCKLEY: So moved. Thank you all

12 for coming out tonight.

13 (Whereupon, the hearing concluded.)

14

15

16

17

18

19

20

21

156

1

2 STATE OF MARYLAND

3 WORCESTER COUNTY

4 I, Kathy A. Zeve, a Notary Public andRegistered Professional Reporter in and for the Snow

5 Hill, Maryland, do hereby certify that the PUBLICHEARING was held before me at the time and place

6 herein set according to law, was interrogated bycounsel.

7 I further certify that the examination was

8 recorded stenographically by me and then transcribedfrom my stenographic notes to the within printed

9 matter by means of computer-assisted transcription ina true and accurate manner.

10 I further certify that the stipulations

11 contained herein were entered into by counsel in mypresence.

12 I further certify that I am not of counsel

13 to any of the parties, not an employee of counsel, norrelated to any of the parties, nor in any way

14 interested in the outcome of this action.

15 AS WITNESS my hand and Notarial Seal this9th day of August, 2012, at Snow Hill, Maryland.

16

17 __________________________ Kathy A. Zeve, RPR

18 Notary Public

19 My commission expires January 9, 2016

20

21




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)

25166

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Kelly L. Allmond, City Clerk RE: Ordinance amending Chapter 22 Elections – Absentee Ballot Process DATE: 08-01-2012 ISSUE(S): Second Reading of Ordinance amending the Absentee Ballot

process as discussed in the July 31st Work Session. SUMMARY: 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

FISCAL IMPACT: None RECOMMENDATION: Approve Ordinance as presented ALTERNATIVES: None specified RESPONSIBLE STAFF:

City Solicitor Guy Ayres

COORDINATED WITH: City Clerk Kelly Allmond Local Board of Election Supervisors Worcester County Board of Elections

ATTACHMENT(S): Ordinance 2012-24 amending Chapter 22

Agenda Item # 12A

Council Meeting 08/20/2012


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%)

TOWN OF


Agenda Item# 12B

Council Meeting August 20, 2012

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Martha J. Bennett, Finance Administrator RE: Ordinance for Airport Improvement Bond DATE: August 1, 2012 ISSUE(S): To pass ordinance which changes the terms of the Airport

Improvement Bond of 2005 with the Bank of America to lower the interest rate.

SUMMARY: 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.

FISCAL IMPACT: Over $18,000 savings in interest expense per year.

RECOMMENDATION: To pass the ordinance, with loan documents prepared by City

Solicitor. ALTERNATIVES Do not refund bond by passing the new ordinance.

RESPONSIBLE STAFF: Guy Ayres, City Solicitor

COORDINATED WITH: Martha J. Bennett, CPA, Finance Administrator

ATTACHMENT(S): Ordinance 2012-25


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

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Dean Dashiell – Senior Project Manager RE: Acceptance of Sealed Bids for the St. Louis Avenue – Water, Sewer, & Roadway

Improvements 10th to 17th Street DATE: August 13, 2012 ISSUE(S): Acceptance of Sealed Bids for the St. Louis Avenue – Water,

Sewer, & Roadway Improvements 10th to 17th Street. SUMMARY: 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.

FISCAL IMPACT: Funding for this project was included in the recent Municipal

Purpose Bond procurement and the FY 2013 Water Department Budget.

RECOMMENDATION: Receive and open sealed bids at the Mayor & City Council Work

Session on August 28, 2012 for this much needed project. ALTERNATIVES: None RESPONSIBLE STAFF:

Dean Dashiell – Senior Project Manager

COORDINATED WITH: 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

ATTACHMENT(S): None

Agenda Item # 13A

Council Meeting 8-20-12

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TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Dean Dashiell – Senior Project Manager RE: Acceptance of Sealed Bids for the Maintenance of Elevator & Escalator Systems DATE: August 13, 2012 ISSUE(S): Acceptance of Sealed Bids for the Maintenance of Elevator &

Escalator Systems. SUMMARY: 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.

FISCAL IMPACT: Elevator and Escalator maintenance costs were accounted for in

the applicable Department FY 2013 Budgets. RECOMMENDATION: Receive and open sealed bids at the Mayor & City Council Work

Session on August 28, 2012 for this project. ALTERNATIVES: None. RESPONSIBLE STAFF:


COORDINATED WITH: Hal Adkins – Director of Public Works ATTACHMENT(S): None

Agenda Item # 13A





TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Dean Dashiell – Senior Project Manager RE: Acceptance of Sealed Bids for the Dukes Avenue – Wastewater Pumping Station

Improvements DATE: August 13, 2012 ISSUE(S): Acceptance of Sealed Bids for the Dukes Avenue Wastewater

Pumping Station Improvements. SUMMARY: 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.


Purpose Bond procurement. RECOMMENDATION: Receive and open sealed bids at the Mayor & City Council Work

Session on September 11, 2012 for this project. ALTERNATIVES: None RESPONSIBLE STAFF:


COORDINATED WITH: Hal Adkins – Director of Public Works Jim Parsons – Deputy Director of Public Works Charles Felin – Superintendent of Wastewater Department

ATTACHMENT(S): None

Agenda Item # 13A





TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Dean Dashiell – Senior Project Manager RE: Acceptance of Sealed Bids for the Old Landing Road – Wastewater Pumping

Station Improvements DATE: August 13, 2012 ISSUE(S): Acceptance of Sealed Bids for the Old Landing Road Wastewater

Pumping Station Improvements. SUMMARY: 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.


Purpose Bond procurement. RECOMMENDATION: Receive and open sealed bids at the Mayor & City Council Work

Session on September 11, 2012 for this project. ALTERNATIVES: None RESPONSIBLE STAFF:


COORDINATED WITH: Hal Adkins – Director of Public Works Jim Parsons – Deputy Director of Public Works Charles Felin – Superintendent of Wastewater Department

ATTACHMENT(S): None

Agenda Item # 13A






13. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER

B. Request to Sole Source Contract to Replace Utility

Pole at Fire Headquarters

TOWN OF


Agenda Item # 13B Council Meeting August 20, 2012 TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Terence J. McGean, PE, City Engineer RE: Utility Pole Replacement at Fire Headquarters DATE: August 10, 2012 ISSUE(S): Request approval to have Delmarva Power replace a utility pole

at Fire Headquarters’ property to allow for future building expansion

SUMMARY: 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.

FISCAL IMPACT: $ 136,000 included in budget for expansion funded through

recent bond sale. RECOMMENDATION: Authorize Delmarva Power to replace the utility pole. ALTERNATIVES: None RESPONSIBLE STAFF:

Terence McGean, City Engineer

COORDINATED WITH: Hal Adkins, Public Works Director Cliff Christello, Deputy Fire Marshal II

ATTACHMENT(S): 1) Summary memo

INTEROFFICE MEMORANDUM

TO: DAVID RECOR

FROM: TERENCE MCGEAN

SUBJECT: UTILITY RELOCATIONS AT FIRE HEADQUARTERS

DATE: 8/10/2012

CC: 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.


13 – ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER

C. Request to Bid Network Core Switch Replacement

through eMaryland Marketplace

25165 TOWN OF


Agenda Item # 13C Council Meeting August 20, 2012 TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Terence McGean, PE City Engineer RE: Request to Bid Core Switch DATE: August 8, 2012 ISSUE(S): Request permission to bid network core switch replacement

through eMaryland Marketplace SUMMARY: 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.

FISCAL IMPACT: $28,000. FY13 Budget RECOMMENDATION: Approve bid through eMaryland Marketplace ALTERNATIVES: Conventional hard copy bid process which is generally non-

competitive for IT products and services. RESPONSIBLE STAFF:

Robert Morand, Converged Network Manager

COORDINATED WITH: Terence McGean, City Engineer Nancy Bloxom, Information Technology Director

ATTACHMENT(S): None


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 TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Terence J. McGean, PE City Engineer RE: Bid Award Boardwalk Phase 2 Reconstruction DATE: ISSUE(S): Bid Award Authorization for Boardwalk Reconstruction Phase 2 SUMMARY: 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.

FISCAL IMPACT: Low bids combined are approximately $1.8 million under the

staff estimates. Funds budgeted in recent bond sale. RECOMMENDATION: 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.

ALTERNATIVES: None RESPONSIBLE STAFF:


COORDINATED WITH: ATTACHMENT(S): 1) Bid Tabulation

Agenda Item # 13D


Boardwalk Phase 2 ReconstructionBid Tabulation

North End Reconstruction Rehak Contracting RBCI Harkins Contracting Geaorge & Lynch Staff EstimateItem qty unit unit price total unit price total unit price total Unit price total Unit TotalDemolition 1 ls 199,820.00 199,820.00 242,342.00 242,342.00 340,000.00 340,000.00 336,000.00 336,000.00 650,000.00 650,000.00 Temp walkways 3,000 lf 0.50 1,500.00 5.00 15,000.00 8.00 24,000.00 15.00 45,000.00 15.00 45,000.00 Concrete foundation 13,916 lf 15.37 213,888.92 19.18 266,908.88 20.50 285,278.00 40.00 556,640.00 30.00 417,480.00 Ret wall type 1 150 lf 24.72 3,708.00 48.53 7,279.50 73.00 10,950.00 150.00 22,500.00 90.00 13,500.00 Ret wall type 2 550 lf 60.97 33,533.50 104.00 57,200.00 125.00 68,750.00 315.00 173,250.00 150.00 82,500.00 Ret wall type 3 275 lf 85.70 23,567.50 143.71 39,520.25 150.00 41,250.00 445.00 122,375.00 175.00 48,125.00 stone base 1 ls 88,787.00 88,787.00 122,170.00 122,170.00 177,650.00 177,650.00 158,000.00 158,000.00 230,000.00 230,000.00 Caroline boardwalk 1 ls 31,000.00 31,000.00 58,360.00 58,360.00 48,000.00 48,000.00 107,400.00 107,400.00 125,000.00 125,000.00 Carpentry work 1 ls 369,109.00 369,109.00 457,241.00 457,241.00 912,122.00 912,122.00 1,113,000.00 1,113,000.00 900,000.00 900,000.00 beach access re‐deck 500 lf 16.00 8,000.00 38.70 19,350.00 40.00 20,000.00 55.00 27,500.00 60.00 30,000.00 Electrical work 1 ls 132,000.00 132,000.00 181,115.00 181,115.00 155,000.00 155,000.00 135,600.00 135,600.00 121,000.00 121,000.00

Total 1,104,913.92 1,466,486.63 2,083,000.00 2,797,265.00 2,662,605.00 Bond yes yes yes yes

South End Re‐decking RBCI Contracting Kade Rehak Harkins StaffItem qty Unit unit price total unit price total unit price total Unit price total Unit TotalBase Bid 1 ls 58,500.00 58,500.00 69,995.00 69,995.00 79,699.00 79,699.00 150,000.00 150,000.00 150,000.00 150,000.00 Stringer Replacement 500 lf 11.00 5,500.00 4.79 2,395.00 6.00 3,000.00 8.00 4,000.00 22.00 11,000.00

Total Bid 64,000.00 72,390.00 82,699.00 154,000.00 161,000.00

Total low bids (Rehak + RBCI) 1,168,913.92 2,823,605.00

Total low single bid (Rehak) 1,187,612.92

Other bids for South Re‐deckingR.L. Mitrecic 163,404.00 George & Lynch 199,550.00 All States 267,311.00

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Terence J. McGean, PE City Engineer RE: Recommendation for Bid Award Boardwalk Lumber DATE: August 14, 2012 ISSUE(S): Bid Award authorization for Boardwalk lumber materials SUMMARY: Request permission from the Mayor & City Council to award the

Boardwalk Lumber Material Contract. FISCAL IMPACT: Bid price is $75,000 under estimate. Funds budgeted in Bond

Sale. RECOMMENDATION: Bidders references have been confirmed. Recommend award to

National Wood Sourcing in the amount of $399,231.84 as the low responsible bidder.



COORDINATED WITH: None ATTACHMENT(S): 1) Bid Tabulation

Agenda Item # 13D


Boardwalk Lumber Bid TabulationNational Wood Lumberman Assoc Long Life Gransmick Lumber Staff Estimate

Item qty Unit Unit price total Unit price total Unit price total Unit Price Total Unit Price TotalDeck 2x6x8 16,850 ea 4.91 82,767.20 5.85 98,572.50 6.40 107,840.00 6.68 112,558.00 6.00 101,100.00Deck 2x6x12 16,300 ea 7.97 129,878.40 9.35 152,405.00 9.60 156,480.00 9.84 160,392.00 9.00 146,700.00Deck 2x6x14 11,600 ea 9.02 104,585.60 10.75 124,700.00 11.48 133,168.00 11.27 130,732.00 10.50 121,800.00Deck 2x6x16 5,400 ea 10.62 57,369.60 12.75 68,850.00 12.90 69,660.00 13.31 71,874.00 13.50 72,900.00 Ledger 2x4x12 1,820 ea 6.10 11,094.72 6.40 11,648.00 6.00 10,920.00 6.43 11,702.60 6.00 10,920.00 Brace 4x4x12 870 ea 11.54 10,036.32 15.75 13,702.50 13.12 11,414.40 14.20 12,354.00 15.00 13,050.00 Bond 1 ls 3,500.00 3,500.00 850.00 850.00 4,500.00 4,500.00 1,760.00 1,760.00 5,000.00 5,000.00

Total 399,231.84 470,728.00 493,982.40 501,372.60 471,470.00total on bid form 395,731.34 470,728.00 493,982.40 501,372.60 475,000.00

National Wood Sourcing did not include bond in total price

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Dean Dashiell – Senior Project Manager RE: Bid Award Authorization for the Gorman Avenue Water Tank Painting & Repairs DATE: August 14, 2012 ISSUE(S): Bid Award Authorization for the Gorman Avenue Water Tank

Painting & Repairs SUMMARY: 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.

FISCAL IMPACT: Funding for this project was included in the FY 2013 Water

Department Budget in the amount of $ 500,000.00. RECOMMENDATION: Proceed with the approval of K & K Painting, Inc. in the amount

of $ 472,975.00 for the Gorman Avenue Water Tank Painting & Repairs.



COORDINATED WITH: Hal Adkins – Director of Public Works Jim Parsons – Deputy Director of Public Works Howard Iman – Superintendent of Water Department

ATTACHMENT(S): 1 ) Completed Bid Tabulation Sheet.

Agenda Item # 13D





Gorman Avenue Water Tank Painting Repairs Bid Tabulation

CONTRACTORS Base Bid

Corfu Contractors $584,975.00

Corrosion Control Corp $726,800.00

D & M Painting $634,600.00

Minoan, Inc. $869,400.00

K & K Painting $472,975.00

Titan Industries $846,450.00

Utility Service Corporation $997,900.00





14 – COMMENTS FROM CITIZENS - 5 MINUTE TIME LIMIT


15 – COMMENTS FROM THE MAYOR AND CITY COUNCIL

August 20 2012 Complete Agenda

Documents

Transcript of August 20 2012 Complete Agenda