May 13 - Town of West Greenwich

TOWN OF WEST GREENWICH
TOWN COUNCIL
REGULAR MEETING
MAY 13, 2009
A regular meeting of the West Greenwich Town Council was held on May 13, 2009. Present
were Robert Butler, Mark Tourgee, Thaylen Waltonen, Susan Woloohojian and Kelly Stewart.
Also present were Town Administrator Kevin Breene and Town Solicitor Kevin Breene. Butler
called the meeting to order at 7:34 p.m. with the Pledge of Allegiance.
CONSENT AGENDA
Tourgee moved to approve the Consent Agenda with Correspondence Item no. 1 and the minutes
from the April 8, 2009 and April 27, 2009 meetings removed for further consideration.
Woloohojian seconded. VOTED: Butler – aye, Tourgee – aye, Waltonen – abstain,
Woloohojian – aye, Stewart – aye.
I. MINUTES
1. MINUTES OF MEETING OF APRIL 8, 2009
2. MINUTES OF MEETING OF APRIL 13, 2009
3. MINUTES OF MEETING OF APRIL 27, 2009
4. MINUTES OF MEETING OF APRIL 29, 2009
5. MINUTES OF MEETING OF MAY 6, 2009
II.
REPORTS
1. TOWN CLERK RECEIPTS –APRIL, 2009
2. PLANNING DEPT. MONTHLY REPORT – APRIL, 2009
3. TREASURER’S REPORT – APRIL 30, 2009
4. MONTHLY/QUARTERLY REPORT FY 2009/09
5. POLICE DEPT. MONTHLY REPORT – APRIL, 2009
6. FIRE DISPATCH RESPONSE SHEET – MARCH – APRIL, 2009
7. TAX ASSESSOR’S OFFICE MONTHLY REPORT – APRIL, 2009
8. BUILDING INSPECTOR’S OFFICE MONTHLY REPORT – APRIL, 2009
9 PAYROLL REPORT
PAY PERIODS APRIL 3, 2009 – MAY 1, 2009

10. HIGHWAY DEPT. REPORT – APRIL 2009
III.
CORRESPONDENCE
1. LAKE MISHNOCK FIRE DEPARTMENT
MAY 7, 2009
RE: DAYTIME RESPONSE OF WG RESCUE 2 AND ENGINE 21
2. FIRE BOARD OF ENGINEERS – MINUTES OF MARCH 16, 2009 MEETING
3. CONSERVATION COMMISSION – MINUTES OF APRIL 2, 2009 MEETING
4. BROWN UNIVERSITY
APRIL 20, 2009
RE: RECIPIENTS OF THE JUDGE ELMER J. RATHBUN SCHOLARSHIP.
IV. UNCOLLECTABLE TAXES
1. REQUEST OF TAX COLLECTOR – MAY 8, 2009
Acct # Name Amount
01-0008-50 A W S LANDSCAPING $43.38
01-0015-10 ADAMS FRANCES M $22.35
01-0117-75 ALLEN BRENDA J $5.00
01-0242-20 ALS GLASS CO INC $90.42
01-0255-72 APICI JANICE A $57.61
01-0258-95 ARCHAMBAULT CHRISTOPHER G $15.19
01-0259-50 ARLIA DINO A $5.26
01-0285-55 ARNOLD LYNN A $5.00
01-0285-75 ARNOLD SHANNON L $207.54
01-0295-52 ARNOLD WILLIAM C $10.40
01-0295-86 ARUNDALE ANN MARIE R $64.10
01-0296-72 ASUTAY BURHANETTIN S $53.73
01-0297-01 ASHTON MICHAEL W $12.47
01-0309-85 ASSELIN DOREEN L $129.06
01-0336-24 AUTHELET TIMOTHY R $10.00
01-0345-75 AXELSON KIMBERLY B $5.00
02-0003-01 B AND J REALTY COMPANY $250.02
02-0039-00
BANKVEST CAPITAL
CORPORATION $531.05
02-0111-15 BATES RICHARD D $32.26
02-0112-02 BATES WARREN J $42.59
02-0135-32 BAXTER JULIANNE $5.00
02-0142-04 BELANGER DAVID R $5.00
02-0142-56 BELL RICHARD A $184.24
02-0142-60 BELLAVANCE JOSEPH F $385.46
02-0171-95 BERNIER CURT D $44.72
02-0184-10 BLACKSTONE FINANCE RENTAL $63.32

02-0195-10 BOBKO STELLA T $20.58
02-0195-15 BOBWIRE CABLE CONSTRUCTION LLC $112.76
02-0213-54 BOMBARDIER JERRIE A $21.56
02-0213-81 BONN JACK $220.11
02-0238-95 BOULLIER MATHEW J $126.75
02-0242-95 BOUSQUET CORY Z $5.00
02-0249-03 BOYD SABRINA R $147.35
02-0272-20 BRAYTON TRUCKING $135.64
02-0297-50 BREISTER BARBARA S $5.00
02-0300-14 BRENNAN JOHN T IV $15.22
02-0302-05 BRIEN CHARLENE H $5.00
02-0304-00 BRIGGS CARRIE L $5.00
02-0347-62 BROWN MELISSA A $79.91
02-0424-00 BUTMARC RICHARD J $145.86
02-0424-83 BUTZIER ROBIN L $5.00
02-0424-93 BYINGTON TODD $66.82
03-0005-00 CADDLE SYLVIA E $10.00
03-0005-25 CADIEUX ROBERT E $7.99
03-0040-62 CAMPBELL GREGORY S $25.33
03-0131-57 CARR ROBERT E JR $6.52
03-0136-90 CARTER BETHANY A $324.19
03-0156-27 CATANZARO GINA $15.58
03-0156-90 CATANZARO JULIE A $189.25
03-0170-25 CHANDLER KERRI A $71.54
03-0189-90 CHARBONNEAU EUGENE R. $31.15
03-0213-75 CHISHOLM JILL I $54.21
03-0213-77 CHISHOLM JOEL J $62.56
03-0222-38 CIUMMO LAWRENCE P $64.67
03-0222-39 CIUMMO MARY M $284.18
03-0224-91 CLARK KIRTLAND P $11.89
03-0230-10 CLARK WILLIAM L $135.50
03-0231-30 CLASSIC CLEANING $13.31
03-0231-32 CLASSIC COACH INC $108.03
03-0236-95 COUTIER EDMOND H $17.08
03-0245-23 CLASSIC COACH INC $262.45
03-0252-81 COCKERLINE ELIZABETH J $130.33
03-0264-45 COLLINGS MOVING & STORAGE $581.45
03-0266-98 COLLINS INC $126.62
03-0275-93 CONDON HOPE D $89.32
03-0275-95 CONDON JENNIFER S $103.66
03-0276-20 CONE ERNEST R $68.16
03-0286-51 CONKLIN DORIS A $10.71
03-0289-35 CONLAN DANIEL O $31.63
03-0289-75 CONLAN WILLIAM A JR $40.96
03-0292-50 CONNELLY KEVIN J $191.63

03-0292-60 CONSTANTINO MARCY L $25.26
03-0292-62 CONSTANTINO STASIA K $10.00
03-0308-01 COOK HARRY D III $77.27
03-0308-02 COOK JOANN D $373.73
03-0332-05 CORMIER DIANE E $208.32
03-0332-14 CORMIER THOMAS G $72.64
03-0332-76 CORVENO AMY C $309.75
03-0347-10 COUCH FRANK C $979.25
03-0362-33 COVENTRY GYMNASTIC AND DANCE $306.15
03-0364-52 COYNE HEATHER A $286.42
03-0366-16 CRATTY KEITH $1,329.71
03-0374-45 CRINO CHARLES R $94.67
03-0385-29 CRUZ WALTER L $10.71
03-0385-33 CRUZ DENISE S $0.32
03-0394-18 CUNNION CHRISTOPHER J $7.60
04-0035-12 DAVIS WARREN L JR $54.87
04-0044-70 DEANGELIS JASON T $5.00
04-0059-42 DEMAS JAMES N $14.66
04-0079-54 DEMOURE RAYMOND E $10.71
04-0083-45 DENTON BRIAN J $5.00
04-0088-95 DESCHENE KENNETH E $20.62
04-0125-85 DION NORMAN F $25.16
04-0132-20 DONOVAN KRISTY L $5.00
04-0140-53 DOW WILLIAM E $61.94
05-0005-60 EASTMAN JACQUELINE L $56.82
05-0020-53 EHRLICH EVAN $33.40
05-0040-25 ELLIS PRIVE ROSE A $76.03
05-0045-05 ELLISON WILLIAM E III $384.64
05-0055-25 EPHRAIMSON ERNEST C JR $43.64
06-0033-98 FERRELL VERNON R $29.08
06-0037-25 FINEST KIND CAMERA REPAIR $130.01
06-0038-10 FIRST UNION COMMERICIAL CORP. $198.87
06-0095-16 FLORIO MICHAEL D $6.66
06-0095-20 FLORIO NADA J $78.57
06-0167-25 FRAVALA CONSTANCE A $3.98
06-0174-52 FRENETTE PAUL D. $81.68
06-0614-00 FUVICH RUSSELL J $6.82
07-0010-60 GAMBA SHERRI L $141.70
07-0012-00 GAMMON RHONDA M $5.00
07-0020-10 GANEM JOSEPH G $12.21
07-0027-50 GARTELMAN KRISTA L $407.27
07-0031-00 GATELY WILLIAM A $67.75
07-0037-50 GAUVIN BELINDA $15.73
07-0052-89 GERRITSON DALE R $13.09
07-0056-52 GILLEY APRIL A $14.27

07-0056-54 GILLEY DAVID M $296.30
07-0056-61 GILMAN DAVID A $5.00
07-0075-66 GONZALEZ ANTHONY R $114.35
07-0075-86 GOODNESS FRANCIS I SR $76.32
07-0075-95 GOODISON JERRY C $5.00
07-0150-05 GREGORICUS WILLIAM A $361.16
08-0003-50 H B HOLLIS EXCAVATIO N UNLIMI $220.62
08-0020-82 HAMPTON RICHARD L $142.73
08-0026-74 HARGRAVES TODD A $355.01
08-0102-72 HART PAUL S $351.62
08-0124-70 HAYES OTIS E $659.37
08-0124-98 HAZELIP MARK D $19.98
08-0143-80 HELLMAN KENNETH E $71.00
08-0204-57 HOGAN MCKAY MARYANN $178.81
08-0212-50 HOLM MICHAEL M $11.20
08-0214-30 HOLMES JOHN A $792.09
08-0222-74 HORA MATTHEW T $297.64
08-0228-10 HORTON MARGUERITE A $28.43
08-0231-49 HOUSTON BARRY J $23.77
09-0004-03 IDE RUSSELL D $105.88
09-0017-03 INTER STATE TRUCK AND AUTO SALES $329.24
10-0029-10 JENCKS MICHAEL H $5.00
10-0039-70 JOHNSON CABRAL CYNTHIA D $56.81
10-0039-82 JOHNSON CYNTHIA D $77.40
10-0069-93 JOLLS JONATHAN D $114.94
10-0088-00 JONES MAUREEN $40.89
11-0012-25 KAPUSCINSKI SANDRA D $14.27
11-0020-20 KEENER JENNIFER L $12.86
11-0020-39 KELLEY DANIEL P $5.00
11-0023-95 KENNY MIKE $81.97
11-0055-25 KETCHUM CLAUDETTE C $5.00
11-0055-45 KESZYINSKI RAYMOND N $10.71
11-0073-47 KIRK MARGARET M $21.87
11-0080-10 KNICKERBOCKER VALERIA A $190.47
11-0113-15 KNOWLES ANNABELLE R $27.73
12-0004-30 LACAILLADE LESA A $42.51
12-0007-10 LAFERRIERE KATHLEEN F $222.70
12-0010-06 LAFLEUR LEONARD J $24.86
12-0017-30 LALIBERTE LORI A $5.00
12-0017-35 LALIBERTE SHAWN D $5.00
12-0050-11 LAMOUREUX TIMOTHY J $5.00
12-0056-45 LANDRY RYAN R $5.00
12-0076-20 LANOIE JOEL M $71.80
12-0083-89 LARAMEE CONSTRUCTION INC $14.66
12-0101-62 LAWTON JOANNA J $52.01

12-0106-90 LEAHY ERNA T $189.53
12-0115-05 LEBEDEVA NATALIA U $8.38
12-0125-70 LEDOUX JANE A $5.00
12-0225-10 LEVESQUE LAURENT L $10.54
12-0225-16 LEVESQUE NORMAND P $211.04
12-0249-05 LINDSAY DR ALLAN J $39.21
12-0264-52 LOMBARDI DIANE E $5.00
12-0332-30 LYTLE DAWN M $24.74
13-0064-02 MANELLI DAVID P $21.17
13-0064-60 MAKEBLEH ALI $9.35
13-0097-00 MARELLI ROBERT J JR $175.21
13-0097-80 MARELLI PHYLLIS A $91.57
13-0198-75 MAYNARD SANDRA A $14.03
13-0243-95 MCKEEN CHRISTA E $649.69
13-0280-51 MEADE DONALD C $312.06
13-0300-75 MEDIYA AFSHAN S $184.48
13-0331-95 MIKLUSIS MARGARET E $114.69
13-0347-50 MINEO JOYCE M $5.00
13-0385-92 MONIZ DAVID E $627.80
13-0395-90 MORAN STEPHEN F $63.66
13-0396-58 MOREY SHERRY A $188.27
13-0400-10 MORGAN DENNIS E $18.44
13-0402-05 MORGAN RICHARD D $19.54
13-0413-30 MORRIS KAREN A $5.00
13-0434-92 MORSE KRISTIN A $386.57
13-0496-70 MULLEN REBECCA L $27.78
13-0510-58 MUNSON WILLIAM I $7.91
14-0019-35 NIEUWSMA BRIDGET A $264.36
14-0026-00 NORTHUP ALBERT JR $5.00
14-0036-14 NOVAK DANIEL A $5.00
15-0006-06 OBRIEN JOAN MARIE $5.00
15-0047-53 OMNI TECH CORP $254.96
15-0048-40 OREILLY AMBER K $87.51
15-0060-20 ORWILER FREDERICK L $140.84
15-0065-98 OSTI JOHN A JR $99.86
15-0074-95 OUELLETTE ELSE $85.02
16-0011-10 PALAZZO SANDRA R $7.15
16-0033-40 PAQUETTE GLORIA A $11.30
16-0075-40 PARSONS GREGORY S $61.00
16-0092-60 PAYNE KIMBERLY A $18.90
16-0092-82 PEASE JAMES $76.92
16-0132-90 PERRY STACEY JEAN J $7.89
16-0148-04 PETRO HEATHER A $7.61
16-0149-06 PETRO KAREN L $34.23
16-0185-60 PHILLIPS RICHARD G $112.88

16-0225-27 PLANTZ ROSE M $35.57
16-0226-55 POLASKI SARAH A $19.87
16-0240-16 POST THOMAS M $18.18
16-0279-53 POUTRE CANDACE G $30.90
16-0279-57 POWERS MICHAEL A $5.00
16-0279-59 PRATER LISA D $61.86
16-0288-65 PRIVE PHILIP G $352.38
17-0005-89 QUITERIO WALTER R $71.99
18-0011-30 RACOFSKY JAMES J $24.05
18-0073-00 RATHBUN KERRY G $96.28
18-0105-23 READ ADAM $49.29
18-0145-07 REEVES JAMES H II $28.72
18-0173-50 RETTBERG MARK C $270.18
18-0175-62 REYNOLDS CARLA M $11.69
18-0177-28 RHODE ISLAND BUSINESS NET $285.15
18-0178-01 RHODES DINA L $219.48
18-0196-12 RICHARDSON DEBORAH S $15.86
18-0217-10 RIVERA CARLOS E $27.73
18-0232-51 RIENDEAU ALMA A $5.00
18-0233-02
RIGHT EQUIPMENT AND
CONSTRUCTION INC $112.03
18-0239-55 RIVERA DONNA A $822.39
18-0239-65 ROBBERSON GARY JR $70.64
18-0247-45 ROBERTS JANET L $60.01
18-0248-38 ROBERTS MEGHAN S $14.09
18-0260-01 ROCKWELL KATHLEEN J $31.17
18-0290-12 ROSSI MICHAEL K $27.29
18-0290-18 ROSSI NICHOLAS V JR $21.69
18-0301-05 RUEST SILVA L $118.34
18-0303-51 RUSSELL JAMES G $182.27
19-0019-97 SALEMI JEAN V $6.73
19-0025-29 SANDERS FRANK J $37.17
19-0048-77 SCHWECHEL PAUL M $61.57
19-0090-02 SHELTON ELIZABETH A $14.55
19-0091-20 SHEEHAN TIMOTHY J $1.11
19-0120-66 SHIRKEY GARY $170.11
19-0120-67 SHIRKEY JULIE A $99.02
19-0123-40 SIDBURY DAVID T $83.77
19-0148-02 SIMONEAU JUSTIN M $5.00
19-0148-98 SIRACUSA MOVING & STORAGE $76.08
19-0158-70 SKURKA STEVEN E $1.96
19-0195-50 SMITH JUDY A $5.23
19-0197-20 SMITH KRISTI N $110.05
19-0212-01 SMITH STACCI A $5.00
19-0214-14 SOREL MARY A $43.02
19-0241-52 SOUTHLAND WENDY M $50.28

19-0245-32 SPENCER LINDA M $5.00
19-0248-50 SPRAGUE RICHARD L $412.96
19-0276-53 STRAWBERRY FIELDS $107.29
19-0366-99 SYNKLINT INC $216.40
19-0367-97 SZCZSPONIK DEBORAH A $20.26
20-0015-75 TAYLOR MARCIA J $54.92
20-0033-60 TERIBURY ROBIN L $35.26
20-0051-65 THEROUX GEOFFREY L $15.78
20-0066-00 THOLANDER MICHAEL P $78.70
20-0069-20 THORNLEY BILLIE JO $21.55
20-0070-20 THORPE KENNETH A $780.35
20-0115-27 TROIA CHRISTOPHER F $5.00
20-0120-07 TUCHON CHRISTOPHER P $46.78
20-0145-65 TURSKI THERESA M $53.18
22-0004-55 VALENTIM CHRISTINE M $36.54
22-0005-96 VANDERPYL STEVEN D $214.93
22-0060-39 VOLPINI LESLIE A $323.35
23-0006-76 WALKER JAN M $310.56
23-0016-59 WALSH JOHN A $58.96
23-0016-64 WALSH JENNIFER L $400.80
23-0063-02 WEBSTER CORRINE A $30.58
23-0069-58 WESTON PAMELA M $10.88
23-0069-86 WETHERBEE JASON $41.55
23-0110-80 WILCOX KIMBERLY $73.85
23-0123-80 WILHELM BARBARA L $10.56
23-0125-52 WILKINSON CLIFFORD L $217.95
23-0171-58 WOOD LOUIS A JR $5.00
23-0185-05 WRIGHT HENRY B $6.52
24-0005-02 XENOPOULOS ATHENA M $140.02
25-0005-56 YATES PETER V $75.06
26-0020-65 ZAWACKI FRANKLIN G $7.61
$30,507.58
V. CHECK SUMMARY REPORT
1. APRIL, 2009
Tourgee moved to approve the minutes of the April 8, 2009 meeting. Butler seconded.
VOTED: Butler – aye, Tourgee – aye, Waltonen – abstain, Woloohojian – abstain, Stewart –
aye.
Stewart corrected the following vote from the April 27, 2009 meeting as follows:
Tourgee moved to take $100,000 from the reserve fund, $200,000 from open space.
Waltonen seconded. VOTED: Butler – aye, Tourgee – aye, Waltonen – aye, Woloohojian –
aye, Stewart – aye. Corrected voted: Open space – Stewart – aye; reserve fund – Stewart –nay.

Tourgee moved to approve the minutes of the April 27, 2009 meeting as corrected.
Stewart seconded. VOTED: Butler – aye, Tourgee – aye, Waltonen – abstain, Woloohojian –
aye, Stewart – aye.
OLD BUSINESS
REQUEST FOR ZONING MAP CHANGE – THAYDEN & LINDA WALTONEN, PLAT
6, LOT 13-1, 389 MISHNOCK ROAD – CONTINUE TO JULY 8, 2009 (Or later)
Tourgee moved to continue the hearing on this matter until July 8, 2009. Stewart seconded.
VOTED: Butler – aye, Tourgee – aye, Waltonen – abstain, Woloohojian – aye, Stewart – aye.
NEW BUSINESS
APPOINTMENT OF HIGHWAY SUPERVISOR
Tourgee moved to appoint Claude H. Wright as Highway Supervisor for a term of 2 years
retroactive from October 8, 2009. Stewart seconded. VOTED: Butler – aye, Tourgee – aye,
Waltonen – aye, Woloohojian – aye, Stewart – aye.
AWARDING OF BID FOR LIQUID BITUMINOUS MATERIALS AND SERVICES
Waltonen moved to award the bids for Liquid Bituminous Materials and Services as
recommended by the Highway Supervisor as follows. Woloohojian seconded. VOTED: Butler
– aye, Tourgee – aye, Waltonen – aye, Woloohojian – aye, Stewart – aye.
T. Miozzi, Inc.
FULL DEPTH PAVEMENT RECLAMATION WITH VIBRATORY COMPACTION
AND
LIQUID CALCIUM CHLORIDE
$ 1.50 PER SQUARE YARD
CLASS I, TYPE I-1 BITUMINOUS CONCRETE LEVELING AND OVERLAY MIX
IN PLACE
$54.34 PER TON
CLASS 1, TYPE I-I BITUMINOUS CONCRETE F.O.B. PLANT
$54.34 PER TON
Dosch-King Co., Inc.
EMULSIFIED ASPHALT STONE SEAL CRS2-L WITH 3/8" QUARRY STONE
$1.57 PER SQUARE YARD
RHODE ISLANDERS FOR FAIR ELECTIONS
Isaac Jabola-Carolus explained legislation before the General Assembly, the Rhode Island Public
Financing of Elections Act, which would provide a voluntary system for full public financing of
elections.

Stewart moved to adopt the following resolution. Waltonen seconded.
VOTED: Butler – aye, Tourgee – aye, Waltonen – aye, Woloohojian – aye, Stewart – aye.
Resolution
SUPPORTING THE PROPOSED RHODE ISLAND PUBLIC FINANCING OF ELECTIONS ACT
TO CREATE A VOLUNTARY SYSTEM FOR FULL PUBLIC FINANCING OF ELECTIONS
WHEREAS: The system of private campaign financing places a significant disconnect between voters
and candidates, by forcing candidates to spend more time fundraising than with voters, and
WHEREAS: This disconnect has led to a steady decline in voter turnout across Rhode Island, and
WHEREAS: The current system of partial public financing of elections has proved to be insufficient for
providing meaningful support to candidates for public office who lack the financial means to run a viable
campaign, and
WHEREAS: Dependence on private donations to political campaigns may have an adverse influence
on the policy-making process, and
WHEREAS: In a privately financed system of elections, large donations to political campaigns come
with the expectation of reciprocation, which can confuse legislators' decisions.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF WEST GREENWICH,
RHODE ISLAND AS FOLLOWS:
Section 1: The Town Council of the Town of West Greenwich hereby voices its support of the
proposed legislation before the General Assembly, the Rhode Island Public Financing of Elections Act,
which would provide a voluntary system for full public financing of elections.
Section 2: Copies of this resolution may be referred to or reproduced for the literature of the Rhode
Islanders for Fair Elections coalition.
Section 3:
This resolution shall take effect upon its passage.
RHODY ROVERS – MOTORCYCLE EVENTS
JUNE 28, 2009 – BOB LEYDEN MEMORIAL RALLY
JULY 18 & 19, 2009
Mr. Wayne Derby and Mr. Rick Seymour of the Rhody Rovers were present.
Waltonen moved to grant the request of the Rhody Rovers Motorcycle Club to hold the
following events:
1. Bob Leyden Memorial Rally on June 28, 2009
2. Rally on July 18 & 19, 2009

A copy of a $1,000,000.00 liability insurance policy naming the Town of West Greenwich as an
insured party is to be delivered to the Town Clerk’s office before each event is held.
Woloohojian seconded. VOTED: Butler – aye, Tourgee – aye, Waltonen – aye, Woloohojian –
aye, Stewart – aye.
FIRST READING – ORDINANCE REGARDING ILLICIT DISCHARGE DETECTION
AND ELIMINATION
Town Planner Jennifer Paquet explained the proposed ordinance which was a component of the
Stormwater Management Plan. Other sources of pollution were discussed.
Woloohojian moved first reading of the following ordinance. Tourgee seconded. VOTED:
Waltonen – aye, Butler – aye, Tourgee – aye, Woloohojian – aye, Stewart – aye.
PROPOSED ILLICIT DISCHARGE STORM WATER ORDINANCE
In order to comply with the Illicit Discharge Detection and Elimination requirements of
RIPDES Permit No. RIR040029 (West Greenwich coverage under the General Permit)
Sec. 1 Purpose.
Contaminated storm water runoff is a major cause of impairment of water quality in
lakes, ponds, streams, rivers, wetlands, and groundwater; contamination of drinking
water supplies; and alteration or destruction of aquatic and wildlife habitat. Regulation of
illicit connections and discharges to the municipal storm drain system is necessary for
the protection of Town water bodies and groundwater, and to safeguard the public
health, safety, welfare, and the environment.
The objectives of this ordinance are:
1. to prevent (or reduce to the maximum extent practicable) pollutants from entering the
Town owned storm drainage system;
2. to prohibit illicit connections and unauthorized discharges to the storm water
drainage system;
3. to require the removal of all such illicit connections and discharges;
4. to comply with state law and federal statutes and regulations relating to storm
water discharges; and
5. to set forth the legal authority and procedures to carry out all inspection, detection,
monitoring, and enforcement activities necessary to ensure compliance with this
ordinance.
Sec. 2 Authority.
This ordinance is promulgated pursuant to the Rhode Island Department of
Environmental Management’s (“DEM”) General Permit Rhode Island Pollutant
Discharge Elimination System Storm Water Discharge from Small Municipal Separate
Storm Sewer Systems and from Industrial Activity at Eligible Facilities Operated by
Regulated Small MS4s (“MS4 General Permit”) and in accordance with the
Administrative Procedures Act, R.I.G.L. 42-35-1, et seq.

Sec. 3 Definitions.
The following words, terms and phrases, when used in this ordinance, shall have the
meanings ascribed to them in this section:
Allowable Non-Storm Water Discharges- Discharges not comprised of storm
water are allowed under the MS4 General Permit Part I.B.3 but are limited to the
following, provided these are not significant contributors of pollutants to the MS4:
discharges which result from the washdown of vehicles at retail dealers selling new and
used automobiles where no detergents are used and individual residential car washing;
external building washdown where no detergents are used; the use of water to control
dust; fire fighting activities; fire hydrant flushings; natural springs; uncontaminated
groundwater; dechlorinated pool discharges; air conditioning condensate; lawn
watering; potable water sources including waterline flushings; irrigation drainage;
pavement washwaters where spills or leaks of toxic or hazardous materials have not
occurred (unless all spilled materials have been removed) and where detergents are not
used; discharges from foundation or footing drains where flows are not contaminated
with process materials such as solvents, or contaminated by contact with soils where
spills or leaks of toxic or hazardous materials have occurred; uncontaminated utility
vault dewatering; dechlorinated water line testing water; hydrostatic test water that does
not contain any treatment chemicals and is not contaminated with process chemicals.
Best Management Practices (BMPs)- Schedules of activities, prohibitions of
practices, general good house keeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices; and structures,
to prevent or reduce the discharge of pollutants directly or indirectly to storm water,
receiving waters, or storm water conveyance systems. BMPs also include treatment
practices, operating procedures, and practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw materials storage.
Clean Water Act (CWA)- The federal Water Pollution Control Act (33 U.S.C. §
1251 et seq.), and any subsequent amendments thereto.
Construction Activity- Activities subject to RIPDES Construction Permits, which
includes construction projects resulting in land disturbance of one acre or more; and
activities resulting in land disturbance of less than one acre which are subject to
Planning Board approval. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
Director means the Director of Public Works, or his authorized deputy,
agent or representative.
Discharger- Any person who causes, allows, permits, or is otherwise
responsible for a discharge, including, without limitation, any operator of a
construction site or industrial facility.
Hazardous Material- Any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical, chemical,
radioactive, or infectious characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise
managed.

Illicit Connection- An illicit connection is defined as either of the following:
• Any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the storm drain system including but not
limited to any conveyances which allow any non-storm water discharge
including sewage, process wastewater, and wash water to enter the storm
drain system and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by the Director, or,
• any drain or conveyance connected from a commercial or industrial land
use to the storm drain system which has not been documented in plans,
maps, or equivalent records and approved by the Director .
Illicit Discharge- Any direct or indirect discharge to a municipal storm drainage
system that is not composed entirely of storm water, except discharges pursuant to a
RIPDES permit (other than the RIPDES permit for discharges from the municipal
separate storm sewer) and discharges resulting from fire fighting activities. Illicit
discharges include, but are not limited to, discharges in the form of: illegal dumping,
hazardous waste/material spills, sewage and wastewater, construction waste, building
material, truck washout, litter, and those allowable storm water discharges found to be a
significant contributor of pollutants to the MS4.
Industrial Activity- Activities subject to RIPDES Industrial Storm Water Permits as
defined in RIPDES Rule 31 (b) (15).
Municipal Separate Storm Sewer System (MS4)- A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, natural and man-made channels, piped storm drains, retention
and detention basins, and other drainage structures), owned or operated by the Town,
or proposed for ownership or operation by the Town, and designed or used for
collecting or conveying storm water, and that is not used for collecting or conveying
sewage. (Also known as the ‘storm drainage system’.)
Non-Storm Water Discharge- Any discharge to the storm drain system, or that
has the potential to enter the storm drain system, that is not composed entirely of storm
water.
Operator- The party or parties that either individually or taken together
have the day-to-day operational control over the facility activities and the ability
to make modifications to such activities.
Owner- The party or parties that either individually or taken together has
legal title to any premise.
Person- Any individual, association, organization, partnership, firm, corporation
or other entity recognized by law and acting as either the owner or as the owner's agent.
Pollutants- Anything that causes or contributes to pollution. Pollutants may
include, but are not limited to: paints, varnishes, and solvents; oil and other automotive
fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish,
garbage, litter, or other discarded or abandoned objects and accumulations, so that

same may cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal and pet wastes; soil, sediment/ fines resulting
from land disturbing activities; wastes and residues that result from constructing a
building or structure; and noxious or offensive matter of any kind.
RIPDES- Rhode Island Pollution Discharge Elimination System means the
Rhode Island system for issuing, modifying, revoking and reissuing, terminating,
monitoring, and enforcing point source discharge permits and imposing and enforcing
pretreatment requirements pursuant to Title 46, Chapter 12 of the General Laws of
Rhode Island and the Clean Water Act.
Storm Water- Any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, and resulting from such precipitation.
Storm Water Management Program Plan (SWMPP)- the municipal document
describing a program to reduce the discharge of pollutants from the MS4 to the
maximum extent practicable, protect water quality, and satisfy the water quality
requirements of the Federal Clean Water Act and Rhode Island Water Quality
Standards; and which includes the following six minimum control measures: Public
Education and Outreach, Public Involvement/ Participation, Illicit Discharge Detection
and Elimination, Construction Site Storm Water Runoff Control, Post Construction
Storm Water Management, and Pollution Prevention and Good House Keeping in
Municipal Operations.
Storm Water Pollution Prevention Plan (SWPPP)- A document which describes
the Best Management Practices and activities to be implemented by a person or
business to identify sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to storm water, storm water conveyance
systems, and/or receiving waters to the maximum extent practicable.
Watercourse- A natural or man-made surface drainage channel or body of
water (including a lake or pond) through which a water flow occurs, either
continuously or intermittently.
Waters of the State- Surface and ground waters within the boundaries of the State of Rhode
Island and subject to its jurisdiction.
Sec. 4 Discharge Prohibitions.
(a) Prohibition of Illicit Discharges
No person shall throw, drain, or otherwise discharge or cause to be discharged into the
municipal storm drainage system or watercourses any pollutant or non-storm water
discharge unless such a non-storm water discharge is outlined in Part I.B.3 of the MS4
General Permit as an Allowable Non-Storm Water Discharge, or is authorized by a
specific RIPDES permit. The allowable non-storm water discharges are permitted if
deemed not to be a significant contributor of pollutants to the municipal storm drainage
system. Allowable non-stormwater discharges will not be permitted under any

circumstance when said discharge adversely affects a municipal right-of-way or
stormwater system.
Reports of illegal dumping, hazardous waste and material spills, and other complaints
will be investigated under the purview of this ordinance, and Ordinance No. 28, and
other applicable State and Federal laws.
The commencement, conduct, or continuance of any illicit discharge to the storm
drainage system is prohibited.
(b) Prohibition of Illicit Connections
The construction, use, maintenance or continued existence of illicit connections to the
municipal storm drain system is prohibited. This prohibition expressly includes, without
limitation, illicit connections made in the past, regardless of whether the connection was
permissible under law or practices applicable or prevailing at the time of connection.
A person is considered to be in violation of this ordinance if the person connects a line
conveying sewage to the MS4 or any watercourse, or allows such a connection to
continue.
Improper connections in violation of this ordinance must be disconnected, and if
necessary, redirected to an approved onsite wastewater management system upon
approval of the RIDEM, or to the sanitary sewer system.
Sec. 5 Right of Entry.
Entry to Perform Duties Under this Ordinance.
To the extent permitted by State law, or if authorized by the owner or other party in
control of the property, the Director, and/or his designees may enter upon privately
owned property for the purpose of performing their duties under this ordinance and may
make or cause to be made such inspections, surveys, testing, or sampling as the
Director deems reasonably necessary.
Sec. 6 Inspections and Monitoring.
The Director shall be permitted, upon the presentation of credentials and other documents as may
be required by law, to:
1. Enter the dischargers premise(s) where a regulated activity is conducted, or where
records must be kept related to storm water compliance;
2. Have access to and copy, at reasonable times, any records related to storm water
compliance;
3. Inspect at reasonable times any equipment, practices, or operations related to storm
water compliance; and

4. Take samples, perform testing, or monitor any substances or parameters at any
location, at reasonable times, for the purposes of assuring compliance with this ordinance
or as otherwise authorized by the CWA or R.I. law.
5. Require that the owner or occupant of the property locate any drain or conveyance that
has not been documented in plans, maps or equivalent, and which may be connected to
the storm drain system; and to identify the drain or conveyance as storm drain, sanitary
sewer, or other, and that the outfall location or point of connection to the storm drain
system, sanitary sewer system or other discharge point be identified. Results of these
investigations are to be documented and provided to the Director.
Sec. 7 Suspension of MS4 Access
(a) Suspension due to Illicit Discharges in Emergency Situations.
The Director may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened non-storm water
discharge which presents or may present imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the MS4 or Waters of the
State. If the violator fails to comply with a suspension order issued in an emergency, the
Director may take such steps as deemed necessary to prevent or minimize damage to
the MS4 or Waters of the State, or to minimize danger to persons.
(b) Suspension due to the Detection of Illicit Discharge.
Any person discharging to the MS4 in violation of this ordinance may have their MS4
access terminated if such termination would abate or reduce an illicit discharge. The
Director will notify a violator of the proposed termination of its MS4 access. A person
commits an offense if the person reinstates MS4 access to premises terminated
pursuant to this Section, without the prior approval of the Director.
Sec. 8 Requirement to Secure a RIPDES Permit
The Director shall refer to RIDEM all non-storm water discharges not authorized in
accordance with Part I.B.3 of the MS4 General Permit or by a specific RIPDES Permit,
which the Director has deemed appropriate to continue discharging to the MS4, for
consideration of an appropriate permit.
Sec. 9 Industrial and Construction Activity Discharge.
Any person subject to an industrial or construction activity RIPDES storm water
discharge permit shall comply with all provisions of such permit. Proof of compliance
with said permit may be required in a form acceptable to the Director prior to the
allowing of discharges to the MS4, or as a condition of a subdivision map, site plan,
building permit, or development or improvement plan.
Sec. 10 Requirement to Prevent, Control and Reduce Storm Water Pollutants by the use of Best
Management Practices.

In an attempt to prevent, control, and reduce storm water pollutants, any person
engaged in activities or operations, or owning facilities or property which will or may
result in pollutants entering storm water, the storm drainage system, or waters of the
State shall develop and implement, at their own expense, a Storm Water Pollution
Prevention Plan prescribing Best Management Practices to the extent they are
technologically achievable to prevent and reduce such pollutants. The owner or
operator of a commercial or industrial establishment shall provide reasonable protection
from accidental discharge of prohibited materials or other wastes into the municipal
storm drain system or watercourses. Facilities to prevent accidental discharge of
prohibited materials or other wastes shall be provided and maintained at the owner or
operator's expense.
Sec. 11 Watercourse Protection.
Every person owning property through which a watercourse passes, or such person's
lessee, shall keep and maintain that part of the watercourse within the property
reasonably free of trash, debris, discarded vegetation, and other obstacles that would
pollute, contaminate, or significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned structures within or
adjacent to a watercourse, so that such structures will not become a hazard to the use,
function, or physical integrity of the watercourse.
Sec. 12 Notification of Spills.
Notwithstanding other requirements of law, as soon as any person responsible
for a facility or operation, or responsible for emergency response for a facility or
operation has information of any known or suspected release of materials which
are resulting or may result in unauthorized discharges or pollutants discharging
into storm water, the storm drain system, or waters of the State from said facility,
said person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such a release of a hazardous
material said person shall immediately notify emergency response officials of the
occurrence via emergency dispatch services (911). In the event of a release of
non-hazardous materials, said person shall notify the Director no later than the
next business day. Notifications in person or by phone shall be confirmed by
written notice addressed and mailed to the Director within two (2) business days
of the phone notice. If the discharge of prohibited materials emanates from a
commercial or industrial establishment, the owner or operator of such
establishment shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained for at least
three years. Nothing in this section shall preclude any owner/lessee from
compliance with relevant provisions of the Rhode Island Clean Water Act, R.I.G.L.
46-12-1, et seq. or other applicable laws or regulations.

Sec. 13 Enforcement.
Notice of Violation: Whenever the Director finds that any person has violated a
prohibition or failed to meet a requirement of this Ordinance, the Director may order
compliance by written notice of violation to the land owner and/or responsible person.
Such notice may require without limitation:
1. The performance of monitoring, analyses, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination
hazards and the restoration of any affected property; and
5. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the notice
shall set forth a deadline within which such remediation or restoration must be
completed. Said notice shall further advise that, should the violator fail to remediate or
restore within the established deadline, the work will be done by a designated
governmental agency or a contractor and the expense thereof shall be charged to the
violator.
Sec. 14 Administrative Orders.
The Director is authorized to issue the following administrative orders at any time he/
she deem such action appropriate to secure timely and effective compliance with this
Ordinance or a discharge permit or order issued pursuant to this Ordinance, whether or
not any previous notifications of violation have been provided to the user.
A. Cease and Desist Order: The Director may issue an order to cease and desist
a violation or an action or inaction which threatens a violation and to direct the
user to comply forthwith or to take such appropriate remedial or preventive action
as may be needed to properly address the violation or threatened violation,
including halting operations and terminating the discharge.
B. Consent Order: The Director may enter into consent orders, assurances of
voluntary compliance, or other similar documents establishing an agreement with
a user. Such orders shall include specific actions to be taken by the user and
specific time frames to correct a violation or to remove the threat of a violation. A
consent order may also direct that a user provide improved operation and
maintenance of existing discharge facilities, conduct additional self-monitoring, or
submit appropriate reports or management plans.
Sec. 15 Abatement by Town [NEW SECTION: I know we really don’t want have to
get involved in this, but the next section makes no sense without this section**]
If the violation has not been corrected pursuant to the requirements set forth in the
Notice of Violation, than the Town or a contractor designated by the Director shall enter
upon the subject private property and is authorized to take any and all measures

necessary to abate the violation and/or restore the property. It shall be unlawful for any
person, owner, agent or person in possession of any premises to refuse to allow the
Town or designated contractor to enter upon the premises for the purposes set forth
above.
Sec. 16 Cost of Abatement of the Violation.
Within thirty days after abatement of the violation by or under the direction of the
Director, the owner of the property will be notified by the enforcement agency or
municipality of the cost of abatement, including administrative costs. If the
amount due is not paid within a timely manner as determined by the Director, the
charges shall become a special assessment against the property and shall
constitute a lien on the property for the amount of the assessment. Any person
violating any of the provisions of this section shall become liable to the Town by
reason of such violation. The liability shall be paid in not more than 12 equal
payments. Interest at the rate of 12 percent per annum shall be assessed on the
balance beginning on the first day following discovery of the violation.
Sec. 17 Injunctive Relief.
It shall be unlawful for any person to violate any provision or fail to comply with
any of the requirements of this Ordinance. If a person has violated or continues
to violate the provisions of this ordinance, the Director may petition for a
temporary, preliminary, or permanent injunction restraining the person from
activities which would create further violations or compelling the person to
perform abatement or remediation of the violation.
Sec. 18 Violations Deemed a Public Nuisance.
In addition to the enforcement processes and penalties provided, any condition
caused or permitted to exist in violation of any of the provisions of this Ordinance
is a threat to public health, safety, and welfare, and is declared and deemed a
nuisance, and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken by the Town.
Sec. 19 Criminal Prosecution.
Any person that has violated or continues to violate this Ordinance shall be liable to
criminal prosecution to the fullest extent of the law, and shall be subject to a criminal
penalty of $500 dollars per violation per day and/or imprisonment for a period of time
not to exceed five (5) days.
The Director may recover all attorney's fees, court costs, and other expenses
associated with enforcement of this Ordinance, including sampling and
monitoring expenses.

Sec. 20 Remedies Not Exclusive.
The remedies listed in this ordinance are not exclusive of any other remedies
available under any applicable federal, state, or local law and it is within the
discretion of the authorized enforcement agency to seek cumulative remedies.
Mary Kaltschnee thanked the Mishnock Rescue for their assistance.
The following item that was removed from the Consent Agenda was considered:
1. LAKE MISHNOCK FIRE DEPARTMENT
MAY 7, 2009
RE: DAYTIME RESPONSE OF WG RESCUE 2 AND ENGINE 21
Butler read a letter received from Lake Mishnock Fire Dept. which noted that there was no need
for West Greenwich Rescue 2 and Engine 21 to run during the day when Mishnock was handling
the calls.
Waltonen moved to send a letter to the Board of Engineers stating that The Council feels that
unless mutual aid is called for there is no need to duplicate services provided by West Greenwich
Rescue 2 and Engine 21 during the day on calls being handled by Lake Mishnock Rescue, citing
wear and tear on vehicles, fuel costs, possibility of accidents and lack of coverage for the West
end of town. Tourgee seconded. VOTED: Butler – aye, Tourgee – aye, Waltonen – aye,
Woloohojian – aye, Stewart – aye.
APPOINTMENTS – PLANNING BOARD
Tourgee moved to reappoint Mark D. Boyer as a member of the Planning Board for a 5 year term
and to reappoint William Lepak and William G. Bryan as alternate members of the Planning
Board for 1 year terms. Woloohojian seconded. VOTED: Butler – aye, Tourgee – aye,
Waltonen – aye, Woloohojian – aye, Stewart – aye.
APPOINTMENTS – ZONING BOARD

Woloohojian moved to reappoint Richard Freeman as a member of the Zoning Board for a 5 year
term and to reappoint Charlotte Jolls and Gilbert W. Rathbun, Jr. as alternate members of the
Zoning Board for 1 year terms. Tourgee seconded. VOTED: Waltonen – aye, Tourgee – aye,
Butler – aye, Andrews – aye, Woloohojian – aye.
APPOINTMENT OF GIS LIAISON TO RI E-911
Woloohojian moved to appoint Karen Y. Blackwell as the GIS Liaison to RI E-911.
Waltonen seconded. VOTED: Butler – aye, Tourgee – aye, Waltonen – aye, Woloohojian –
aye, Stewart – aye.
CONSIDERATION OF RAISING FEE FOR TRANSFER STATION PERMIT
Discussion was held on the raising the fee for the transfer station permit.
Waltonen moved to set the fee for the transfer station permit at $50 for a 2 year permit.
Woloohojian seconded. VOTED: Butler – aye, Tourgee – aye, Waltonen – aye, Woloohojian –
aye, Stewart – aye.
APPOINTMENT TO EXETER-WEST GREENWICH BUILDING COMMITTEE
Butler explained that the previous appointee was unable to serve and Jim Bell had volunteered to
serve on this committee.
Waltonen moved to appoint Jim Bell to the Exeter West Greenwich Building Committee.
Tourgee seconded. VOTED: Butler – aye, Tourgee – aye, Waltonen – aye, Woloohojian – aye,
Stewart – aye.
PUBLIC FORUM
Mr. Lee Kisssinger questioned changing the charter for the school district. Stewart noted that the
school district was seeking people to service on a charter change commission. Mr. Kissinger
noted he was willing to serve on that commission.
Mr. James Dunford noted that a proposal had been made by Rep. Constantino to have 5 school
districts in the state. He noted that the size of one school district in Florida was the same size as
that of the State of Rhode Island.
Mrs. Andrews questioned the repairs to the wheelchair lift at the library.
EXECUTIVE SESSION – PURSUANT TO RIGL 42-46-5,A, 1, 2 - PERSONNEL &
LITIGATION & COLLECTIVE BARGAINING
Woloohojian moved to go into Executive Session pursuant to RIGL 42-46-5, a, 1 & 2 for matters
of personnel and litigation at 8:51 p.m. Tourgee seconded. VOTED: Waltonen – aye, Butler –
aye, Tourgee – aye, Woloohojian – aye, Stewart – aye.

Tourgee moved to come out of Executive Session and seal the minutes at 10:15 p.m. except for
the following matter:
Woloohojian moved that after consideration of letters and testimony from Animal
Control Officer Michele Johnson and Town Administrator Kevin Breene the West
Greenwich Town Council will take no further action on this matter and will direct the
Chief of Police that all activities related to Animal Control Officer fall under the
jurisdiction of the Chief of Police. Tourgee seconded. VOTED: Butler – aye, Tourgee –
aye, Waltonen –nay, Woloohojian – aye, Stewart – nay.
Woloohojian moved to adjourn at 10:15 p.m. Tourgee seconded. VOTED: Butler – aye,
Tourgee – aye, Woloohojian – aye, Stewart – aye. (Waltonen was not present for this vote.)
Janet E. Olsson, CMC
Town Clerk