Portsmouth council holds extended public hearing on curbside trash ordinance, keeps ordinance in place and sets fees

PORTSMOUTH, R.I. — The Portsmouth Town Council on Jan. 13 heard more than two hours of public comment and extensive council debate over a November 2024 ordinance that would make the town’s curbside trash program mandatory for most households. Councilors debated whether to rescind the ordinance and weighed the financial and legal risks to the town if they did.

The council ultimately left the ordinance in place and directed staff to move forward with implementation steps, including setting fees for FY2026: a transfer-station annual sticker with the town’s pay-as-you-throw program was set at $290, and the town set the annual curbside fee for 96-gallon carts at $460 per household.

Why it matters: The ordinance shifts residential trash collection from a fully open market of private haulers and voluntary transfer-station use to a hybrid model in which most single-family homes would be enrolled in the town curbside contract while the transfer station remains available. Supporters said a single, town-led program can secure lower unit costs and reduce truck traffic; opponents warned the requirement limits consumer choice, risks concentrating market power, and could expose the town to litigation and multi-million-dollar contract claims.

What happened at the hearing - The council opened a public hearing on a proposed amendment to chapter 3.26, solid waste, article 5 (the November 12, 2024 ordinance). Members of the public, town staff, and the bidder awarded the curbside contract addressed the council. - Dozens of residents spoke for and against the ordinance. Supporters said a town program could reduce trucks on neighborhood streets, increase recycling rates and achieve lower per-household prices; several longtime transfer-station users said they would not return if pay-as-you-throw fees remained in place. Opponents cited loss of choice, uncertainty about projected enrollment, and the risk that rescinding the ordinance now could trigger costly litigation from the awarded bidder. - Mark Friel, attorney for MTG/Beacon Disposal (the low bidder), told the council the town’s procurement process and the RFP language created an enforceable agreement and that MTG had already incurred significant costs preparing to serve Portsmouth. “They don’t want a lawsuit,” Friel said. “They want the benefit of a five‑year contractual commitment…and to serve this town.” - Town staff answered detailed questions about the RFP, enrollment estimates, and operational details: the awarded contract’s core service included weekly trash, weekly recycling, and weekly yard-waste pickup (up to 15 bags), with two cart-size options discussed (65‑ and 96‑gallon). Staff also explained options for bulk-item pickup and communications plans for delays or service changes.

Council decision and fees - After debate, the council did not repeal the November ordinance and moved to implement program steps. The body adopted fee levels staff presented as the base for FY2026: the transfer-station annual sticker under the pay-as-you-throw configuration was set at $290 per household (motion passed 5–2), and the town approved a $460 annual charge for the curbside program using 95/96‑gallon carts (motion passed 7–0). Staff noted those rates were based on current enrollment projections, contract pricing and a range of cost splits between the transfer station enterprise fund and the new curbside enterprise fund.

Risk and next steps - Multiple councilors and residents raised the possible legal and fiscal exposure if the council were to rescind the ordinance now. Speakers warned that MTG has indicated it could seek damages for contract-related costs. Council members said the potential liability — discussed in public comments as a multiple‑hundred‑thousand to multi‑million‑dollar exposure — factored into their votes to retain the ordinance and proceed with implementation steps. - Staff said the town will continue outreach to encourage resident enrollment in whichever option residents choose, finalize contract execution and equipment orders, and begin operational rollout tasks. Staff also promised public-facing FAQs and communications on the town website to explain signup, bulk-item pickup procedures and how the town will notify households about delays or holidays.

Votes at a glance (key motions recorded on Jan. 13) - Motion to maintain the November 12, 2024 curbside ordinance (council considered and declined to repeal): Council left the ordinance in place (vote not recorded as a simple numeric tally in the public transcript; council proceeded to implementation steps described above). - FY2026 transfer‑station sticker (pay‑as‑you‑throw scenario): $290 annual — motion passed 5–2. - FY2026 curbside program fee (96‑gallon carts): $460 annual — motion passed 7–0. - Motion to close the public hearing on the ordinance and related proposals: passed 7–0.

What the council and bidders said (selected quotes) - Mark Friel, attorney for MTG/Beacon Disposal: “They don’t want a lawsuit. What they want out of this is the benefit of a five‑year contractual commitment that they are willing to make and to serve this town for the five years and perhaps longer.” - Town staff (public works/administration responses): staff described the contract’s weekly service levels (trash, recycling, yard waste) and said residents would be able to request bulk pickups for large items at a separate fee and would have access to individualized text/email notifications for service delays.

Context and background - The council awarded the curbside contract in May 2024 following a multi‑year RFP process and a 2022‑2024 series of council discussions on solid‑waste strategy. The enacted November 12, 2024 ordinance (chapter 3.26, article 5) established the requirement for town‑designated curbside service for most residences not using the transfer station; the Jan. 13 hearing was legally required before any repeal. - Staff and several councilors stressed that the program will be run as an enterprise fund (separate from the general fund) and that reported rates assume various enrollment scenarios; both transfer‑station and curbside pricing depend on how many households enroll in each option.

What residents said to watch for - Residents asked for clearer, accessible information on: (1) precisely which households are required to participate, (2) how bulk-item pickup will be scheduled and priced, (3) whether the town or contractor will provide extra help to seniors or disabled residents, and (4) how the town will respond to service failures. Town staff said they will publish an FAQ and continue public outreach ahead of implementation.

The council scheduled implementation steps and follow-ups. Staff will post FAQs and sign‑up information on the town website and continue coordination with the awarded contractor on equipment orders, outreach and rollout timing. The council also directed staff to continue refining cost splits and enrollment targets before full program launch.

Ending - The council’s choice to keep the ordinance in place while setting fees moves Portsmouth closer to implementing a town-run curbside program. Supporters framed the decision as an exercise in buying market scale and municipal oversight; opponents signaled they will continue to press for options that preserve individual choice and minimize fiscal risk to residents. The town will publish implementation details and a sign‑up process for households in coming weeks.