Portsmouth council fails to repeal curbside collection ordinance after tie vote

At a Portsmouth Town Council meeting, a motion to repeal ordinance number 2024-11-12 (Chapter 3.26, Solid Waste, Article 7 — curbside collection and transport of residential refuse, recyclables, yard waste and bulky waste) failed after a 3-3-1 vote.

Councilor Gleeson moved to repeal the ordinance, saying he had “never been in support of the curbside ordinance” and that he objected to the town prescribing a single curbside hauler. Councilor Dave Rees seconded the motion.

The debate that followed included competing policy concerns. Councilor Dave Rees argued for consumer choice: “Well, I think people should have a freedom of choice. And I, as an individual, do not feel I have the right to take away my neighbor's freedom of choice.” He said many constituents oppose the ordinance but support the townwide contract if the cost is competitive.

Council President (name not specified) said the council had spent an hour and a half in an executive session with legal counsel earlier and expressed concern that repealing the ordinance and adopting a nonexclusive contract could invite short-term “teaser” rates from private haulers and ultimately increase costs to the town. The president said, “I don't see how this council could vote to repeal this ordinance based on the conversation we just had for the last hour and a half… I would hope this council would not take this vote.”

Councilor McDowell described the choice as difficult: “This by far has been the hardest vote I've ever taken,” she said, and said she would work to encourage sign-ups if the council kept the contract in place.

Councilor Payero raised concerns about legal and financial exposure if the council changed course: “If we deviate that, we're nagging on our ability to execute this contract… we're going to be held liable for whatever the damages are,” and warned that the town's intermunicipal insurance arrangements (referred to in the meeting as the Interlocal Trust) might not cover related claims.

After discussion, the council president called the question. The announced roll-call was: Councilor Payero, Councilor Blank and the Council President (name not specified) voted no; Councilor Gleeson, Councilor Dave Rees and Councilor Patton voted yes; Councilor McDowell abstained. The tally was recorded as three yes, three no and one abstention, so the motion to rescind the ordinance failed.

Because the motion to rescind failed, the council then moved to table the subsequent related agenda item (item number 2); that tabling motion passed by voice vote, 7-0.

Council members noted that the meeting had included a private session with legal counsel earlier in the evening and that no votes or final decisions were taken during that executive session. The council also received the Portsmouth Housing Authority annual report and voted to receive and place that report on file; the Housing Authority will present at the council's Feb. 10 meeting. Other items noted for the Feb. 10 meeting included an audit review, discussion of a memorandum of agreement for ball fields at Carpoint, and an executive session scheduled for 6 p.m.

Background: The ordinance at issue was enacted by the town council on 11/12/2024 and addresses townwide curbside collection and transport of residential refuse, recyclables, yard waste and bulky waste. During debate councilors discussed two central themes: (1) consumer choice and whether the town should limit residents to a single town-selected hauler, and (2) municipal financial risk, including possible liability and insurance coverage if the town changed procurement approach.

Votes at a glance: The motion to repeal ordinance 2024-11-12 (moved by Councilor Gleeson; seconded by Councilor Dave Rees) failed, 3-3-1. The motion to table the next related agenda item passed, 7-0. The council also voted to receive and place on file the Portsmouth Housing Authority annual report by voice vote (recorded as passing).