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Residents raise questions about waste contract and potential liens; city manager says contract contains no lien provision

Portage City Council · October 7, 2025
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Summary

A resident asked whether the Waste Management contract allows the company to place liens on private property; City Manager Pat McGinnis told council the final contract does not contain language authorizing liens and that residents may opt out of service. Council asked staff to provide clearer public information about opt-out processes.

During public comment, resident Jay Woodhams asked the council to clarify whether the recently adopted Waste Management contract allows a private hauler to place a lien on a homeowner’s property for unpaid service charges and asked about opt-out options.

City Manager Pat McGinnis addressed the council later in the meeting, saying the final contract is a 14-page document in plain English, that earlier boilerplate language in solicitation materials had included lien language but staff had removed such provisions from the executed contract, and that "there's no way any lien could be placed on any private property" through the city's contract. McGinnis also said residents can opt out of the City’s single-hauler program and are not compelled to use the contracted service.

Councilmembers asked for public-facing clarification so residents can understand what the contract does and does not authorize. The council did not take formal action on the waste contract at this meeting beyond the earlier adoption; the city manager offered to share the 14-page executed contract with interested residents and to prepare explanatory language for public distribution.

Separately, McGinnis described plans to address Jack and Jill and other requests to harvest downed trees after the May 2024 tornado: the city will let a contractor collect and secure about 10 full cords of wood to be made available at the city compost yard for residents, and staff are developing waiver-based volunteer procedures for supervised wood collection.