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Zipper use sought previously

by Alan Lewis Gerstenecker
| July 19, 2013 2:38 PM

Libby Mayor Doug Roll went around the City Council – and may have violated a city policy – when he decided to lease city-owned equipment to a local contractor last month. 

Members of the City Council said they were unaware that Mayor Doug Roll and Noble Excavating had struck a deal to allow the company to rent the city’s asphalt “Zipper” during June. According to the agreement, Noble was to provide in-kind services equaling $12,900 in exchange for use of the Zipper for one month. 

“The mayor didn’t ask because he had been denied before,” Councilman Allen Olsen said.

Olsen, who is running for mayor against  incumbent Roll, was more critical of the agreement than the rest of the City Council. However, Council members Barb Desch and Vicky Lawrence, who serve on the city Streets and Sidewalks Committee with Olsen, indicated that they were never consulted about the lease agreement. 

The Streets and Sidewalks Committee unanimously rejected a similar request to lease the Zipper to Noble Excavating last year when the company was working on a job in Anaconda. 

Lawrence, when asked about the meeting, at first couldn’t recall it, but later called back to say she recalled circumstances of the meeting.

“I don’t think it was so much a decision, as it was a discussion,” Lawrence said.

Desch, the committee chairwoman, who took notes, offered a further explanation.

“I do remember the meeting,” Desch said. “We were using (the Zipper) at the time on our alleys, trying to get a feel for working with it. We thought Anaconda was a long way to be taking it, so we decided this was not the time to let it go.”

The city has a policy that addresses use of city equipment, and it states “city owned or leased equipment shall be used for city business purposes only.” 

While Olsen is convinced that allowing a contractor to lease city equipment violates city policy, other city officials, defended the mayor’s decision and said Olsen misinterpreted the policy.

“It was a good agreement, and you reported it was legal,” Hammons said.

Roll also defended the decision by saying the city, with Noble’s in-kind help, got rid of an asphalt pile. Because of its oil base, the DEQ was concerned about the pile.

“We got a hell of a deal for getting that stuff out of there,” Roll said. 

Olsen’s assertion is that Roll bypassed the Street Committee because Roll felt committee members again would again reject the request.

However, Roll said that was just not true.

“Jim Hammons was there at that meeting (a year ago) on other business, and just asked on behalf of Noble,” Roll said. “Besides, any deal such as leasing the Zipper cannot be approved by a committee. It would have to come back to council anyway.”

Olsen said he is surprised to hear that from Roll.

“Hey, this deal, this most recent one, never came to the committee, and it was never voted on in council session,” Olsen said. “I found out by talking to a woman at Empire Foods. I had to call Barb Desch the next day to find out.”

Olsen said it doesn’t seem right that a private company should be allowed to use city-purchased equipment.

Desch, who learned about the lease agreement after the fact, said it was different this time becasue the Zipper was idle.

“No, I didn’t know about it,” Desch said.