Published on March 2, 2011

Scott Warthin, standing at the microphone, questions the cost of Derby Zoning Administrator Robert Kelley’s insurance coverage, as Mr. Kelley (seated to Mr. Warthin’s left) listens and Derby resident Frank Davis (right) checks out the figures in his town report. Photo by Joseph GresserDERBY LINE — A day-long storm that offered enough variety to fit out a weather salesman’s sample case kept the turnout at Derby’s Town Meeting below 80 voters.  Without an obvious focus for contention the crowd at the Derby Elementary School in Derby Line Monday evening was the smallest in years.

The voters who did turn out seemed to be generally content, passing the majority of articles and appropriations without opposition or discussion.

Selectmen Stephen Gendreau and Laura Dolgin were re-elected without opposition and the Derby Town School District budget was approved by a margin of 338 to 170.

In the only contested election on the ballot, Scott Bianchi defeated incumbent Cemetery Commissioner Barbara Frawley 281 to 205.

By the time the meeting was gaveled to a close, two hours after its start, Derby voters had agreed to spend $2,185,000 for town business, including $323,850 in appropriations.

The article that provoked the most discussion did not involve any spending at all.  Residents decided by voice vote to support a seven-year agreement between the town and a developer who hopes to build a Walmart in Derby.  There were partisans on both sides of the issue but no dispute when Moderator Richard Nelson called for supporters of the pact.

Some voters asked why the matter had not been voted by Australian ballot, so townspeople would have time to study the agreement.  Brian Smith, chairman of the Derby Selectmen, said he would have preferred to see it voted in that way.

The agreement, he said, only pledged the town to help Jeff Davis of Shattuck Hill Investments LLC to persuade Walmart to come to the area.  Mr. Smith said there are those in the state who don’t want any Walmarts in Vermont, particularly not in the Northeast Kingdom.

The purpose of the agreement, Mr. Smith said, was to assure Walmart of Derby’s support.  He said that after the retailer got halfway into the process of building a store there, “St. Albans said we want $2 million because we see you have money.”

Derby resident Scott Warthin worried about the length of the contract.  “If we vote you out of office, maybe because of your position,” he asked, would the town continue to be bound to assist Shattuck Hill Investments to build?

“I’d hope anyone who took this position would support a department store,” Mr. Smith responded.

Mr. Smith said that although a similar agreement between Shattuck Hill Investments and Newport provides for six years of annual $100,000 payments to the city, Derby did not ask for any mitigation fees.

He estimated that Derby will get about $44,000 a year in municipal taxes from the store, if it is ever built.

Allen Yale rose and said it cost about $1 million to extend the sewer line to the Walmart site.  It will take a long time to pay that cost back at $44,000 per year, he said.

Any taxes will be eaten up by the cost of providing police services, road work and snow plowing, he said.

Mr. Smith said the agreement was an expression of good faith for Walmart.  “If this vote goes down tonight, they will go away.”

Derby resident Gary Slawson introduced himself as an independent sales representative who does business with Walmart.

“If Walmart wanted to be here, they’d be here,” he said.

At one time Walmart was interested in coming to the Derby area, but when the economy was shaken several years ago, the company’s strategy changed, he said.  “They’re smart people,” Mr. Slawson said.

He said that if things change again and the retailer once again sets its sights on Derby, “My only concern is that we don’t give up the farm.”

Another matter that attracted voter attention was the cost of paving roads.  Along with a request in the selectmen’s budget for $105,000 to pay for hot mix and paving, a separate article asked for voter approval for $200,000 for paving roads.

Mr. Warthin asked early in the meeting which roads were paved using the $350,000 approved for the purpose in 2010.

“I have no idea,” Mr. Smith replied.

The article containing the $200,000 request was postponed for the arrival of Stephen Gendreau, who is both a selectman and road commissioner.  Mr. Gendreau was checking on his crew’s efforts to clear town roads.

Before leaving the subject Mr. Nelson asked Mr. Warthin if he wanted his road paved.

“Not on your tintype,” Mr. Warthin responded.

When Mr. Gendreau arrived it became clear that Mr. Warthin’s main interest was making sure that the town paved only its more urban roads.  Mr. Gendreau said his plans called for continuing projects that had already been started and those did not include paving outlying roads.

Mr. Warthin also questioned the cost of Derby Zoning Administrator Robert Kelley’s health insurance.

Mr. Kelley’s health and life insurance policies, he said, cost $16,112, almost as much as the amount spent for the three employees of the town clerk and treasurer’s office.

Mr. Smith said that Mr. Kelley negotiated a deal when he was hired.

“Bob Kelley gets to choose his insurance, but everyone else has to take what’s offered?” Mr. Warthin asked.

He then pointed out that Mr. Kelley gets a much higher salary than does Nicole Daigle, Derby’s town clerk and treasurer.

“We have an appointed officer who gets $76,000 and an elected clerk who gets $38,000?” Mr. Warthin asked.

“That’s correct.  Bob Kelley works a lot of hours and does a very good job,” Mr. Smith replied.

“It’s just a lot of money,” said Mr. Warthin.

“Yes, it is,” said Mr. Smith.