HomeMy WebLinkAboutBoard of Selectmen Minutes December 13, 2010_201402061620170617BOARD OF SELECTMEN
Minutes of the Meeting of 13 December 2010. The meeting took place in the Court Room, Town
and County Building, 16 Broad Street, Nantucket, MA 02554. Members of the Board present were
Rick Atherton, Brian Chadwick, Michael Kopko, Patricia Roggeveen, and Whiting Willauer.
Chairman Roggeveen called the meeting to order at 5:01 PM.
LEGAL SERVICES REQUEST FOR QUALIFICATIONS (RFQ) RESPONDENTS INTERVIEWS.
Chairman Roggeveen reviewed the process for the interviews, welcomed all attendants, and noted
that public comment will not be entertained by the Board or the legal services respondents.
Deutsch Williams. Attorney Paul DeRensis reviewed the current Deutsch Williams contract and
said he feels other models do not work for Nantucket. Mr. DeRensis stated that he is recognized as
“one of the best there is” and was named a Super Lawyer in 2010. Mr. DeRensis introduced his
team present: attorneys Kim Saillant, Peter Berry, and Rich Hucksam, and then answered
questions from the Board. He noted that he does not charge for travel expenses, that Deutsch
Williams’ loyalty is first to the Board over other local boards and commissions, and that he feels
there is an advantage to having common counsel among the various boards and commissions. Ms.
Saillant, Mr. Hucksam, and Mr. Berry also answered questions from the Board and elaborated on
their areas of expertise.
Town of Barnstable. Attorney Ruth Weil said she feels there are many commonalities between
Barnstable and Nantucket, noting the Barnstable legal services model has worked successfully for
the past 29 years. Attorney Charlie McLaughlin noted that Barnstable’s model is unique as it allows
for an “open door policy” with its boards and constituents. He added that they are in the business of
“counseling rather than reacting”. Mr. McLaughlin said the Barnstable team plans to be on island
regularly. Attorney David Houghton reviewed the proposed fee structure for Nantucket, which
would be a flat rate of $250,000 spread among the Town and County. He added there would be no
charge for travel time but that they would seek reimbursement for travel and accommodation
expenses. The Barnstable team answered questions from the Board, noting that they propose a
one-year contract to see how it works out, that they can offer Nantucket a savings on legal
expenses, and they anticipate attending meetings on par with the current Town Counsel schedule.
They added that their representation does not include sewer, solid waste, cable television, or
nursing home issues, and other counsel will be required for those.
Kopelman and Paige, PC. Attorney Leonard Kopelman introduced his team present, consisting of
attorneys John Giorgio and Jack Dolan, and noted that Kopelman and Paige’s work is 98%
municipal law. He said he feels that Kopelman and Paige can provide cost effective legal services.
Mr. Kopelman added that his firm represents one-third of all cities and towns in Massachusetts. Mr.
Dolan and Mr. Giorgio expanded on the various services Kopelman and Paige can offer the Town.
Mr. Kopelman answered questions from the Board, noting that he plans on being Nantucket’s full-
time lead counsel, adding that the value of Kopelman and Paige is that the Town will not need
special counsel. He stated that he has never told a town he will be lead counsel and not delivered,
and that he plans on attending all meetings, sessions, and Town Meetings as requested. Mr. Dolan
noted that invoices are reviewed “thoroughly” at multiple levels before going out to avoid such
instances as double billing. Mr. Kopelman said he will use his travel time effectively by doing work
along the way and stated he would not charge for lodging accommodations when he is required to
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stay overnight on Nantucket. Mr. Kopelman stated that if his firm were chosen, he would work with
the incumbent law firm to ensure a “smooth, seamless transition”.
After the interviews concluded, Mr. Kopko said he would like the opportunity to digest the
information he heard tonight and to see a separate Wednesday night discussion scheduled. Mr.
Atherton noted he was “intrigued” by the idea of a combination of the Barnstable model, which he
likened to in-house counsel, and traditional town counsel. Mr. Chadwick said he is supportive of
delaying deliberation until December 15, 2010. Mr. Willauer noted that he is intrigued by Mr.
Kopelman’s proposal but that he would consider waiting to deliberate further until December 15,
2010. Chairman Roggeveen said she is ready to discuss the matter tonight and is “strongly
supportive” of Kopelman and Paige. She added that she felt Barnstable’s proposal was lacking in
some areas, and that Deutsch Williams did not “put their best foot forward”. Mr. Atherton said he
would like further analysis of the costs and suggested that the Town Manager conduct reference
checks on the respondents. Following further discussion among Board members, the Board
consensus is to add the matter to the 15 December 2010 agenda.
The meeting was unanimously adjourned at 8:05 PM.
Approved the 5th day of January, 2011.
BOARD OF SELECTMEN
13 DECEMBER 2010 – 5:00 PM
COURT ROOM, TOWN & COUNTY BUILDING
16 BROAD STREET
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
None.