Dewey reviewing legal counsel options

Dewey Beach Council voted at a special meeting May 29 to seek letters of interest for its legal representation. Mayor T.J. Redefer cast the deciding vote in support of the action.

The meeting was called after current Town Solicitor Fred Townsend sent a letter to commissioners informing them he was changing law firms. Previously with Schmittinger and Rodriquez of Dover, Townsend now works at Hudson, Jones, Jaywork & Fisher's Lewes office. He will be asked to submit a letter of interest on behalf of his new firm.

Commissioner Paul Bauer made the motion to solicit letters of interest while retaining Fred Townsend as counsel in the interim. "We need to get our arms tightly around our legal expenses," he said. "I don't think it's wrong to solicit fresh ideas and see where we're at." Commissioner Dale Cooke disagreed with the motion.

"All expenses for attorneys were made at the insistence of commissioners, not attorneys," he said. "To turn it around and insinuate it's our present law firm attorney's fault for not suggesting otherwise would be a stain on the town. We should take the blame, not someone else." Cooke apologized for missing council's executive session prior to the open session but said he saw no reason to replace Townsend.

"I haven't heard any valid reason or any problems with our attorney," he said. "I know there's a general feeling we should start new, but there are no specifics on any problems with our present attorney. It's probably a mistake to start looking again. We've gotten rid of attorneys for a lot of crazy reasons."

Commissioner Courtney Riordan seconded Bauer's motion. "Issues were brought up at executive session," he said. "We spent a lot of money on litigation the last six years. It's a good reason to take the opportunity to look around and find out how to keep costs under control."

Mayor T.J. Redefer also weighed in: "The motion is not a condemnation of Fred or the previous firm. Fred has always had the best interests of the town, and has been instrumental in giving me the history I need the past seven to eight months."

Commissioner Gary Persinger voted against the motion. "I am very confident with Fred," he said. "We have spent a lot in legal fees, but not because of Fred. We've had a lot of issues to deal with. Last summer's events put us on an unavoidable course. Legal proceedings were necessary to dispose of problems we were faced with. To suggest a fast-pass replacement sends the wrong signal."

Persinger was referencing the town's unexpected $400,000 in lawsuit legal fees in 2017. Fees included a $100,000 deductible the town had to pay before the town's insurance carrier began paying for legal fees; $122,000 to settle a lawsuit filed by former Commissioner Rich Hanewinckel against former Town Manager Marc Applebaum, former Mayor Diane Hanson and the town; and administrative costs, including a $100,000 buyout to Applebaum.

"We talk a lot and revisit history," Persinger said. "We have some different views around this table, and it's my hope that we can get beyond that as soon as possible. I don't want people thinking we're throwing out the old. We need to concentrate on moving forward and stop revisiting history."

Redefer eventually voted for the motion, but said he hoped the search would run until council's September 22 organizational meeting, which follows the Dewey Beach Municipal Election September 15.

"You can palpably feel the emotions in this decision, and I want us to resolve any conflict," he said. "But our history is an important part of moving forward."