By Glenn Rolfe

GEORGETOWN — A contentious primary race among Republicans in Sussex County Council’s 5th District will be decided Tuesday, with the winner facing Democrat Billy Edwards in November.

The contest between challenger R. Keller Hopkins, a member of the county’s Planning & Zoning Commission, and first-term incumbent John Rieley has spawned allegations of conflict of interest, questions of integrity and a petition.

On Thursday, two days after 3rd District Councilman Mark Schaeffer asked Councilman Rieley to consider resigning amid concern over dirt trucked free of charge to the Rieley farm, near Millsboro, Councilman Rieley fired back, presenting evidence he says links Mr. Hopkins’ Planning & Zoning voting record and projects for his business, Hopkins Construction.

“We’ve found Keller has been approving developments and then accepting contracts to work there,” said Councilman Rieley. “He absolutely should have recused himself in each of those instances or declined to take contracts to work there.”

Delaware Department of Natural Resources and Environmental Control data and Planning & Zoning minutes show permit approvals for Hopkins Construction projects endorsed by the commission and Mr. Hopkins casting affirmative support, Councilman Rieley claimed.

Mr. Hopkins, appointed to Planning & Zoning in November 2016, said Monday that he had not seen Councilman Rieley’s evidence.

Schaeffer questions dirt at farm

During County Council’s Aug. 30 meeting, Councilman Schaeffer questioned Councilman Rieley about numerous loads of dirt trucked to the Rieley family farm and spread for free.

“I think that is a huge issue, and I think it reflects badly on Sussex County Council,” Councilman Schaeffer said. “I think that, quite frankly, it rises to the level that Mr. Rieley should consider resigning from council.”

In response to those allegations, Councilman Rieley and his wife, Lou Ann Rieley, who handles much of the farm’s operations, said receiving free fill dirt is common.

“(Locations) need to get rid of the dirt, and you can use the dirt. And it’s not what you get if you bought, like, screened dirt for your yard. This has roots and stones, whatever. It’s kind of rough, but it works for us,” said Councilman Rieley. “Mark’s trying to make a big thing out of it. The reason I believe he is doing it is they want to take the spotlight off Keller and put it on me.”

Former County Councilman Samuel Wilson Jr., another member of the farming community, said he has accepted dirt often, even during his 12-year tenure on council.

“I see nothing wrong with taking dirt, absolutely nothing. I don’t think there is anything wrong with a councilman taking dirt, nothing,” Mr. Wilson said. “If you want to give me 10 loads, I’ll take it. I’ve had the state highway bring me dirt.”

Issue of integrity

On Thursday, Councilman Schaeffer also said steps should be taken to formally request an investigation on the Rieley matter by the Delaware Public Integrity Commission and the Delaware attorney general.

According to Councilman Rieley, earlier that day, he requested that the Public Integrity Commission review the “allegation about receiving dirt and facts around it and offer an opinion as to whether there was an ethical violation or not. I would love it if they would expedite that, but I’ve got a feeling it probably won’t happen until after the primary is over, which is unfortunate because I’d love to clear my name before it.”

Mr. Hopkins also said he welcomes review by that group.

“When I reach out to the integrity commission, I would like to have whatever is out,” said Mr. Hopkins. “I would welcome the ethics committee to come in and check. I am not a developer. I am not even a first-tier contractor. I don’t do site work. I provide a service called well-pointing.”

Councilman Rieley also said his farm operation was cleared by the state Aug. 31, after a complaint about stormwater sent to DNREC. “(The) Environmental Crimes Unit recently responded to a complaint about a stormwater retention pond permitted by the Sussex Conservation District and observed no violations,” said the agency’s response, which did not include the name of the petitioner.

Petition for transparency

Meanwhile, a petition launched Sunday through change.org asks Sussex County Council to immediately implement policies to ensure transparency and trust in all those involved in land-use decision-making.

“The current Council election campaign has brought to the surface what the public and residents of Sussex County have long suspected,” the petition states.

Started by Marcia Sabo Williams with Sussex2030, a nonpartisan grassroots group that advocates smart growth, it will be presented to council Sept. 19.

Land use and sprawl is Mr. Hopkins’ main campaign issue. He favors high-density rezoning along Del. 1, from Lewes to Milford, to concentrate development in that corridor.

“I mean John Rieley is not a bad guy,” he said. “It grieves me that we are in the middle of trying to measure who has got the better virtue or the better character. I wish we could just focus on the difference between where we want to take the county. I would much rather talk about that than try to figure out where I score or where John Rieley scores on the character thing.”

Councilman Rieley pegs Mr. Hopkins’ Del. 1 proposals as ludicrous. He said he believes his challenger’s strategy — and that of his supporters — is to gain control of council.

“There’s a lot of money on the line if they get Route 1 rezoned,” the councilman said. “There’s a lot of money to be made, so they are going to spend a lot of money and try to get (more) votes.”