Schaeffer dishes out dirt on fellow member

The divisiveness of the Republican primary election for the Sussex County Council District 5 seat came to a head during council's Aug. 30 meeting.

In the Sept. 13 primary, Councilman John Rieley is being challenged by Keller Hopkins, a current member of Sussex County Planning & Zoning Commission.

During the meeting, District 3 Councilman Mark Schaeffer asked that Rieley consider resignation based on his assumption that Rieley's acceptance of free soil and labor for his farm from workers at a subdivision under construction is an ethics violation.

Rieley responded that what he did was nothing out of the ordinary, and taking dirt from construction sites is a common practice by farmers in the county. The 15-minute segment of the meeting brought out six gavels from Council President Mike Vincent and comments from every member of council. Vincent said the action was politically motivated in an effort to derail Rieley’s campaign.

Schaeffer asks to speak

After regular business was concluded, Schaeffer asked Vincent if he could speak before several scheduled public hearings took place.

“This dais is used for council business and to be professional. What we will not have up here is some kind of political statement or an attack on a council person. That I'm not going to tolerate,” Vincent said.

“Do you understand that?” he asked Schaeffer.

“I understand I have the ability to speak at a council meeting,” he replied. “I'll be professional, as I always am.

“I'm distressed to bring this up,” Schaeffer said. “But a member, I believe, has put Sussex County in a bad light. It's alleged, and some of it has been confirmed by Mr. Rieley on a radio show, that he has received and accepted loads of topsoil that was trucked to his farm for free with large dump trucks and spread for free. I think that's a huge issue that reflects badly on Sussex County Council.”

The dirt was trucked to Rieley's farm near Millsboro from Baylis Estates on Mount Joy Road near Oak Orchard, which is about nine miles away.

Schaeffer said the transport and use of the equipment would have cost in excess of $10,000. He said he heard that 38 dump truck loads were dumped on the farm, and he said the trucks rent for $1,000 a day and the topsoil would cost about $450 a load.

“I think this is very serious, and quite frankly it rises to the level that Mr. Rieley should consider resigning from the council,” Schaeffer said.

As Vincent banged his gavel, he said, “I told you no political comments. We all realize where this is going and where it’s coming from.”

“It’s coming from Mr. Rieley. He spoke about it freely on Friday and then this morning,” Schaeffer retorted.

Vincent banged his gavel again. “You are done,” he told Schaeffer, who continued to talk, saying Rieley could rebut his comments.

“I’m tired of these politics. This is Sussex County, and to do some of the things that have been done in this political race is a disgrace, and those people who have been out there calling people liars, it speaks to the kind of person they are,” Vincent said.

Rieley responds to accusations

Vincent offered Rieley a chance to respond. “I’ve spent a lifetime building my good name and reputation in the county. I will say categorically we have done nothing illegal and nothing wrong, and nothing even out of the ordinary,” Rieley said.

He said the dirt is being used on his farm, Rieley Brothers on Gravel Hill Road south of the Mount Joy intersection, to improve the stormwater management system and pastures. Rieley and his wife raise beef cattle and chickens. Rieley said he has all the proper state and federal permits for the work.

Reiley said he and his wife were contacted by a worker at the Baylis site about the soil, which came from digging out retention ponds at the subdivision. “We gave them a place to dispose of it, so they trucked it to our farm. We both benefited from that arrangement. It’s a very common practice for farmers,” he said.

“This whole incident is transparently political. It’s very disappointing that council has come to this crossroads that I have to defend myself in a gotcha attempt and an ambush here on the dais with the reputation of council supporting these proceedings,” Rieley said.

To illustrate the tone of the campaign, Rieley relayed a story that has been widely circulated on social media. He said someone flew a drone over his property, took pictures of the work taking place and then distributed the pictures to individual members of the community and the media.

“This was an attempt to smear my good name and, quite frankly, it’s very disgusting in the midst of a political campaign. It really does give cause for questions,” he said.

More council comments

District 2 Councilwoman Cindy Green said Rieley's action gives the perception of receiving a kickback from a developer.

“Are you accusing me of taking a kickback?” Rieley asked.

“I’m saying it gives the appearance of a kickback,” Green answered.

Rieley said he did not know who the developer of the Baylis project is and he has never voted on any applications involving the subdivision, and he would recuse himself if one should surface in the future.

Rieley likened the dirt delivery to a deal he has with a local brewery to accept its spent grain to feed his cattle.

“I think this is very, very sad that these people here have to sit and listen to this foolishness. This is supposed to be a professional forum, and for these people to listen to this is ridiculous. We know where this is coming from, and now we know where the camps are with this election for Mr. Rieley,” said District 4 Councilman Doug Hudson.

Vincent: 'This is embarrassing'

“I’m tired of people accusing people, and I’m looking at you two,” Vincent said as he glared at Schaeffer and Green.

Schaeffer then reiterated his concerns.

“It’s a problem when a sitting councilman takes thousands of dollars’ worth of material which is trucked for free, and has equipment delivered to his farm for free. That’s not a political statement, that’s a problem, and perhaps we need to address that through some rules on ethics in the future,” Schaeffer said. “Maybe that’s where we need to go with this.”

“It’s unfortunate and I’m sorry it happened. It pains me to bring it up, but the public has a right to know,” he added.

“What I’m hearing is that as a sitting member of council, I should not be able to engage in normal and standard farming practices that are utilized by farmers across the county. Is that what's being asserted here? That’s what it sounds like,” Rieley said.

“I said it a while ago and I’ll say it again, this is embarrassing,” Vincent said.

“I agree,” Schaeffer stated.

As he banged his gavel for the fourth time, Vincent told Schaeffer to be quiet because he had the floor. “It’s embarrassing that this has become how people are going to act because of a political race. That is exactly what it’s all about. It’s about wanting somehow to figure a way that Mr. Rieley doesn’t win the election,” Vincent said.

“I want to set the record straight,” Schaeffer said.

As he banged the gavel again, Vincent said, “We are done, and no, you are not going to set the record straight.”

Schaeffer did not stop.

“I have not endorsed any candidate. It’s you and the others who have,” he said.

“Wow. Wow. That you would say such a thing, it’s amazing ... just amazing,” Vincent remarked as Hudson threw his hands up in the air.

After the meeting, Schaeffer said he plans to ask council to pass a resolution to ask the Delaware Ethics Commission to investigate the matter. “This is a serious ethics violation, and it's not going away Sept. 13. To accept a large gift from a developer is not OK. Let's let them decide,” he said.