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OPINION

Zingaro: Why are Levy Court rental fees an issue?

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Dr. Joseph Zingaro of Dover is the chair of Delaware’s 34th Representative District Democratic Committee.

The Kent County Levy Court Administrative Complex at 555 Bay Road opened in April 2005, 21 years ago. Kent County financed the project through a combination of county revenues — i.e., taxes and borrowing authorized by Kent County Levy Court.

Apparently, in April 2025, the county administrator pointed out to the Levy Court commissioners that revenue from room rentals was down and that practices were not being fairly applied, so he recommended updating the policy. The fees were set by county ordinance and vary by room and the equipment used. Government-affiliated agencies only can use the Levy Court Chambers for $40 an hour. Rooms 117, 126 and 221 are $20 an hour, and Room 220 is $30 an hour. There may be additional charges if the group using the room needs audiovisual equipment.

There are exceptions. The chambers are usually only available to state agencies and other government-affiliated organizations. Nonprofit and community service organizations are exempt from fees for rooms 117, 126 and 221 after 5 p.m., provided they do not require audiovisual equipment. The county administrator or Levy Court itself may waive fees in certain circumstances.

The Administration Department spent a year drafting a new policy. Since there was no discussion nor pushback from any political party, the draft ordinance showed up at a workshop last spring. Full disclosure: I am the chair of Delaware’s 34th Representative District Democratic Committee. I found out about the proposal. The 34th Representative District had been grandfathered in and would not be charged a fee when it held its monthly meetings. But I was recently told that the 34th RD would, in essence, be “ungrandfathered” and be charged a rental fee to use a room for its meetings, which occur once a month for approximately 60 minutes. I asked why this change was even being considered. Some of the commissioners (a.) asked how many groups were also waived from the policy; and (b.) asked if there were any legal/ethical implications. The lawyers for Levy Court determined that Levy Court could not issue waivers for some groups but not all groups. Charge everyone or charge no one.

Your and my taxes paid for the Levy Court building. We pay for its upkeep, as well as employee and commissioner salaries. Letting one political party use a room does not reflect favoritism or bias on the part of Levy Court. The 34th RD is not preventing other political groups from meeting at Levy Court if they need to.

I know that libraries allow groups to meet in their facilities and do not discriminate because of political affiliation. As an example, the 30th Representative District meets once a month at the Harrington Public Library.

New Castle County does not have a general schedule of rental fees for meeting rooms comparable to the room rental program at Kent County Levy Court. New Castle County makes publicly owned meeting spaces available through other county facilities, such as libraries.

Sussex County allows outside organizations to use certain county rooms. Sussex County’s policy states that some after-hours meetings may be subject to fees.

On Tuesday, July 21, Levy Court is going to have a meeting to vote on whether it should charge everyone who uses a room to meet after hours — i.e., after 5 p.m. — or not charge anyone for using a room. Why has this become an issue now? Over the past 20 years, room rentals have typically generated $1,000 to $4,000 a year, an average of $6.85 a day. Room rentals are not moneymakers for Levy Court. If Levy Court needs $6.85 a day, there are bigger problems than room rentals.

Please come to the July 21 meeting (it begins at 7 p.m.) and voice your concerns. I understand the reluctance of commissioners to go against legal advice. But the legal advice gave the Levy Court commissioners a choice: Charge everyone or charge no one. Maybe charging a fee is viewed by some of the commissioners as the safest choice. Maybe people who attend the meeting and voice their opposition to charging a rental fee can show the commissioners that $6.85 a day may be more costly than they realize.

Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.

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