Efforts to again pass an earned income tax is on an Upper Darby council committee meeting agenda.
The 1 percent tax on most residents income has been fought over through the past two administrations.
In May, council members tabled the most recent vote on the tax — which can only be enacted July 1 or Jan. 1 — after residents who in the past successfully sued to block the tax, complained about the wording in the ordinance.
During that May special meeting, Kilkenny Law Solicitor James Gallagher said the changes were minor and the ordinance could move forward, but after residents continued to voice their concern, council tabled the decision.
At that meeting, Council Member Michelle Billups said she didn’t want council to be sued again and needed to make sure all the T’s are crossed and the spellings correct.
Upper Darby Township Councilwoman Michelle Billups. (PETE BANNAN – DAILY TIMES)
“I’m sick and tired of us getting sued on procedural things that can be fixed,” Billups said.
With a new solicitor, Clarke Gallagher Barbiero Amuso & Glassman, representing the township, it appears council will again attempt to pass the EIT, which imposes the tax on residents and nonresidents who aren’t taxed by a similar tax in other municipalities, such as the Philadelphia wage tax.
Military income and residents earning less that $12,000 a year would be exempt.
In an attempt to avoid another court challenge, the ordinance attempts to use language that can be clearly understood.
“The words, phrases and provisions of this Ordinance are not to be interpreted in a way that results in an absurd construction of the meaning,” the ordinance states.
The ordinance would be voted on at the Aug. 20 meeting and again at a September meeting, before it would take effect at the beginning of 2026.
In other matters, at Wednesday’s council meeting, the administration is expected to announce a new fire chief has been selected to take over for interim Chief Brian Boyce who has served the past 26 months after Derrick Sawyer resigned.
Upper Darby Mayor Ed Brown
Following a national search, Mayor Ed Brown is expected to appoint Nicholas Martin at a salary of $155,000 per year.
According to Upper Darby information officer Rob Ellis, Martin is originally from Swarthmore and was a firefighter in Middletown, Delaware County, and currently is a chief in the Salisbury, N.C., Fire Department.
His linkedIn profile indicates he has held multiple company-level and chief-level officer position in departments along the east coast, including service in all-volunteer, combination career/volunteer, and all-career organizations.
He also has extensive published extensively in fire department journals, has taught on the national level and has extensive public speaking experience.
Council is also expected to formally appoint Beth Stern Fleming, LLC to serve as special counsel to Upper Darby Township Council.
That appointment comes on the recommendation of the new solicitor, who determined that there is a matter that requires special expertise in the area of bankruptcy, particularly to represent the township’s interests in a bankruptcy case filed in the Northern District of Texas by Prospect Medical Holdings Inc. and the various related entities.
Both of those appointments would take place following votes at the Aug. 20 regular council meeting.
From the Daily Times account of a hearing this week:
Prospect Medical Holdings on Monday was granted the ability to abandon two of the four hospitals it is trying to sell off as part of bankruptcy proceedings because they have no apparent value and are burdens on the estate.
Chief Bankruptcy Court Judge Stacey G. Jernigan of the Northern District of Texas granted the motion from the California-based private medical company over the objection of Flemming, representing Upper Darby .
Delaware County Memorial Hospital on Lansdowne Avenue in Drexel Hill several years ago as many remember it as a full-service hospital. It appears it will soon be bought by the Upper Darby School District and demolished. (DAILY TIMES)
At least one of the properties at issue Monday, Delaware County Memorial Hospital and an associated condominium, may soon be purchased for $1.2 million by the Upper Darby School District. The district plans to acquire the properties as soon as Aug. 13 and begin demolishing them.
The township and others objected to Prospect abandoning Delaware County Memorial, and some of those concerns were satisfied.
Flemming argued that no one had clued the township in that the school district might be finalizing this sale so quickly and that it did not get word about the district’s July 25 motion until late on July 28, so did not have time to gather evidence in support of its objections before Monday’s hearing.
Jernigan was unconvinced that a delay would do any good, however, and overruled the township’s objection. It’s unclear what further action the township could take, though any demolition process would be of concern.
Originally Published: August 5, 2025 at 12:30 PM EDT