Upper Darby Council has tabled a vote on a proposed earned income tax, a matter that has roiled many council meetings and been challenged in court more than once.
At Thursday evening’s special meeting, council members in the state’s sixth most-populous municipality heard from residents concerned over wording in the ordinance, including the enactment date of the proposed 1 percent income tax.
During the 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.
Council member Michelle Billups said she doesn’t want council to be sued, again. They want to make sure all the T’s are crossed and the spelling correct.
“I’m sick and tired of us getting sued on procedural things that can be fixed,” Billups said.
A group of residents has taken the township to court over bungled verbiage and improper procedures in passing ordinances regarding an EIT.
Four residents filed a petition in Common Pleas Court after the previous approval of an EIT in February, claiming what was then a newly enacted earned income tax had multiple errors that invalidate it. Subsequently, another ordinance has been introduced.
That same group of activist residents filed suit last year after council approved an EIT and won that court battle, too.
Council member Laura Wentz last week asked what the timeline for passing the EIT would be. The tax can only be enacted twice a year, Jan. 1 and July 1, and requires approval from the state.
Mayor Ed Brown said they are not concerned about the time line, adding “we want to get it right.”
Upper Darby Mayor Ed Brown
It’s unclear if there was any time to get it right for a July 1 enactment, or if that was no longer feasible and Jan. 1 would be earliest.
The township administration has insisted an EIT would plug funding gaps and wouldn’t stress residents regarding property taxes.
Council vacancy
Earlier in the meeting, council approved filling the 5th District council vacancy, which resulted after Andrew Hayman resigned.
Myron McNeely, who is running for the seat in the coming primaries, won in a 6-2 vote. A second candidate, Justine Mays, was also nominated, but lost by that number in a separate vote.
Myron McNeely. (COURTESY PHOTO)
McNeely who has lived in the township for 25 years is a retired SEPTA mechanic.
He was elected in 2021 as a constable however it has been questioned whether he was ever properly certified for that position. He is also a member of the Delaware County Black Caucus.
Wentz and Councilman Matt Silva voted against and council members Meaghan Wagner and Brian Andruszko were excused.
Ongoing solicitor controversy
Council also met Wednesday evening for a regular monthly committee meeting, at which time the administration announced it will ask council to reconsider hiring Clarke Gallagher Barbiero Amuso & Glassman Law as the township solicitor.
That vote would take place at the May 21 meeting.
In January Kilkenny Law announced it wanted to step down after four years as Upper Darby legal counsel.
In mid-March, Council voted 6-4 against CGBAG. Council members raised concerns that lawyers from that firm were involved in a Pennsbury School District free speech lawsuit, which they lost.
On Wednesday night, one resident asked what had changed since March and if council members Billups and David Bantoe will again vote against the firm.
“The residents of the township are watching and deserve clarity,” said John Vizzari.
It was unclear if CGBAG would have the votes a second time around.
The plumbers controversy
Much of Wednesday’s meeting was taken up by area plumbers upset that a licensing organization is no longer being recognized in the township.
Robert DeLuca, a lawyer representing the plumbers, said that for the past 30 years the Philadelphia Plumbing, Heating and Cooling Administration has been issuing the test for plumbers. The township had stopped issuing its own testing.
Licenses & Inspections Director Amrinder Singh said the township code requires master plumber licenses be administered by a competent organization and the testing used by Philadelphia Plumbing, Heating and Cooling Administration is not recognized as independent.
Singh said Licenses & Inspections is enforcing laws in a uniform and fair manner but hadn’t been enforced in years.
Singh said the license they are asking to be recognized is issued by a private organization, which they control.
“It is not a government agency, not accredited … and not subject to independent oversight,” Singh said.
He said that the township would be open to liability.
Singh said persons already licensed are not impacted, however new apprentices would be.
Singh said Pennsylvania is one of only seven states that doesn’t require licensing for the trades, and without state licensing the burden falls to municipalities.
He said the issue was over the lack of testing aspects of the Delaware County Municipalities Plumbing Council, which has been issuing the accreditation for Philadelphia Plumbing, Heating and Cooling Administration for the past 30 years.
“We need to get the examination part better vetted to assure the creditability of that license,” Singh said.
Singh said he isn’t questioning their training, but there have been issues, in a general sense, of poor plumbing and the issue came to a head in early March as old licenses expired.
The plumbers were upset and at least one said Singh should be fired.
Michael McGraw, speaking for the plumbers, claimed for 2½ months Singh did not get back to them on the issue and that is why they were forced to come before council.
John Devlin, a plumbing inspector for Springfield, said his municipality accepts the school and it turns out qualified tradesmen, and the controversy is a disservice to the residents and the workers doing the job.
It’s unclear what the next step will be.