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Upper Darby Mayor Ed Brown<\/p>\nUpper 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.<\/p>\n
At Thursday evening\u2019s special meeting, council members in the state\u2019s sixth most-populous municipality heard from residents concerned over wording in the ordinance, including the enactment date of the proposed 1 percent income tax.<\/p>\n
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.<\/p>\n
Council member Michelle Billups said she doesn\u2019t want council to be sued, again. They want to make sure all the T\u2019s are crossed and the spelling correct.<\/p>\n
\u201cI\u2019m sick and tired of us getting sued on procedural things that can be fixed,\u201d Billups said.<\/p>\n
A group of residents has taken the township to court over bungled verbiage and improper procedures in passing ordinances regarding an EIT.<\/p>\n
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.<\/p>\n
That same group of activist residents filed suit last year after council approved an EIT and won that court battle, too.<\/p>\n
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.<\/p>\n
Mayor Ed Brown said they are not concerned about the time line, adding \u201cwe want to get it right.\u201d<\/p>\n
Upper Darby Mayor Ed Brown<\/p>\n
It\u2019s 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.<\/p>\n
The township administration has insisted an EIT would plug funding gaps and wouldn\u2019t stress residents regarding property taxes.<\/p>\n
Council vacancy<\/p>\n
Earlier in the meeting, council approved filling the 5th District council vacancy, which resulted after Andrew Hayman resigned.<\/p>\n
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.<\/p>\n
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Myron McNeely. (COURTESY PHOTO)<\/p>\n
McNeely<\/a> who has lived in the township for 25 years is a retired SEPTA mechanic.<\/p>\n 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.<\/p>\n Wentz and Councilman Matt Silva voted against and council members Meaghan Wagner and Brian Andruszko were excused.<\/p>\n Ongoing solicitor controversy<\/p>\n 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<\/a>\u00a0as the township solicitor.<\/p>\n That vote would take place at the May 21 meeting.<\/p>\n In January Kilkenny Law<\/a> announced it wanted to step down after four years as Upper Darby legal counsel.<\/p>\n In mid-March, Council voted 6-4 against CGBAG.<\/a> Council members raised concerns<\/a> that lawyers from that firm were involved in a Pennsbury School District free speech lawsuit, which they lost.<\/p>\n 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.<\/p>\n \u201cThe residents of the township are watching and deserve clarity,\u201d said John Vizzari.<\/p>\n It was unclear if CGBAG would have the votes a second time around.<\/p>\n The plumbers controversy<\/p>\n Much of Wednesday\u2019s meeting was taken up by area plumbers upset that a licensing organization is no longer being recognized in the township.<\/p>\n 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.<\/p>\n