Upper Darby Township Council members expressed concern during a recent meeting that $800,000 in federal American Rescue Plan Act (ARPA) funds could evaporate while they await a court decision. Since 2021, the township has received over $41 million in ARPA with the stipulation that it all be “encumbered” to a project by the end of 2024. In June 2023, the previous council approved a $800,000 grant for the nonprofit Upper Darby Arts and Education Foundation to create the Barclay Square Arts and Education Center. In 2024, the township administration decided to use those funds on revenue replacement to bridge a budget shortfall investment into long-term capital funding to improve the township's financial position. A group of residents sued the township, calling for the funds to be given to the foundation, and Common Pleas Court Judge Barry Dozer agreed, prohibiting the township from moving it into revenue replacement. The township appealed that decision and asked the state Supreme Court to become involved. Solicitor Sean Kilkenny said the courts are aware of the deadline, but there has been no word from the Supreme Court if they will take jurisdiction on the case. On another court topic, Kilkenny said the township’s newly approved earned income tax also has two issues in front of the courts that need to be resolved in time to allow Upper Darby to include the tax for the coming year.
Source: Daily Times; 11/17/2024