Dec 11, 2003 By Angie Santello 4 min read

FAIRCHANCE – Borough resident Ralph Kelley Sr. told borough council at the regular meeting Wednesday that a borough officer was out of his jurisdiction when he allegedly pulled Kelley over near the West Virginia line. Kelley said that on the night of the flood – Nov. 19 – he and his two oldest sons were on the property he owns along Wirsing Road with a spotlight. Kelley said a borough officer allegedly pulled him over and gave him a lecture on the illegal use of a spotlight. According to Kelley, the police said they were there to assist the Game Warden.

“Why is he stopping me here, 10-miles from the town when I don’t have anything going on?” Kelley asked. “He was doing Game Warden work, not borough work.”

Mayor Samuel Glisan said he questioned both policemen involved and learned that 911 called them to assist state police with a shooting in the area. Glisan pointed out that a police officer has the power to enforce laws out of their jurisdiction in several cases and one of the cases is to aid and assist any state officer.

But, council member Neal Christopher said several complaints of this sort have been received about borough officers.

“I don’t know why this keeps happening over and over again,” Christopher said. “Wharton Township has their own police. I don’t know why they would call our guys. …I’m like Ralph. I think we need law enforcement, but not if they’re going to be in other places and not in the borough.”

Kelley added that he did not see any other cars in the area and that it was a foggy night when borough roads were closed because of flooding.

“I am a taxpayer and a concerned citizen,” Kelley said. “I want to know why they were there. There was no probable cause to stop me.”

Council member Ray Eicher suggested that the borough acquire a copy of the 911 assistance request made to the Fairchance police in order to clear up the issue.

In another matter, council heard from Karen Hyland of 36 N. Morgantown St. about a storm water problem at her residence.

Hyland said her neighbor who lives across the alleyway behind her home dug up his yard and, in the process, damaged a pipe that need repaired in order to prevent storm water from draining into her basement.

Because she has the lowest basement in that area, storm water from the rooftops of nearby homes seep into her basement and no one else’s, she said. If the pipe were repaired, it would catch the storm water drainage and discharge into a nearby creek.

Hyland is worried that if the pipe goes unrepaired, the water will create a big ice patch and rodents may travel into her home by way of the storm drains.

Because of the open pipe, Hyland said she has faced several problems already, including her furnace shutting down and damaged to her rugs.

“For four months, my basement was under water,” she told council. “I am kind of upset because this gentleman won’t get this pipe fixed. …I have a lot of worries now because of this.”

Council passed a motion to investigate the incident to see which parts of the pipe are deemed to be in the public right a way.

“We’re going to have to determine whether we established a public easement line there,” said Solicitor Thomas Bowlen. “If that’s the case, then we can bring the issue before council and then they will be advised to make a decision on what to do. We can enforce it if the pipe is in the public right away. If there isn’t a public right a way then we can’t have him do anything on his private property. We don’t have the jurisdiction. You’ll then have to go about it privately,” he told Hyland.

In other business, council:

– Passed the final 2004 budget with a tax rate of 1.080 mills, an increase from the 2003 rate of 1.075 mills.

– Said the Fayette County Redevelopment Authority requested price quotes for the water replacement line project that will take place on Union, Oak and Delverese streets.

– Announced the Department of Environmental Protection was contacted concerning flooding of Ila Matlick’s property on North Main Street.

– Said the Safety Committee construct curbing along Hugh Alley to stop the storm water problem.

– Voted to distribute a $50 cash card to all borough employees except elected officials for a Christmas bonus.