Pole Shifted from Driveway; Borough, Utility Split Cost

STONE HARBOR – When the Atlantic City Electric (ACE) infrastructure upgrade was implemented in Stone Harbor in 2016, the steel poles used for the transmission system quickly became the focus of widespread community opposition.  
The project moved ahead. The poles became a fact of life in the borough at this point, and the opposition continues.
The borough’s Planning Board commissioned an independent study to assess the expense of removing the poles and moving the power infrastructure underground.
Lost in the larger project was the placement of pole W6416 until it became the subject of a lawsuit filed against both ACE and the borough. 
The pole was placed in such a way that it blocked access to an off-street parking space for one side of a two-family condominium. 
The property owners, Eva and Michael Restuccia, said in court papers that repeated attempts to get the utility and/or the borough to voluntarily relocate the pole were unsuccessful. They sued.
The borough and ACE countered and then brought claims against each other as well.
The borough and the utility each denied that the placement of the pole was inappropriate. They also claimed that any fault, if a fault was indeed found by the courts, rested with the other entity.
The court papers show the borough pointing fingers at ACE and ACE pointing fingers at the borough.
As often happens in such a situation, the result of a settlement put the responsibility squarely in the middle with the borough and the utility each agreeing that the pole would be relocated and that the expense of the relocation would be shared evenly by both entities.
In the settlement, neither the borough nor the utility admitted to any wrongdoing. No one admits the pole was inappropriately placed. What they agree to is the pole’s relocated in the interest of resolving the litigation.
Settlement in that suit was approved by the Stone Harbor Borough Council Dec. 5.
The borough will pay the property owners $15,000 of the agreed to $30,000 damages. The borough will also pay one half of the total cost of relocating the pole and restoring the earlier location to its original condition.
For several days the road in front of the condominium was closed as equipment shifted the pole about 25 feet north so that it no longer blocked access to the parking space. Instead, it rested slightly off center in the front of the condominium.
The total cost to be shared by the borough in addition to the damages already approved is not yet known.
Frank Tedesco, ACE spokesperson, said “The total costs associated with this project are not yet compiled. We will be compiling the costs during the next several weeks and providing this information to the borough.”
Tedesco also said that ACE is “pleased that this issue is resolved for the customers along the 8800 block of Second Avenue in Stone Harbor.”
To contact Vince Conti, email vconti@cmcherald.com.