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Mine Subsidence Insurance

County would have to dig up funds to convert Huber
Posted on Friday, 03 October 2008 (11:31:37) CDT by admin

October 1, 2008

Officials not certain if there’s money to transform Huber Breaker into mining museum.

By Jennifer Learn-Andes [email protected]
Luzerne County Reporter

Will Luzerne County Commissioners save the landmark Huber Breaker in Ashley from the wrecking ball?

The Luzerne County Commissioners want to turn the Huber Breaker in Ashley into a coal mining museum.

PETE G. WILCOX/the times leader

County officials say it will boil down to money.

Almost two years have passed since commissioners voted to take the property through eminent domain, with the goal of turning it into a coal mining museum down the road.

The move halted the owner – No. 1 Contracting – from dismantling the hulking structure for scrap value.

But commissioners legally have two years from their January 2007 filing of the eminent domain paperwork to decide if they want to take the property, said attorney John Aciukewicz, who represents the county.

“A decision will have to be made before January 2009,” he said.

Aciukewicz and commissioners plan to meet Thursday in executive session to discuss legal issues involving the eminent domain. A vote on how to proceed is expected at the Oct. 15 commissioners meeting.

Aciukewicz said court proceedings to date have focused on how much land may be taken for the project.

The county originally sought 26 acres but later reduced the request to 8.25 acres. Al Roman, the owner of No. 1 Contracting, said the county’s request was excessive and offered to sell the county almost 6 acres. Aciukewicz said a compromise was made to buy a little over 7 acres.

If commissioners express interest in proceeding, Aciukewicz said he will start negotiating a price and obtaining an appraisal. The state County Code mandates that the county pay fair market value as determined by an appraisal.

The county had been arguing that the breaker and surrounding land were worth a total of $280,000.

Roman had argued a year ago in court papers that he should receive $20 per ton for “mineable coal” on the land, at least $400,000 for the scrap value of the breaker itself and $95,000 per acre.

Commissioner Greg Skrepenak said he heard the proposed purchase price was ringing in at a little over $1 million, while Republican minority Commissioner Stephen A. Urban said he heard a figure significantly higher.

A board would be set up to determine the price if the two parties don’t agree.

Commissioner Chairwoman Maryanne Petrilla said she’d like to preserve the breaker but won’t vote to proceed until she determines all costs and realistic funding sources.

That includes how much the county would have to spend to “make the area safe” until the site is restored, she said. At minimum, fencing would be necessary, she said.

“My biggest concern is that kids would get hurt playing there until we get the millions of dollars we need to make it into a museum,” she said.

Skrepenak and Urban wholeheartedly support purchasing the breaker, saying it is a rare opportunity to teach history and promote tourism.

“I think it would be a real travesty to let that go,” Skrepenak said.

Funding is a concern, Skrepenak said. He wants to see if the county could “switch some bonding money around” to fund the purchase and secure the site. However, the county’s remaining bond money has been earmarked for other timely projects, and the county is broke and looking to borrow up to $16 million to cover the 2008 deficit.

“I’d be very disappointed if we didn’t get the money, but these are tough times,” he said.

State Sen. Raphael Musto, D-Pittston Township, has been pushing for state funding to pay for the restoration of the breaker if the county acquires it.

Musto got millions for the project listed in state capital budget bills in 2002 and 2006, though his requests compete against billions of dollars in other project submissions. Most capital funding requests are never funded, but they must be listed in bills to have a chance.

Musto’s office says county ownership of the breaker is a key to unlocking state funding.

Roman could not be reached for comment Tuesday. No. 1 Contracting acquired the breaker and 26 surrounding acres in 1997 for $25,000, according to county records.

The 134-foot-tall Huber Breaker, built by the Glen Alden Coal Co., closed for good in 1976.

Project supporters say the breaker is a treasure that must be preserved, but opponents have said the county doesn’t have the resources to fund and maintain another operation. A museum has been estimated to cost $9 million.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.
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