Business Group leaders pitch county lawmakers on town acquisition of Big Tupper lands for recreation park

by Dan McClelland

Four members of the steering committee of the Tupper Lake Business Group presented strong arguments Thursday to the members of the Franklin County Legislature about why a town-owned four season recreation park of the former Big Tupper site on Mt. Morris is the best answer for the town and the county in the long run.

The mountain recreation park is part of the group's multi-phase mission to advance tourism here through the development of recreational assets here- the former site of the Big Tupper Ski Center being just one.

There are currently over $170,000 in back taxes owned on the Mt. Morris parcel. The business leaders want the county leaders to transfer ownership of the parcel to the town, in advance of its inclusion in any forthcoming tax sale.

Speaking for the group was Mark Moeller, branch manager at Community Bank here, and this is what Mark told the seven lawmakers:

“Good afternoon Chairman (Don) Dabiew and district legislators. Thank you for the opportunity to address you today.

“We also want to thank our representative Paul Maroun. Paul has been involved with our discussions from the start which began in early 2020. He supports the position that brings us here tonight.

“We are the Tupper Lake Business Group, brought together to spur development of outdoor recreation and tourism in our community. We are here to discuss what could be exciting plans about the future of the former Big Tupper Ski Area property if disposition is finalized by the county.

Paul Maroun introduced Mr. Moeller and his three colleagues that morning: Rob Gillis, principal at Gillis Realty and our alpine ski expert; Matt Ellis, realtor with LaValley Coldwell Banker, our mountain bike expert and Dan McClelland, owner and editor of the Tupper Lake Free Press.

“Our goal is to increase the quality of life and economic development in our hometown. It’s that simple,” continued Mr. Moeller.

“We are here to advocate for the Big Tupper parcel becoming part of the Big Tupper Recreation Park and under the control of the Town of Tupper Lake.

“We are transforming from the lumbering and manufacturing driven economy of the past… to a more vibrant and self-sustaining future driven by recreational tourism.

“We contend that the time is ripe to take bold action given the significant interest in the Adirondacks. This interest, coupled with our unique recreation assets—those already in use, and those that we could further develop-- offer great opportunities for the future of Tupper Lake.

“Big Tupper is a critical lever in the plans to build and market the assets necessary to realize this vision. Big Tupper is more than an alpine skiing center . It represents the single biggest opportunity to attract more visitation and spending in Franklin County in all four seasons.”

The group members held up two color posters of aerial shots of the parcel, prepared by Tupper Lake Supply's graphic division.

“We envision creation of the Big Tupper Recreation Park located at the nexus of the ski area, the town owned golf club, the town run cross-country ski center, and the planned mountain bike trail at the southern end of Big Tupper Lake.

“On February 16 Tupper Town Supervisor Patti Littlefield sent a note to this body on behalf of the town board. Allow me to quote from that letter: “The town’s interest is not to be the operator of Big Tupper, but rather to ensure a future for Big Tupper that will benefit the citizens of the town and county and to ensure the integration of Big Tupper into a larger recreation plan for the community.”

“We are here today to seek your assistance to ensure this property is used in a manner that is in the best interest of all residents of Tupper Lake and Franklin County.

“We believe that under town ownership and control, we could immediately start creating meaningful use of the asset. And let me reiterate one important point- we do not want the Town of Tupper Lake to operate alpine skiing at Big Tupper.

“This new recreation park could provide a year-round family friendly destination in the southern part of the county starting today!

“Our vision for the property is purposely crafted to ensure an outcome that is in the best interest of our citizens.

“We worry about a developer buying the property at auction, who would constrain access and then choose to divide and sell the approved eleven parcels for a quick buck because the alternative was too expensive or too complex in the Adirondack Park. If this were to happen… Big Tupper would be gone—and alpine skiing—would never be experienced on Mt. Morris again. And beyond alpine skiing, the vision of a Big Tupper Recreation Park with its four-season family friendly appeal will also be lost forever!

“Would we also like to see alpine skiing return to Tupper Lake? Absolutely, but that will take time and effort to realize … but owning the property will allow the Town of Tupper Lake to control that asset and our destiny.

“Earlier I indicated that with town ownership and control, we could begin advancing today! Allow me to provide an example of what we mean.

“Within the last month Paul Maroun reached out to Mike Foxman of Preserve Associates, a current owner of The Big Tupper Properties. Thank you Paul. Paul inquired about the possibility of the Town of Tupper Lake gaining approval to allow community access to the mountain on a year-to-year basis. The idea presented was to:

extend the current cross-country ski center up to Big Tupper; allow back country skiing; give access to snow-shoe enthusiasts; Add a fourth local peak for hiking to augment the current Triad; allow bike riding up the access road, along the cross-country ski trails

and open the property at the base of the mountain to locals and tourists for picnicking and social activities. All activities in the park would be non-motorized.

“Mr. Foxman indicated he was amicable to this proposal. The town board, this committee and Mr. Foxman are exploring how to make it a reality for the 2021 to 2022 season.

“However, this is only temporary and transitional. But it can become permanent with town ownership and control of the asset.

“We think The Big Tupper Recreation Park could position and advance Southern Franklin County as a must-visit destination … for the 50 million people living within a day’s drive of Tupper Lake.

“It will attract tourists and encourage younger families to move into Franklin County.

“And it will generate more sales tax, bed tax, and will attract further residential and small business investment which will spur job growth and increases in property values and economic growth.

“Simply put, the future impact of drawing new families to live here permanently or to visit as tourists over time will create significant value for the town and county.

“An accessible mountain Park will create more value than any impact from the quick bucks a developer may offer.

“You can help energize these efforts! Mr. Moeller told the county board members.

“Direct ownership and control of the former ski area to the Town of Tupper Lake, will allow public access to multiple recreational opportunities, fuel the re-transformation of a small rural community in Franklin County and enhance our quality of life, economic vitality, and create more jobs, investment, and much needed growth in our community.

“Thank you for this opportunity to express our desire to see the Big Tupper parcel become part of the Big Tupper Recreation Park and under the control of the Town of Tupper Lake.

“What could we answer your questions or address any issues to help in your decision- making if this sale proposal ever came before you?” he asked the county lawmakers in conclusion.

Chairman Don Debiew thanked the four men and told them he didn't have any questions at this point.

He said Treasurer Fran Perry, who was in the room that day, knows the amounts currently owed against the property.

“It sound like you have a lot of good ideas, but as far as our part, it must first come to us,” he said of the county foreclosure process and any tax sale which must be first ordered by a Franklin County Court judge.

When that will happen is anyone's guess as Justice Robert Main Jr. is retiring at the close of 2021.

“We realize there are many things that can happen between now and the possibility” the Mt. Morris parcel is ordered into a tax sale, Mr. Moeller told the lawmakers. “We just want to be prepared for the possibility!”

Mr. Debiew replied: “I commend you for what you've done so far...it represents a lot of work on your part,” the chairman said of the business group's work to date. We appreciate you coming in today, but I'd don't know there is a whole lot we can do at this point!”

Mr. Debiew told them “at least now we have some background of what the potential is down the road.”

Paul Lauzon, the legislator for the Fort Covington area, said “it's quite something that you've opened the door with the present owner and you are working with him. Where will this go?”

Mr. Moeller said Mr. Foxman is open to a one-year agreement right now to permit the town to use the mountain lands for various kinds of outdoor recreation. “Until he's no longer the owner of the property, we will maintain a good relationship with him.”

He said Preserve Associates LLC and Mr. Foxman have been very cooperative both with the town in past years when they leased land to extend the town's network of cross-country ski trails and recently with the business group and its plans to further “open up the mountain to recreation.”

“We just don't know how long Mr. Foxman will be the owner at this point,” he admitted.

“Any development in that area would really help the town and the county as a whole, as people come to spend money...all those things add up,” noted Chairman Debiew.

Mr. Moeller told the lawmakers a busy recreation park and possibly a functioning ski area in the future there will be a great asset to any developer wishing to build second homes on Mt. Morris and surrounding lands.

Rob Gillis asked the county treasurer if she could explain the “legal status” of the mountain parcel at this point.

Ms. Perry said as of now “we have attempted to contact all the parties involved. The legal representatives of the parties we noticed submitted a service of answer. We have to submit a petition to the courts stating we have legal authority to take this property. Some of the attorneys responded that we did not have that authority. It was their argument that we had failed to do certain things.”

She explained those arguments are often filed with her office in these kinds of tax sale proceedings.

“At this point we now have to respond to every one of those claims of what they claim we have failed to do. We are actively working on that right now!” She said the case, however, has not been turned over to the judge yet.

“What has happened with this foreclosure proceeding- because Big Tupper is not a residential property or a commercial living property (ie: apartment building) is that it has been dramatically stalled by the COVID-19 pandemic, she told the legislators and the Tupper Lake guests. “COVID has affected this entire proceeding!”

She said the pandemic has created, in her words, “ten times the work” on the residential properties for her office staff “and they have due dates bound to them by the state.”

“We have had to push our response of the Big Tupper properties off, so we can abide by these new state regulations right now. We have done what we needed to do and the individual in my office who is working on these services of answers is actively working on them.

“We are on hold with our entire proceeding until after January 15. That's the deadline the state has set for us. If the state continues to extend that, we don't know how long it will be!

“We are actively working on it, but the way this entire thing has gone with COVID issues and the state, we don't know for sure” when any county tax sale, which may include the Big Tupper parcel, will occur, she stated.

“We will be prepared for January 16 to proceed, but if the state comes back with another extension, we'll be on hold again.”

She explained that the Mt. Morris tract “is a supplemental, so the judge may order that we get all of the (residential) properties in the initial proceeding, and because this one is considered 'supplemental' this would come after the first date” at some later date.

“We've had to do this one separately because of the service of answer” action, she told the four Tupper Lake men.

County Attorney Jonathan Miller called any foreclosure proceeding by the county “a process. A foreclosure proceeding under the best of circumstances usually takes almost a year. With COVID, double that and then you get individuals with attorneys involved who are filing answers that must be responded to,” it further complicates what is already “a big process.”

“With our county policy, the property owner ultimately has the right to come back and do a redemption (pay the back taxes) at the eleventh hour. Many times that happens!”

“There are many moving parts to this,” the county attorney told the Tupper Lake delegation.

Lindy Ellis, who represents the Saranac Lake area on the board and who spoke earlier in the meeting about the damage that occurs to trails by all terrain vehicles, said the new electric-powered mountain bikes do not do that. “The recreation industry is going in the direction of having more and more electric bikes so rather than confine yourself to saying non-motorized equipment, I would recommend you just say mountain bikes.”

“Thank you for coming to see us today,” Chairman Debiew told the local group. “As a result, we all have a better understanding of what you are trying to do!”