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Massena Town Council seeks injunction preventing legislators from taking Massena’s share of Mohawk land claim settlement

Posted 12/18/14

By ANDY GARDNER MASSENA -- In response to speculation that the incoming St. Lawrence County Legislature Republican majority may attempt to take land claim money earmarked for Massena, the Town …

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Massena Town Council seeks injunction preventing legislators from taking Massena’s share of Mohawk land claim settlement

Posted

By ANDY GARDNER

MASSENA -- In response to speculation that the incoming St. Lawrence County Legislature Republican majority may attempt to take land claim money earmarked for Massena, the Town Council on Wednesday night passed a resolution to file a court injunction to prevent a measure that would do so.

The board voted 4-0-1 in favor. Councilman Samuel Carbone abstained, citing his employment with the New York Power Authority. They are a party in the land claim settlement.

Under a deal passed Monday, the county will give $750,000 each to the towns of Massena and Brasher and $500,000 to Brasher Falls Central School District from $4 million it will receive from the Mohawk land claim settlement.

Councilman John Macaulay said the town was largely left out of negotiations, which involved the St. Regis Mohawk Tribe, the county and New York state. He said they were largely complacent because of assurances from the county that they would get something in the end.

“(The county) fought off litigation by saying ‘this is what we’re going to do,’” Macaulay said, referencing a deal such as the one passed Monday. “I think we should file an injunction to make a judge say ‘You’re not going to vote for anything other than that (original deal).”

He said that he became alarmed after reading statements in the press from Republican legislators Joseph Lightfoot and Kevin Acres.

“We should’ve right away filed an injunction,” Macaulay said. “We shouldn’t even have waited for them to vote on it.”

Lightfoot has maintained that the county can’t afford to give away money given its financial state. He said the county’s infrastructure is failing and its fund balance is low.

He said he expects the new majority to revisit the measure in January. Overturning the measure will require a two-thirds vote, which the Republicans will have.

The deal originally called for the Massena Central School District to receive $500,000 annually, but that was pulled out of the final version because legislators Jonathan Putney and Gregory Paquin are Massena Central teachers.

Councilman Albert Nicola said he thinks the deal to give Massena $750,000 annually is equitable because the settlement means it is losing taxable land in Rooseveltown.

“We stand to lose X number of acres from our town and no one else in that room (county board) is losing land, and we should be compensated,” he said.

Former Massena Town Councilman Charles Raiti addressed the board during the Wednesday meeting’s opening public comment period and says he supports their decision.

“Every time we turn around, they want to take money that really should be coming our way,” he said. “You’re going to have to stand up and say ‘Hey, what the heck?’”

Go to http://northcountrynow.com/news/county-lawmakers-amend-land-claim-deal-no-funds-going-massena-central-0132189 to read more about the deal the legislature passed Monday.

Massena resident Susan Gray commented in the board’s favor. She opined that if the county were to repeal giving Massena the funds, it could set a dangerous precedent.

“If we don’t do it (take court action), we’re approving this way of the county interacting with the towns,” she said.