MASSENA -- The Town of Massena is taking legal action against St. Lawrence County and its legislature for what Town Supervisor Joseph Gray calls “its misinformed, unilateral decision to change the terms of a proposed land claims settlement involving nearly 2,000 acres of Massena.

Town Supervisor Joseph D. Gray said he has been in contact with Town Attorney Eric Gustafson, who said they are legally in the clear to take the action.

“I’ve been waiting to see if the legislature was foolish enough to actually take this step. Last evening, they did it. A bunch of rookie legislators, following misguided advice from Chairman Joseph Lightfoot and his cohort, decided to try and steal the compensation which is due the Town of Massena for land it will lose as part of the proposed land claims settlement between the St. Regis Mohawk Tribe and New York State Gov. Andrew Cuomo,” Gray said. “After speaking with members of the Town Council, we felt we had no other choice than to initiate legal action. I will also recommend to the Town Council that we simultaneously reach out to the U.S. Congress in an attempt to derail the proposed agreement if the Town of Massena is cut out of any of its due compensation.”

St. Lawrence County legislators voted 9-4 Monday to keep control over how an annual $4 million Mohawk Land Claim payment will be spent.

In the original memorandum passed in December, Democrats agree to split the annual payment with the towns of Massena and Brasher Falls and the Brasher Falls Central School.

Under that deal, Brasher and Massena would have received $750,000 annually while Brasher schools would have collected $500,000.

A $500,000 payment was also considered for Massena Central School, but conflicts of interest made it impossible for the Democrats include that payment.

However, legislature chairman Joseph Lightfoot and his fellow Republicans were displeased with that deal and voted Monday to keep the payments under the county’s control.

Legislator Jonathan Putney says he believes the Republicans are creating a volatile situation by cutting the municipalities from the deal. Click here to read more of his comments.

Gray was critical of the legislature cutting Massena from the deal, saying they are keeping the money to balance their budget despite overspending for the last decade and continuing to do so “with abandon.”

“Just last week, the Legislature decided to override its own hiring freeze to fill yet another position,” Gray said. “Massena residents should not be denied payment for their property so the Legislature can continue to waste money. This land claims settlement isn’t lottery winnings or some money the county found in the pocket of an old jacket. It is just reparation for part of our Town being taken away by the county and the state to settle a lawsuit.

“As councilmen, we have a fiduciary responsibility to look after the Town and its assets on behalf of our citizenry. If we have to sue the county to protect our interests, so be it.”

Despite the controversy it has caused, the land claim deal is far from official. The deal won’t be finalized until Franklin County approves a similar deal and the state legislature approves it. The town of Massena has also talked of possible legal action that could further stall completion of the deal.

As it stands, the MOU would force the tribe to pay the balance of gaming revenues they withheld in prior years. This would result in an immediate payment of $1.87 million for St. Lawrence County and $937,500 each to the towns of Brasher and Massena.

Once the final settlement has been negotiated, the tribe would be required to make a one-time payment of $1.5 million to St. Lawrence County.

The MOU also states that the tribe would continue to make revenue sharing payments required under the tribal-state compact. Those payments include an estimated annual payment of $1.45 million to St. Lawrence County and $725,000 each to the towns of Brasher and Massena.

It also includes a one-time payment of an additional $2 million and as well as an annual payment of $4 million, each going to St. Lawrence County. Combined, St. Lawrence County will receive approximately $5.45 million each year.