City, tribe hash out property ownership issue

Published 5:00 pm Wednesday, June 11, 2014

The City Council meeting June 3 exposed some serious confusion between the city of Cannon Beach and the Clatsop-Nehalem Confederated Tribes regarding the future of the Cannon Beach Elementary School property.

When the Seaside School District abandoned the north half of the property last December, ownership of the parcel reverted to Clatsop County, which then turned it over to the city. Recently, the city chose to turn that parcel into a city park, christened NeCus the name of the indigenous village that once occupied the area, roughly translated as the place where the tide flows swiftly out.

Though it hasnt acquired the south parcel, the city has been working closely with the tribe during the last six months on a shared vision for the site: a future Clatsop-Nehalem cultural and recreation center that recognizes and celebrates the native peoples who lived there centuries ago.

But, once the vision is finally realized, who will actually own the former school site?

Sole owner, or co-owner?

While discussing a possible memorandum of understanding between the city and the tribe, Dick Basch, the confederated tribes vice chairman, told the council he was under the impression that the property would be owned jointly between the city, 50/50, undivided interest.

But that hasnt been the citys view.

It was my feeling that there was an explicit understanding that the city would be the owner, Mayor Mike Morgan told Basch.

Both Morgan and Councilor Melissa Cadwallader believed that, yes, the city and the tribe would work jointly to design and build the NeCus park and, conceivably, a cultural center that honors the local Native American history.

In terms of getting down into property titles, I didnt hear anything about it, Cadwallader said.

When George Vetter, who was appointed the official liaison between the council and the tribe, first joined the council in January, I had no sense that there was ever a joint ownership intended, Vetter said. Then he met with Basch, who explained to me that that was the understanding of the tribe … that there would eventually be joint ownership, and he felt that that was communicated to him by the city.

Morgan pointed to a letter, written by tribal Chairwoman Diane Collier in January, that reads:

While it is very important to us to own land in our homeland, we feel like the prudent path right now would be to have the city take title as we discussed, while holding the option for future joint ownership with the tribe open for discussion.

Thats what were talking about: future joint ownership open for discussion, Morgan said. No one has made a commitment at this point.

Memorandum of understanding

As Basch explained, before the city owned the north parcel, the tribal council had been negotiating with the county for full ownership of that property.

But because the tribe thought it would expedite the transfer of the property from county hands, we agreed that we would allow the city to take ownership, with the understanding that we would co-own it, he said.

So the tribe made that decision, to sit back and not take ownership, but let the city do it, believing that eventually the city would do what was right i.e., bring the tribe into the ownership agreement, he said.

This is why the memorandum of understanding one that sets up co-ownership between the parties is so important to the tribe, Basch said.

This is what we have been sitting on this entire time: waiting for an agreement, waiting for if not joint ownership an agreement that could operate like joint ownership, he said.

Basch was also concerned that the city wouldnt make the memorandum of understanding a priority, given that the city is focused on hiring a new city manager.

Current City Manager Rich Mays, who will retire early next month, probably wont be able to make much progress on writing up a formal agreement, he said. And, in all likelihood, neither will the interim city manager.

Councilor Wendy Higgins suggested that the council meet with the tribe at a future work session to begin drafting a memorandum of understanding.

Basch emphasized that he doesnt believe there has been any dishonesty on the citys part. Its just, were put in that situation, again, of not owning a piece of our homeland. Thats where our relatives were born and lived.

I dont know how its going to pan out with co-ownership. That, to me, is somewhat problematic, Morgan said. Maybe it can be worked out, but until we acquire the rest of the property, its in discussion-land.