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Leroy Radanovich's Mariposa Life
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MISSIN' PISTON This last week a real Mariposa character passed in a Veterans Hospital, leaving another generation behind to carry on the love of life. Bob Bissmeyer was eighty-nine and living mostly at the tip of Baja where he loved to fish and soak up the sun. Twenty years ago or more he was the mayor of Bootjack with his welding shop and the Missin' Piston Auto Sales next to what is now the Bootjack Market. Bob sold the kind of cars that a poor boy could afford. He also could fix anything. His confrontations with the county were monumental, especially over a bit of property at the west end of old Bootjack Road where he had a collection of old mobile homes and trailers that that same poor boy could afford to live in. He even had a sign stating that this collection of sometimes miserable boxes were intended to be a final resting place for refuges from South East Asia, but that was only to tweak the nose of county planning. Bob was just one of the un-reconstructed WWII veterans who, having weathered the war, now sought to weather the bureaucratic peace. So Bob has now passed on, doing what he loved best, leaving me a kissing cousin and all the rest. My opinion is that Bob loved life and lived his way and why not. CATHEYS VALLEY I have read and re-read a couple of times a document very much unlike any other governing land use in Mariposa County. The recently released (February) Catheys Valley Community Plan is a bit confused and needs a steadier hand than Andy Hauge can bring to the table, but let the message come clear. Catheys Valley residents see themselves as knowing what is best for their future and they are mostly right. For example they prohibit any community water and sewer systems, thus meaning no high density subdivisions. Unlike anywhere else in Mariposa County they see their Advisory Committee as being the decisions makers as far as the management of their part of the county, with the Planning Commission and/or the Board of Supervisors as the body of appeal. Interesting. An unelected, almost self appointed body, representing one area of the county somehow will be able to make decisions that the rest of the county will have no voice in but will get to assist in the payment of. Frankly I like it. But I have always been fascinated by anarchy. Their goal is to keep Catheys Valley, at least that part which is within the community boundaries, undeveloped. The five acre parcel will be the rule for subdivisions. Congratulations, that has been the standard outside Mariposa and Coulterville for more than thirty years. They see themselves as a crossroads community, which they are, encouraging agriculture as their economic base as long at it doesn't use much water. Again, I agree, although I don't think that they understand water because if it is to be based on a grazing economy, it is the surface water that comes through the yearly rainfall that determines the viability of the agriculture economy. The well water, drawn from below the "green stone" dike as my water mentor Elmer Stroming liked to say, will be the source for such things as vineyards, orchards and possible row crops. By the way, adding hydroponics as a possible viable agricultural pursuit needs the caveat of not the amount of water that it uses but the amount of propane. The report seems to understand the importance of the Tourism Economy but rejects in one section the development of services for travelers while in another encouraging Agri Nature Tourism as an economic asset. Facts are that if services such as fuel, food and lodging are not provided within the agricultural environment with the ability of the traveling public to access these services, then failure and loss of capital will result. I pretty much know how much time has been spent on crafting this plan, and I suspect a bit of money. Quite a bit of work will have to be done to make it adoptable. Mostly at the hands of the expensive consultant. But there is something about the tone of this plan that is not hard to decipher. That is the interest in resisting growth and development. If this philosophy is to be adopted, then it must be adopted county wide because in order for these land owners to keep their Williamson Act Contracts and the 25% reduction below market values for their land and the state follows through on the withholding of the subvention revenues of somewhat over $200,000, then it will have to be made up somewhere either by cuts in the budget or increasing revenues from another source. One other point that I would like to make is that the most important Specific Plan governing a community in Mariposa County has not had an Advisory Committee in almost 20 years. That is our County Seat, Mariposa. The citizens of the town of Mariposa have not had the pleasure of having a voice in the management of their planning document. All the while Fish Camp, Wawona, and Coulterville have. The result is that there is no citizen involvement in the governance of the land use document for Mariposa town. But getting back to the desire to preserve a rural lifestyle, I am all for it if-----that also includes the ability to work within the framework of an agricultural lifestyle and the investor is able to utilize the full range of agricultural pursuits. That means having a road side stand to sell their products, or having a guest ranch, or having activities that are ranching related using livestock typically commonly found in a modern agricultural lifestyle. The requirement that there be no net loss of Ag land is a blatant attempt to control the nature of agricultural endeavor. There is little class one land in Mariposa County, that being suitable for growing row crops. But there is plenty of various qualities of rangelands including some not suitable for goats. Truly if a grazing economy is to survive in Mariposa County, the best grazing lands need to be set aside just for that use. The Williamson Act is not the best way to prevent residential or commercial development of Ag Lands for the long haul. Within a few years the Williamson Act will disappear in the maw of the need for government to have all the tax dollars it can muster. What else is available when the land owner wants to assure that long after they are no longer able to protect against speculative development. The answer is Conservation Easements. The Conservation Easement does not require the concurrence of the County or neighbors. It is a clear decision make by the land owner to deed the development rights to their land to a trust that will hold and protect those rights into perpetuity. That means forever. Challenges to that deed to the trust will be defended by the trust as well as the landowner receiving payment for those rights. It the trust ever defaults, the ultimate recipient would be a third party receiver, usually the California Department of Fish and Game. Conservation Easements do not have to respect any planning document since what is deeded to the trust is those rights that the property already has. Even if the county would wish to change the zoning on a particular piece of property for future planning purposes, the deeded rights would stand. The positive side of this is once the trust is made, the land would no longer be subject to development along the lines agreed upon. Not all rights are granted in most cases. Wood cutting, livestock grazing, farming, equestrian trails, bicycle and hiking trails and even sale are among examples of exclusions in the agreement. The principal right that is granted is the dividing and development of these properties. The down side of this action is that future generations will have fewer choices when it comes to land use. It also makes the assumption that we know what is best for our progeny. How many times things have changed in my 75 years leads me to believe that nothing is forever. To my knowledge there is no tax advantage to a Conservation Easement as the county does not recognize such private agreements as having value for future planning or revenue adjustment. Perhaps the Williamson Act, even if the county has to absorb the loss revenue for the price of open space, is the best choice at this time. Leroy Radanovich Leroy Radanovich Email: Leroy Radanovich To Read More By Leroy Radanovich: Leroy Radanovich's Mariposa Life Archives |
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March 25, 2008
All articles copyrighted by Leroy Radanovich
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