"An offense to all voters" - Lobeck on Sarasota County redistricting

Update: Gerrymandering/racist charges likely to come in December

Sunday, November 17, 2019

Sarasota Herald Tribune
GUEST EDITORIAL

Not just lines on a map

"As long as he’s a citizen of Sarasota County he’s entitled to submit a map" to redraw the County Commission election districts. — County Commissioner Nancy Detert

Well, Robert Waechter is not just any citizen. And his map, to be voted on by the commission Tuesday, is not just any map.

Mr. Waechter is a convicted criminal, found guilty of fraud for stealing the identity of a Republican opposing the election of Alan Maio to the county commission, to discredit her in the primary by donating in her name to Democrats.

And that was only one incident, linked to a political machine of development interests who hand-pick candidates for local offices and bankroll them to election. I call them the Cabal.

The Cabal was appalled when their big-money domination of commission elections became threatened by 60% voter approval of singlemember districts, despite the Cabal’s expensive and deceptive opposition. Now it takes one-fifth as much money for a candidate to get out a message and neighborhoods are more empowered.

So no surprise when the commission decided to redistrict early, before reliable numbers from the 2020 census, and conduct next year’s election for three commission seats under a new map.

Bob Waechter’s map was submitted under the name of Adam Smith, to hide its source. When Herald Tribune reporter Zac Anderson tracked email addresses to pin the map on Waechter, he at first denied that the map was his.

The Waechter map does two things.

First, it protects incumbent County Commissioner Mike Moran from Democratic voters (who now form a majority in his district) by carving African American neighborhoods out of District 1 and denying them a vote until 2022 (before which I predict the commission will seek to repeal single-member districts).

The second impact is an offense to all voters, including Republicans like me. The Waechter map would carve out of Moran’s district every likely opponent to his reelection, in both parties.

This includes former Sarasota Mayor Fredd Atkins, who has declared, as well as New College professor Frank Alcock, who has expressed a strong interest, and potential candidate Hagen Brody, a Sarasota City Commissioner. All are Democrats.

Also, the Waechter map, in redrawing Moran’s district, curiously jags to the north in the eastern county to carve out Myakka Valley Ranches. Thathappens to be the home of Frank DiCicco, who gave Moran a run for his big money in the 2016 Republican primary despite entering the race at the last minute.

This same thing happens in the district of Nancy Detert. At present, she faces a challenge from outgoing North Port Mayor Chris Hanks. The Waechter map carves North Port out into a separate district, and puts Detert into the Venice district, which is up for election but has no incumbent due to Commissioner Charles Hines being term-limited.

That way, Detert is free of Hanks’ challenge and the Cabal gets a shot at electing Hanks if they choose to anoint him.

On Oct. 30, Commissioners Moran, Detert and Maio prevailed on a 3-2 vote to put the Waechter map before a public hearing on Tuesday, together with an alternative by a consultant which merely moves a large Republican precinct into District 1.

While any redistricting should await the 2020 census, the fact that the Waechter map is even being considered is scandalous. If it is approved it will be a scandal beyond compare.

Dan Lobeck is a Sarasota attorney and president of Control Growth Now.

Sarasota Board's "park-like setting" is a WTF

This photo was taken from I-75 near Palmer Boulevard, looking east. In the distance is the Celery Fields Mound. In the foreground is the six-acre site where James Gabbert will build a Waste Transfer Facility:

Site of Gabbert Waste Transfer Facility

The site is immediately next to the highway, bounded by thin, fragile Porter Road on the west, and equally narrow Palmer Blvd. on the North. In the distance is the gorgeous mound and wetland area of the Celery Fields, an internationally known bird habitat. A home or way-station to over 225 species of birds, this area is so prized by bird lovers, recreationalists and tourists that that the Audubon Society spent over $1 million to build a nature center there. 

Behind the row of trees lies a 10.6-acre parcel of public land, which Gabbert once wanted to buy to build a full-blown unenclosed waste processing facility. The citizens came out in August 2017 in droves to oppose that scheme, and the proposal was voted down (but supported by Commissioners Maio and Moran). But the six-acre waste transfer station - a facility that essentially serves as a temporary dump where waste is moved from small vehicles to large trucks - was approved by the County in 2015. Gabbert has revised his plan a number of times, and it is very close to getting final approval. Word is, that will come in February. 

Waste transfer operation at a facility 
designed and built, 

but no longer operated, 
by James Gabbert

Residents and highway motorists will soon be treated to the vision of mounds of construction debris being moved from small trucks to large a stone's throw from the highway.

In order for this to happen, the Board had to violate its own ordinance as well as a Federal law.

When the Board approved Gabbert's site rezone in 2015, it violated a county ordinance that specifically mandates that  lands running alongside this area of I-75 present a "park-like setting." Here is the law --  I-75 Corridor Plan #89-35, Exhibit B, Item M -- which states:

In recognition of I-75 as an area of critical concern, all critical area plans within the I-75 Critical Area of Concern shall be consistent with the following where applicable: 

       (m) a positive image for I-75 through the establishment of quality development within a park-like setting.

Further, the Board approved Gabbert's WTF in violation of the Highway Beautification Act of 1965, which among other things aimed to beautify highways by screening or forbidding junkyards:

The act called for control of outdoor advertising, including removal of certain types of signs, along the nation's growing Interstate Highway System and the existing federal-aid primary highway system. It also required certain junkyards along Interstate or primary highways to be removed or screened and encouraged scenic enhancement and roadside development.[2] Highway Beautification Act

Robert Waechter

How did this location ever get approved for a waste station in the first place? Gabbert and his pal Bob Waechter have financial and political clout. Both Gabbert (who is a developer, lender, and head of a local bank) and Waechter (who was once head of the Republican Party in Sarasota, and owns a group of run-down industrial warehouses immediately south of Gabbert's waste transfer site) are significant money-men behind key county commissioners. Commissioner Al Maio has held campaign strategy meetings in Gabbert's offices; Waechter has spent money viciously smearing Democrat and Republican candidates who ran against Maio, and was convicted of identity theft in an attempt to destroy a fellow Republican's reputation.

Despite (or because of) the dirty tricks, Waechter wields considerable political clout. As former head of the local Republican Party, he has participated in redrawing electoral districts to ensure Republican control of the Board of Commissioners, which appoints the Planning Commission. He is also closely involved with the Charter Review Board. His close associate, developer and waste king James Gabbert, has long been a member of that Board.

Waechter and Gabbert has worked diligently to put Al Maio and Mike Moran on the Board - and most recently have backed Christian Ziegler, who replaced the independent-minded Paul Caragiulo.

Gabbert

Small portion of Gabbert's contributions to Al Maio's 2014 campaign

A minor sample of Gabbert's contributions to Al Maio's 2018 campaign

Al Maio

About the August Primary in Sarasota

Recently at Tiger Bay, Sarasota Commissioner Al Maio said he thinks selling our public lands at the Celery Fields for industrial use makes sense, because an 11-acre industrial warehouse parcel sits next to it.

Tiger Bay Commission Candidate Panel l to r:
 Wesley Beggs, Mike Cosentino, Al Maio, Lourdes Ramirez, Moderator Kevin Cooper

The Commissioner didn't mention that the Celery Fields happens to be a short walk away, or that the 11-acre industrial parcel happens to be owned by Robert Waechter. It's separated from the public parcel at Apex and Palmer by a canal and a line of trees -- they are not exactly "contiguous," as Maio claimed. What's more, Waechter, the former chairman of the Sarasota Republican party, betrayed Lourdes Ramirez, one of his party's candidates in 2012, stealing her identity to make it look like she was donating to Democrats. Waechter tried the dodge to promote Al Maio over Ramirez for the County Commission. He was charged and convicted of both a felony and a misdemeanor, and sentenced to house arrest, probation, community service, fines and fees. 

This past April, Waechter sent a letter to the County arguing that public land near the Celery Fields should be sold for industrial use. He was writing to oppose residents who wish the County to dedicate public lands near the Celery Fields to community uses.  The citizens, who have done outreach, community meetings and polls, say residents favor community-friendly uses such as affordable housing upstairs from shops and fooderies, a birding lodge and restaurant, a YMCA sports complex, or even just a community center with a pavilion and landscaping to attract more birds. (Copy of Waechter's letter).

The Celery Fields has an international reputation as habitat, hosting over 225 species of birds. Known for its large plateau-like mound, it also has come to be a prime outdoor area for hiking, walking, exercise, picnicking, bicycling, stargazing, photography and more. The Audubon Society built a $1 million nature center at the base of the mound which sees thousands of visitors from all over the US and elsewhere each year.

Despite the community's wishes and strong opposition to selling our land for industry, Mr. Maio told the Tiger Bay audience that he sees no reason to change his vote in favor of James Gabbert's proposed 16-acre waste processing facility, which failed by one vote on August 23 last year. In his Tiger Bay statement, Maio says it was only to be a "waste transfer station," when in fact it was a full-blown construction demolition pulverizing facility.

Waste processing facility on Fruitville Rd. built by J. Gabbert

Since the Board's decision last August, the County has taken no steps to revise the land use of the public lands to prevent industrialization. That means that Gabbert - or Waechter - can come back after one year -- anytime after August 23 -- and propose large warehouses, or open demolition waste processing or some other industrial use, and apparently receive a sympathetic hearing from Mr. Maio.

Consider this:

Right now, Sarasota's shoreline is a smelly mess thanks to dead fish, manatees, turtles and more due to Red Tide, which this year has been the worst in recent memory. 

Given those conditions, the Celery Fields unquestionably is the best place for Sarasota visitors and residents to be outdoors, view birds, and hike in bright, clear air. Myakka State Park is very nice, but is near flood levels thanks to heavy rains.

Mr. Waechter, Mr. Gabbert and, apparently, Mr. Maio see no reason why we should not have more warehouses or waste facilities on our public lands. For them, nothing has changed since 1983 - when there were no homes, no schools, no Celery Fields. And the County has done nothing to modify the land use, despite all the attention given to this area.

If Waechter prevails, visitors climbing our observation mound -- "Mount Celery" -- will be able to see acres more of Waechter's warehouses:

The new Waechter warehouses will complement his existing ones (featured above), and go well with the Waste Transfer Facility that Gabbert still plans to build along Porter Road at Palmer Blvd. 

Here's what Gabbert's old waste transfer facility on Fruitville Road looks like:

If you want a Commissioner who approves the antediluvian views of Waechter, Gabbert and others, vote for Al Maio. If you do not, Lourdes Ramirez is his Republican opponent in the August Primary. 

*Al Maio's Tiger Bay statement - about 4 minutes

CRB says NO to Waechter

The citizens of Sarasota came to the Charter Review Board's "private meeting," but they let themselves be heard. They held a Rally before it, and they spoke at the meeting.. And they watched as the Board, in a "Private Meeting," voted unanimously NOT to go forward with the Waechter Proposal that the Board destroy its reason for existing - to offer the people of Sarasota a means of checking its government.

Background here, here, and here.

Congratulations to the citizens who Rallied and stayed for the decision.

Coming Events: A short list

Saturday, May 7, 9 am

The Conservation Committee will gather on the sidewalk by Whole Foods in downtown Sarasota. The plan is to carry signs and get petitions signed both at Whole Foods and at the nearby Farmers Market to protest the corporation's wish to locate a second store on top of a 4.5-acre wetland at Honore and University Parkway. Quite a bit more about the Whole Foods wetland fight here.

Monday, May 9, 7 pm - State Senate CONA Forum 

CONA Sarasota holds the second of its candidate forums, this one for State Senate. The format for questions -- short-answer hardballs, with follow-ups when worthwhile -- makes for a lively and revealing exchange. Dan Lobeck again will do the questioning, as he did for the State House Forum in April. Here's hoping all the candidates can appear. It's at the Sarasota Garden Club on Blvd. of the Arts.

Wednesday, May 11, 6 pm - Bob Waechter Proposal at CRB

The Sarasota County Charter Review Board meets at the County Administration Building, 1660 Ringling Blvd., at 6 pm to hear Mr. Waechter's proposal that the Board commit a form of institutional hara-kiri. Mr. Waechter has stated that he believes it is in the citizenry's best interest to put the Review Board in Limbo until such time as someone (unclear who) sees fit to wheel it out. Citizens for Sarasota County and others question whether this is in the best interest of Sarasotans. We're asking that those who come out Wednesday to oppose this initiative wear white shirts. More background here.

Saturday, June 25, 2 pm - BGA Forum

Better Government Association Forum at the new Gulf Gate Library Auditorium/Conference Room from 2 to 3:30 pm. The topic is REFORMING OUR LOCAL ELECTIONS (County of Sarasota) with Jon Thaxton and Cathy Antunes, and moderated by Frank Alcott.

Also:

The final date to declare candidacy for Federal and Judicial offices is May 6.  The final date for state and local offices is June 24. A website about the candidates is underway - more soon.