What Democracy?

Potato Farmers, Mystery Developers Win Hastings Annexation Vote
by Ed Slavin

Hasty Town of Hastings annexations will transform the town. Currently, a majority of the town is African-American. Soon, the voting strength of that majority will be diluted by developers, possibly violating the Fifteenth Amendment to the U.S. Constitution and the Voting Rights Act. The Justice Department and EPA may now review the annexations and development over civil rights and environmental issues.

Town of Hastings Commission members voted September 26 to approve nine proposals to annex a total of about 800 acres of rural land into the town, paving the way for future development of the Potato Capital of Florida (founded in 1890 by Thomas Horace Hastings, the cousin of Standard Oil antitrust violator Henry Flagler). Hastings Commission members receive $50/month for part-time work and appeared overwhelmed by the developer and farmer pressures, which included County Commissioner Karen Stern, the developer's friend, in the audience. Stern had previously praised Hastings for engaging in the "annexation process," which will mean that homes can be developed without paying county impact fees.

The County Commission later voted not to sue Hastings to stop the annexation, though Hastings’ annexation will circumvent the County's developer impact fee. St. Augustine developer Susan Bremmer spoke for Wesley Smith and herself, but opined on other annexations, as well. Developers with options to buy land from other farmers were never identified. Commissioner Sharon Sprenger asked "why we’re being bombarded with so many annexations at one time," stating "I just don’t know what the hurry is." Several times she asked, "What’s the hurry?" No one answered. "Nobody's bought me," she said. All Commissioners denied receiving contributions or any money or other valuable thing from developers.

Nine Hastings annexations were approved unanimously or on 4-1 votes. Ms. Sprenger dissented from several of the votes and unsuccessfully moving to postpone action to obtain more information. One 240 acre annexation toward the end of the evening was almost rejected, as Commissioners initially did not move or second any motion. The Town's lawyer, planner, farmers and developers glared at the council members. A second Hastings Commissioner nearly joined Sprenger. Toward the end of the meeting, Ms. Deborah Cata hemhawed about supporting Sprenger's effort to postpone a vote (a motion to lay the issue on the table, or "tabling" motion). Ms. Cata was publicly leaned on by colleagues and the City Attorney, who said she had to vote. She quickly fell back into line.

Developers' Dream

1. Demanded no answers as to what developers had signed options to buy which farmers’ land.

2. Sought no concessions from farmers or developers — no money for roads, water and sewer improvements, parks or other infrastructure.

3. Declined requests to ask witnesses to be sworn, as is the practice in St. Augustine’s City Commission.

4. Did not seek or obtain any soil samples for pesticide residue testing. 5. Declined suggestions to contact the EPA or Center for Disease Control for advice on building homes atop lands sprayed with DDT and other pesticides for generations.

6. Obtained no independent legal advice on Fifteenth Amendment and Voting Rights Act issues (diluting African-American voting strength in a town where African-Americans are now a majority of the voters and, two of five Commissioners members).

Conflicts of Interest?

Hastings was advised by:

A. A $20,000/year part-time town lawyer Ronald Brown, a St. Augustine attorney, whose wife is a developer and whose clients include Bald Eagle nest tree cutter Pierre Thompson. also advises developers; and

B. A $16,000/year part-time town planner/grant-writer, who admittedly gets 10% of the proceeds of some grants for "administration," which is not allowable cost under federal grants according to Matt Robbins of EPA in Atlanta.

Dilution of African-American Voting Strength

Was Hastings violating the 15th Amendment and the Voting Rights Act, Section 2? Hastings Town Attorney Brown said there were few people currently living on the annexed land, misleading Commissioner by stating that there could be no Voting Rights Act violation because the annexation would not affect the annexed voters’ voting strength. The issue in annexations is the effect on current town residents’ voting strength, not the annexed area.

Civil rights law looks to the effect upon persons in the existing city and looks at "effects, not intent because clever people can hide their motivation," as courts have held.