COMMENTARY

MILT THOMAS

Yesterday the County Commission spent about two and a half hours discussing Charlie Wilson’s request to refund impact fees for 40 of his clients. This is far from the first time Wilson has appeared before commissioners to gain refunds for his clients. It is also not the first time his request was denied by a 5-0 vote. So a logical question is, why does he continue trying? Is he a modern day Don Quixote or does he have a legitimate concern?

Impact fees are a common means for government to collect money from new development to help offset the cost for increased public services needed to service that development. In Indian River County, the issue historically is the amount assessed for impact fees.

For Wilson, the issue is whether impact fees should be refunded if that new development does not occur, or occurs beyond the designated time limit of six years as he interprets it. In this case, he is acting on behalf of 40 clients who paid the school district portion of those fees in 2008. According to Wilson at yesterday’s meeting, “No new school construction occurred between 2008 and 2014 and there were 1,000 fewer students, so that portion of their impact fees should be refunded.”

The first half of the discussion was spent on background presentations by Community Development Director, Stan Boling, CEO Steve Tyndall of Tyndall Oliver Consultants and Indian River County School District Director of Facilities, Scott Sanders.

Wilson then presented his clients’ case for a refund, and if the Commission did not grant it, he was prepared to take the matter to court with his lawyers (plural). Most elected officials do not care for that kind of threat. But they have come to expect it from Wilson.

In January 2013, Wilson argued for returning some $83,000 of unspent impact fees to property owners. When his request was denied, he threatened to form a political action committee to replace County Administrator Joe Baird (which he did form, “Committee to Replace Joe Baird”). He contended county staff had deliberately obstructed refunds at the behest of Baird, who he said had “a personal vendetta against me and my company.” More about the company later.

In August of that year, Wilson also accused the county of “confiscating” $1 million from Windsor Corporation. He told radio host Bob Soos that they took a deposit “…and made it part of their personal capital, the same way they did with impact fees.”

In fact, the $1 million resulted from a land swap between Windsor and the County, approved by the State. The money was originally in escrow but the County was allowed to keep it as long as it was used for recreation.

For years, Wilson has been critical of the County’s handling impact fees. Back in 2007, he started an online blog, Indian River Report, which served as a vehicle for his criticisms about impact fees and another favorite target, the Indian River County Chamber of Commerce.

In December 2010, Wilson and several investors started Asset Research and Recovery, specifically organized to recover unspent impact fees. The plan was to charge clients 30 percent commission on any recovered fees. Ten months later, he had a falling out with those investors over his strident approach to County officials. In spite of signing a non-compete agreement with them, he started two competing companies, Open Permit Search Inc. and Impact Fee Consultants.

Several months after that, he filed a lawsuit against the Vero Beach Museum of Art, claiming they were refunded $100,000 and he was entitled to a 30 percent commission. He ultimately won the suit, but then an attorney and partner in his former company, Asset Research and Recovery, sent him a letter claiming he had violated their non-compete agreement and the fee belonged to them. If the suit was settled in their favor they would donate the fee to charity. They never received the commission nor did they receive a response to their letter. It was finally paid by the County to Impact Fee Consultants.

Getting back to yesterday’s school district impact fee discussion, Wilson cited a case in Hernando County as precedent for his action, one he felt would carry weight in court. County Attorney Dylan Reingold, who had the Hernando case in front of him showed the results were not as Wilson depicted them. During questioning from the Commissioners and responses by Wilson, Commissioner Solari expressed his discontent at one point saying, “You keep twisting what I say and I really don’t appreciate that. You’ve done it three or four times today and the first few times I ignored it. “

A chastened Wilson apologized for misquoting him.

Consultant Steve Tyndall has testified before legislative bodies for 30 years on this subject and it was the first time he ever heard the claims Wilson made for refunding impact fees.

A frustrated Wilson finally asked if there was any case where the county has refunded impact fees. That was answered with numerous cases where fees were refunded. The Commission then voted on Wilson’s request for refund and it was denied in a 5-0 vote.

Wilson stepped away from the dais, mounted his Rocinante, and left, sure to return for another charge.