No conflict for Wheeling trustee, attorney says
Wheeling trustee Patrick Horcher wanted to silence rumors Monday about whether he should be voting on giving developer Mark Smith additional money for his Prairie Park condominium development.
"Even though our village attorney has issued a written opinion saying I have no conflict of interest, I would welcome an investigation from the state's attorney's office on this matter," said Horcher at the end of Monday's village board meeting. "It would clear this up and get it out of the way."
Horcher then made a motion to forward the issue to the Cook County State's Attorney, but the motion failed 6-1, with Horcher as the lone "yes" vote.
In June, Smith told the village board he needed the additional $3 million to pay off bank loans taken out to build Prairie Park, a high-end condo project on North Wolf Road. If Smith gets his money, it would bring the village's total financial contributions to the project to $7.5 million. The board is expected to discuss the topic again later this month.
Horcher has been the only board member to publicly oppose giving Smith the additional $3 million.
His objectivity on the issue was called into question by Prairie Park resident Allen M. Rosenston, who sent an e-mail to Village Manager Mark Rooney and Village Attorney James Ferolo on Aug. 3.
According to Rosenston, Horcher shouldn't vote on anything having to do with Smith's funding because Horcher's brother, Michael Horcher III, runs Horcher Brothers Enterprises, a company that used to do landscaping and snow removal work for Smith's company, Smith Family Construction. The companies no longer do business together, but a dispute remains about final payment, according to Rosenston's e-mail
After the Monday's meeting, Horcher said he only "plowed some snow" for his brother and wasn't sure why his brother and Smith no longer did business together.
"All I know is that the contract is no longer in force," he said.
Ferolo said in a written opinion Horcher should be able to vote on Smith's funding because Horcher has no ownership interest in his brother's company. However, Ferolo also wrote that Horcher Brothers and Smith Family Construction did not part on the best of terms "due to a nonpayment from Smith Family Construction."
"Trustee Horcher does not stand to benefit financially or suffer any financial harm from the outcome of the vote on the issue of whether to give additional TIF funds to the Smith Family for the Prairie Park development," Ferolo wrote in his letter.
Wheeling trustees said they accepted Ferolo's opinion and didn't want to pursue the matter.
"The issue is done," said Village President Judy Abruscato. "I don't think we need the state's attorney's office and should follow our attorney's advice. If anyone out there has any doubts, they should call the village hall and we'll put you in contact with our village attorney."