GLEN ELLYN – The DuPage County State's Attorney's Office does not plan to take any action against the village of Glen Ellyn after those opposed to plans for a gas station and convenience store at 825 N. Main St. in Glen Ellyn questioned the validity of a vote to sell the land to gas station operator True North.
The office has looked into the matter and will not take any action against the village, said Paul Darrah, communications manager for the State's Attorney's Office.
Glen Ellyn trustees and Village President Alex Demos during a special meeting May 1 voted 5-2 to finalize the sale of land for the proposed gas station and convenience store. Among those voting in support of the sale were outgoing trustees Dean Clark, Timothy O’Shea and Diane McGinley, along with outgoing Village President Demos.
McGinley was seated as the village's new president May 8, along with new trustees Bill Enright, Gary Fasules and Craig Pryde. Gas station opponent Diana Martinez had questioned whether the May 1 vote was valid because the three new trustees, along with McGinley, were elected during the April 4 election, and the results already had been certified by May 1.
Her group, Protect Glen Ellyn, asked the State's Attorney's Office to investigate the issue and issue an opinion on whether the May 1 vote was valid.
In an email, Glen Ellyn Village Manager Mark Franz said the village was "fully confident" the May 1 vote was legal. He cited Illinois Municipal Code, which provides "that the terms of elected municipal officers shall commence at the first regular or special meeting of the corporate authorities after receipt of the official election results from the county clerk of the regular municipal election at which the officers were elected, except as otherwise provided by ordinance fixing the date for inauguration of newly elected officers of a municipality.”
According to Glen Ellyn village code, "A regular term of a trustee shall commence and a newly elected trustee who has otherwise qualified, shall be inaugurated and begin the duties of office during the regular meeting of the board of trustees on the second Monday in the month of May, following the proclamation of the results of the regular municipal election at which the trustee is elected."
Voting "no" on the sale of the land were trustees John Kenwood and Mark Senak. Demos voted because the village president is required to vote for the sale of public property.
The sale was approved with the conditions that the station would be closed from midnight to 5 a.m. seven days a week, and the gas station operator would allow for an access easement on the property for the provision of additional on-site landscaping.
Trustees also approved a liquor license for the business. As part of the license, True North will be able to sell alcohol from 9 a.m. to midnight Mondays through Saturdays and from 10 a.m. to midnight Sundays.