Elmhurst residents who signed a petition to vote on the Wilder Park bandshell location will get a second chance at the board table Monday, Aug. 24, when park commissioners decide whether to certify the citizen petition for the Nov. 3 ballot.
The meeting comes two weeks after the board voted 5-2 against an advisory referendum on the bandshell's controversial east lawn site, and after newly surfaced emails revealed that board President Kevin Graf co-signed a memo recommending the very measure he then voted to kill.
Emails show praise, then silence
A memo posted with the Aug. 10 board agenda carried recommendations from Graf and Executive Director Jim Rogers to support an advisory referendum on the bandshell location. Shortly after the agenda went public, Commissioner Vince Spaeth emailed Graf praising the move, Patch reported based on records obtained through a public-records request.
"Thank you for providing your and Executive Director's recommendation to the board to vote and approve the Advisory Question Resolution below," Spaeth wrote. "I believe this is a wise decision that minimizes risk to the district and allows the citizens to have their voice heard — through this alternative pathway."
The park district had no record of a response from Graf.
At the Aug. 10 meeting, Graf reversed course, telling the audience his recommendation was merely procedural. He then admonished residents: "Shame on you for not paying attention during the process," referring to the bandshell's east lawn location being included in 2024 referendum materials. The board voted 5-2 against placing the question on the ballot, with Graf, Scarsella, Sheehan, Kubiesa and Smentek in the majority and Spaeth and Ubriaco dissenting.
Resident Jim Schuetz wrote in an Aug. 19 email to Patch that the comment was "unprofessional and condescending."
Spaeth told Patch on Aug. 19 he disagreed with Graf's framing. "I believe the public would interpret the meeting info more literally. Shame. I would have worded it differently," Spaeth said.
Monday's agenda: certify the petition
The Aug. 24 board memo recommends that commissioners direct Rogers, acting as Local Election Official, to certify the citizens' petition for the Nov. 3 General Election ballot. The item was added at Spaeth's request.
Commissioners will review competing legal opinions from district counsel Andrew Paine of Tressler LLP, who previously said the petition was invalid under state law, and petitioners' attorney John Fogarty Jr., who argues state law authorizes public questions for any unit of local government, including park districts.
Rogers rejected the petition in a July 30 letter to residents Andrea Hutchinson and Claire Cronin, calling its 1,183 signatures "invalid as a matter of law." At the Aug. 10 meeting, Paine said the board held no power to overrule Rogers' decision.
Background: a $90 million referendum and a 4-3 vote
Elmhurst voters approved a $90 million park district bond referendum on Nov. 5, 2024, with $85 million earmarked for a rebuilt Wagner Community Center. The referendum also authorized building a community bandshell at Wilder Park. The board voted 4-3 in January 2026 to place the bandshell on the east lawn of Wilder Mansion. Opponents say the location would block sightlines to what they describe as perhaps the city's most iconic building.
A 2025 park district survey indicated residents overwhelmingly preferred a different Wilder Park location. Soil sampling for the bandshell was completed as of July 2026, with eight borings done, indicating construction planning continues regardless of the dispute.
What's next
The board meets at 7 p.m. Monday, Aug. 24, at Wilder Mansion, 211 S. Prospect Ave. If a majority votes to certify the petition, Elmhurst voters would see a nonbinding question about the bandshell site on the Nov. 3 ballot.
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