Bus Agency Silent On Powers In Burr Ridge Situation

BURR RIDGE, IL — A suburban bus agency is not revealing whether its executive director has the power to enter agreements granting particular businesses free use of public parking lots.

Both Patch and a lawyer representing Burr Ridge residents have tried to get documents showing whether the Pace bus agency's executive director has such authority. Through public records requests, the agency has not provided any documents.

This has become an issue in Burr Ridge because the popular Capri Ristorante in County Line Square has a 10-year agreement with Pace for the free use of a nearby lot. The former director, T.J. Ross, signed it.

At a Plan Commission public hearing Monday, attorney Neal Smith of the Chicago-based Robbins Schwartz law firm challenged the validity of the agreement. The pact had been cited as a way that Capri Ristorante and its proposed bar, Are We Live?, can handle parking issues.

Smith noted Pace would not provide any rule or document that gives the executive director authority to enter such agreements. Under state statute, Pace's board must assign specific authority to the executive director outside those powers granted under state law.

However, commissioner Barry Irwin, an attorney himself, questioned Smith, saying he presented no evidence that the director lacked such power.

Smith said he did his homework and sought the relevant documents from Pace indicating such authority for the director.

"There was crickets," he said.

Another commissioner, Mike Stratis, said the agreement is "barely a contract" and is revocable at any time. He contended most agencies give powers to administrators, saying it "strained credulity" that Pace's executive director lacked the authority to enter the agreement.

Stratis also questioned why the director would risk his career by approving such agreements if it were outside his authority.

"You're waiting for a gotcha with Pace," Stratis told Smith.

Pace's 13-member board is made up largely of mayors and former mayors of suburbs.

On Tuesday, Patch submitted a public records request for three examples of agreements in which Pace granted private businesses free use of parking lots. Patch is also again asking for any documents showing the executive director's powers in granting free use of public property.

Pace attorney Christopher Lyons, who handles the agency's public records requests, has not returned email messages for comment.

Recently, a Pace spokeswoman said the village of Burr Ridge sought the agreement for Capri Ristorante in 2015. If that's true, it is unclear why the village would seek such an agreement for one business at County Line Square, but not any of the others.

Burr Ridge records indicate that Capri Ristorante's valet contractor park cars in the Pace lot, which is at Lincolnshire and McClintock drives.