Journal Editor

Further discussion on a potential lawsuit and other matters related to the building of as many as 10 billboards in Des Plaines will resume on Monday, Nov. 29, aldermen decided Monday night.

Legal & Licensing Committee chairman Ald. Don Smith (7th) said the meeting was scheduled in order to give council members more time to discuss the controversial and complex issue.

Aldermen Monday night huddled in a closed-to-the-public executive session for an hour in City Hall where the only subject discussed was billboards. The main focus was what the city will do in the face of a threat of a lawsuit over the contention that the city cannot deny a billboard company permission to erect outdoor advertising signs having acquired those rights from another company.

"I don't think we can just dismiss their arguments," said Smith Tuesday. "We're talking about a lot of money...millions of dollars."

The sticky issue involves the claim by two companies that they have the right to erect as many as 10 billboards in Des Plaines having either purchased the company that held those rights or bought those rights. Three of the 10 billboards have been erected.

The billboard controversy dates back to May of 2003 when City Council approved a proposal that allowed Premere Outdoor, Inc. to erect 10 billboards along the Northwest and Tri-State tollways near O'Hare Airport. Forty-two days after the agreement was inked, Premere Outdoor sold those rights to Lamar Outdoor Advertising for $10.5 million. Later, Lamar sold back five of those billboard rights to a newly-formed company, Premere Media, Inc. That company then sold those remaining five sign rights to media giant Viacom for an undisclosed price.

For a long period of time, City Attorney Dave Wiltse said the billboard rights could not be sold or transferred. However, in recent weeks, Wiltse has apparently changed his position to the point where aldermen are strongly considering allowing the sale of the sign rights to take place, especially in the wake of threats by Viacom to take their case to court if necessary.

Another aspect of the issue that has raised many eyebrows is the fact that convicted felon James Dvorak, a former Cook county undersheriff and Republican Party chairman, was one of three shareholders in Premere Outdoor as well as president for some time of Premere Media. Another convicted felon, an Oak Park businessman, was listed as president of Premere Outdoor. Dvorak has been a close friend of former Des Plaines Acting City Manager, Community Development Director, and Economic Development Director Bill Schneider for many years. Schneider, who played a major role in the billboard matter which led to the agreement with Premere, resigned his city position earlier this year after his association with Dvorak and conviction of mail fraud in the mid-1990s became publicly known.

What position aldermen will eventually take concerning the billboard matter is uncertain. It's believed some want the city to hire an outside attorney to advise them on whether settling with the sign companies is best or whether they should stick with Wiltse's earlier belief that the rights are not transferable.

After Smith's announcement Monday that the subject will not be discussed at that meeting, five billboard representatives sitting in a front row pew of the Council Chambers got up and left City Hall.

"At the Nov. 29 meeting we'll continue to discuss how we want to deal with the potential for a lawsuit," said Smith. He said that aldermen may meet in an executive session that night. When they convene in open session, said Smith, members of the public will have an opportunity to ask questions and voice their opinions. Smith said other billboard-related matters may also be discussed at that session including establishing sign lighting standards.