Council terminated its contract with the Kiwanis Club, which allows the club to sell advertising on the backs of bus benches along Lundy's Lane, at its April 28 corporate services meeting after turning down staff's suggestion the city not break its agreement. Staff suggested council not renew the contract after it expires in June, 2010.

Instead, at the Lundy's Lane BIA's request, the city will activate a clause in the contract forcing Kiwanis to remove the benches by mid-August.

"The total lack of respect that the Lundy's Lane BIA are demonstrating towards a long-time volunteer organization who over the years have raised and contributed millions of dollars to the community is appalling and actions of this council in this regard are extremely disappointing," said Brian McKeown, the chair of the Kiwanis bus bench committee, in letter to council May 2.

The BIA's Beautification, Revitalization and Greening committee wants to begin improving the streetscape along Lundy's Lane by reducing the amount of sign pollution in the business district. It wants to start by removing bus bench sign advertising and changing over the old-style benches to a new, more aesthetic design similar to the benches in the Fallsview district.

Kiwanis has been using city-wide bus bench advertising to raise funds for its community programs since 1986. It owns 60 bus benches across the city, which are made with a concrete frame and wooden seats and backs, with 26 on Lundy's Lane between Drummond Road and Thorold Townline Road.

The program generates about $70,000 a year. Proceeds from Lundy's Lane benches make up about a third of the program's total proceeds. The club uses the money raised from its top fundraiser to support, among others, the Greater Niagara General Hospital, the Boys and Girls Club and Big Brothers and Big Sisters.

The issue has been simmering for nearly three years and the groups haven't been able to agree on a compromise. McKeown said Kiwanis has begun changing over its benches, spending $24,000 on 15 new wrought iron benches. Five new benches have been installed so far on Lundy's Lane.

But the benches still include advertising, something the BIA wants to eliminate on Lundy's Lane. Studies show bus bench advertising is a form of visual pollution, said Victor Ferraiuolo, general manager of the Lundy's Lane BIA.

"This method of advertising is becoming antiquated," said Ferraiuolo.

Kiwanis asked council April 28 to table any discussions for a week so it could make a presentation to council. Coun. Jim Diodati and Mayor Ted Salci said council should hold off any decisions until Kiwanis could be present.

Instead council proceeded to terminate the contract. McKeown said he's astounded council choose to disregard the concerns of the long-standing service club, adding it purchased new benches believing its agreement with the city from 2005 would carry on until the end of its term. To cancel and remove benches which advertisers have secured will cost the club about $20,000 more if it has to refund payments.

"Who may I ask is going to reimburse us and the community for this cost?" asked McKeown. "Is the Lundy's Lane BIA prepared to reimburse us? Is the City of Niagara Falls prepared to reimburse us?"

Some members of council said this issue has dragged on long enough. Stalling any longer would be detrimental to the BIA, said Coun. Janice Wing.

"You are talking about a non-profit group and people who have their lives at stake on Lundy's Lane," said Coun. Wayne Thomson, adding with the challenges mounting against the businesses, the city should do what it can to help them. "When you are talking about people struggling to pay their tax bill, it's an easy decision."