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Hot seat: Idaho bench debate simmers

CHUBBUCK, Idaho - If the city removes 26 sanctioned benches based on problems with who controls ads on the benches, a former resident contends she would lose money needed to support her children.



Even so, an unofficial decision last Tuesday will allow an Idaho bench company, which has had an on and off relationship with the city and some residents, to keep its contract.



At the City Council's direction, City Attorney Thomas Holmes notified Wendy McCurdy, owner of McCurdy Marketing, her bench contract would be terminated in mid January 2004.



But Mayor John Cotant said after a meeting with McCurdy last Tuesday morning, he's agreed not to enforce the city attorney's letter until "the time is right."



McCurdy's contract gives her exclusive rights to the placement of benches on Chubbuck, Idaho sidewalks.



The benches McCurdy and her husband Byron own generate between $30 to $45 per bench. Real estate companies and car dealerships provide most of the advertising. McCurdy told council members Tuesday that 16 of the benches are rented.



The bench contract generates about $600 a month for the Denver-based marketing agency, but the city only receives $1 a year. In return, the city can choose the location of the benches and the company must provide some free advertising for programs such as the schools' Drug Abuse Resistance Education or DARE program.



The city also has the power to terminate the contract with a 90-day notice, which the council agreed to do Oct. 14.



The McCurdys also own benches in Rexburg, Idaho and St. Anthony, Idaho and said if the council were to take away their contract, they'd move some of their benches to other locations.



Business owner Dave Eborn told council members last week he wanted to purchase an ad on the back of a city-endorsed bench for his new fence company, but is wary of it while the city negotiates a new contract. The owner of Chubbuck's Subway, who has advertised for the past three years, also recently purchased new bench advertisements, McCurdy said.



"A lot of their customers have paid up-front," Cotant said after the recent City Council meeting. "We have an obligation to honor our commitment to them and after most of their contracts are up in a year, then we'll revisit this matter."



In a 5-page letter dated Oct. 20 to the mayor, McCurdy outlines a troubled relationship with the city ever since an Idaho police officer's wife showed interest in bidding for the bench contract.



McCurdy said she was granted the bench business after her divorce with Scott Price, owner of Price Benches of Idaho. She renamed the business McCurdy Marketing, after her new husband's last name. But even with the ownership change, no signed contract can be found by either the city or McCurdy. McCurdy insists the city never sent her a signed copy.



She sees the benches as a primary source of her child support.



"The amount I receive on the benches does not even begin to be in the amount that should be provided ... for raising my children," McCurdy wrote in her Oct. 20 letter to the city.



The McCurdys maintain a home in Twin Falls, Idaho as well as a home near Denver. She said she has a brother-in-law in Twin Falls, Idaho and other relatives in Pocatello, Idaho who also watch her local business interests.



This past year, she purchased $500,000 of liability insurance and a $25 business license.



McCurdy has removed benches when the city has told her to in the past. At the request of Chubbuck, Idaho and the city of Pocatello, Idaho she removed two benches that were barely within the zig-zag Pocatello-Chubbuck border near T.J. Maxx and the International House of Pancakes. Chubbuck, Idaho also requested she shift two other benches in an unspecified area, according to McCurdy's letter to the city.



McCurdy said that's when she first encountered problems with the benches when she tried to move a bench rented by Realtor Kathy Severe, wife of a Chubbuck, Idaho police officer. McCurdy's letter said Severe wanted a bench at two different locations that were not allowed. A final bench location was ultimately found near Pine Ridge Mall, however, McCurdy was already at work constructing her own private benches.



McCurdy's letter said Severe used McCurdy's discount at Idaho Graphics to create two of her own benches. Severe then placed benches in front of Rite-Aid and Home Depot on Yellowstone Ave. Both were unapproved city locations, McCurdy said.



Severe said in an interview she was given police department permission for those locations and didn't realize she was using McCurdy's discount until the Idaho State Journal contacted her Oct. 30.



"I definitely didn't know about the discount," Severe said.



McCurdy's husband, Byron,0 said in an interview he called Severe requesting she move the benches, but she refused. Severe said she didn't have to move the benches since she had the police department approval for them.



"I was really frustrated with the city because I didn't get a definite answer from them," Severe said. "I didn't want to move the benches just because McCurdy told me to, especially since they didn't even have a signed contract with the city. The city had to be the one to tell me to move the benches."



She ultimately moved her two benches to private ground. About two weeks ago, Severe went to the city and asked it to re-bid the bench contract so she could bid on it. The city agreed.



Severe added the McCurdys didn't have a business license or insurance until Severe started to investigate their contract.



Despite prior correspondence and phone calls with the city, in the letter, McCurdy said she didn't know Severe had requested the bench re-bidding until the Idaho State Journal contacted her Oct. 16.



"Now I am back in the newspaper where I don't want to be," she wrote.


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