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Conservancy, city still working on long-term parks deal

Published:March 30, 2010, 5:33 PM

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Updated: August 21, 2010, 9:51 AM

Many people will likely flock to local parks later this week as the region prepares to bask

in summerlike weather.

This early gift from Mother Nature raises a question in Buffalo: What's up with talks

between the city and the nonprofit group that maintains the six historic Olmsted parks and

connecting parkways?

"We're making tremendous progress on coming to an agreement," replied Thomas

Herrera-Mishler, president and chief executive officer of the Buffalo Olmsted Parks

Conservancy.

Without divulging details involving the lengthy bargaining, Herrera-Mishler informed Common

Council members Monday that the city has sent the conservancy an offer, and the group has

submitted a counter proposal.

Herrera-Mishler told The Buffalo News last week, he's cautiously optimistic that a final

agreement will be announced soon.

City Finance Commissioner Janet Penksa today gave the Council an upbeat progress report on

the status of talks with the conservancy.

"They've been very positive. We are working through the numbers with them," she said.

The Council unanimously approved a plan today that provides $300,000 in city funding to the

conservancy. Penksa said the measure was required to address the group's "cash flow issue."

City officials said the money will allow the conservancy to meet its payroll as the busy

season approaches.

Under the terms of the 2004 pact between Buffalo and Erie County, the conservancy would

continue to maintain most of the city's largest parks through at least the end of this year.

But negotiators have underscored the importance of finalizing a long-term deal. The city

reclaimed control of its parks this year, terminating a maintenance agreement with the county.

One lingering issue has been whether the conservancy would be required to pay employees a

higher "living wage" under a city law that has been on the books for several years.

Under the law, the city and companies that have contracts with the city must pay workers

at least $10.57 an hour if health benefits are offered, or $11.87 without benefits.

The Council received a letter this afternoon from Buffalo's Living Wage Commission that

recommends a partial exemption from wage requirements for the conservancy.

The compromise would exempt the group from paying the living wage through 2010. Under the

plan, the city and conservancy would work to find sufficient money to start phasing in the

living wage starting in 2011, with an understanding that there would be full compliance by

2013.

Any seasonal or temporary employees who are in youth training, welfare-to-work or any

subsidized programs would not have to be paid the living wage for as long as the contract is

in place with the conservancy. The group already pays full-time permanent staff salaries that

are in compliance with the living wage.

Granting exemptions from the living wage based simply on "financial challenges" facing the

city and its contractors does not comply with the goals of the law, Commission Chairwoman Lou

Jean Fleron said.

"The City of Buffalo should not use public funds in ways that perpetuate poverty, increase

the demands for social services, and promote low-wage work through contracts with service

providers who do not pay living wages," she wrote.

The commission can only make recommendations. The mayor and Common Council would have to

make a final decision on living wage provisions.

On a related topic, the Council delayed action on a conservancy plan to raise fees at city

golf courses. Lawmakers are at odds over how much city and non-residents should be charged.

Some Council members want to hold the line on current fees for city golfers, making up the

revenue by charging non-city golfers even higher fees. The issue could be reconsidered at a

special meeting later this week or early next week.

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