07-08-1985 CC MIN - Laserfiche WebLink

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Council Minutes July 8, 1985 Page Five lOA. Report on Status of Cease and Desist Orders on Various Junk Yard Sites for Unlawful use of Property. Mr. Rick Breezee reported to the Council on various junk yard sites in the City and noted that Mr. Piwowar, owner of one of the sites, has plans for a new structure on the site, but yet does not know if he will follow through on these plans. Also, he poirltedoutthatMr.Piwnwar has requested that the wood debris from his original home be left for fuel for his wood burning stove but that this is nmt acceptable to the City. He noted that the deadline was June 30, 1985 for Mr. piwowar to completely clean up his property. He also noted that the Charest property had a June 30th deadline and that Mrs. Charest had been in touch with him regarding the moving of the trailers from the property, but at this point nothing has been done. He noted that Mr. Coyle, of Larkin, Hoffman, will begin processing the Charest site. Mr~ Breezeenoted Mr. Coyle indicated that if the City would take action they should advertise for bids for the clean up of the Piwowar property. Mayor Hinkle stated that he believed the City should hire the clean up done and assess the property. There was general agreement amoung the Council to this process. With regard to the Omitt property, Mr. Breezee noted that they complied and that the lean-to has been removed and the animals removed from the front yard of the property. As a final note Mr. Breezee pointed out that the John property at Naples and 182nd had also been cited for cleanup but at this point nothing had been done on the property. 8. Staff Report on Fair Labor Standards Act. The City Administrator pointed out thaton February 19, 1985, the US Supreme Court in the Garcia vs. San Antonio Municipal Transit Authority Case ruled that the Fair Labor Standards Act now applies to state and local government. He pointed out that the Fair Labor Standards Act is the Federal Governments basic minimum wage and maximum hour legislation. And that the basic overtime con- cept for nonexempt empl()yeesis. that overtime for work performed 'in excess ;of 40 hours per week should be paid in cash rather that comp time and that the basic pay concept is paid for hours worked. Essentially, he pointed out comp time cannot be given in lieu of overtime and the requirements of the Fair Labor Standards Act cannot be waived by an employee, the union or a collective bar- gaining agreement. He pointed out the Fair Labor Standards Act does not ban comp time per se, but simply requires payment of any overtime hours worked in cash. The City Administrator recommended that under the requirements of the FLSA the City should establish the following provisions for employees: 1. Establish a work schedule for each nonexempt employee to determine overtime liabili ty for the City. . 2. Calculate an hourly rate for all nonexempt employees. 3. Establish a policy of paying for overtime hours worked. l ~