[HISTORY: Adopted by the City Council of the City of Vineland 12-18-1976 by Ord. No. 1062 (Ch. 4 of the 1990 Code). Amendments noted where applicable.]
There is hereby established the Department of Administration of the City of Vineland,[1] the head of which shall be designated and known as the "Business Administrator," in accordance with N.J.S.A. 40:69A-44.
[1]
Editor's Note: The Department of Emergency Services was incorporated within the Department of Administration by Ord. No. 86-16, adopted 3-25-1986. For further provisions on the Department of Emergency Services, see Ch. 36.
The Business Administrator shall be appointed by the Mayor of the City of Vineland, with the advice and consent of the City Council.
The Business Administrator shall be appointed for and serve during the term of office of the Mayor appointing him and until the appointment and qualification of his successor.
No person shall be qualified for appointment as Business Administrator unless such person shall have 10 years' administrative experience in business or government and have actual experience in or knowledge of budget preparation, centralized purchasing functions and development and administration of personnel systems. In accordance with N.J.S.A. 40:69A-44, any person appointed as Business Administrator need not reside in the City of Vineland at the time of his appointment, but during his tenure in office, he may reside outside of the City of Vineland only with the approval of the City Council.
[Amended 6-23-1992 by Ord. No. 92-40; 7-25-2000 by Ord. No. 2000-62; 12-26-2001 by Ord. No. 2001-86]
The Business Administrator shall:
A. 
Prescribe the internal organization of the work of the Department, consistent with applicable statutes and ordinances.
B. 
Appoint, direct and supervise subordinate officers and employees of the Department and make individual work assignments.
C. 
Approve or disapprove payrolls, bills and claims chargeable to departmental appropriations.[1]
[1]
Editor's Note: See also Ch. 19, Claims Approval.
D. 
Provide information reports on the work of the Department as may be required by the Mayor.
E. 
Serve as hearing officer in lieu of the department head as required in any departmental hearing of the City of Vineland.
F. 
Administer an information systems office for the provision of technology services to all departments.
G. 
Perform such other duties as directed by the Mayor not inconsistent with applicable statutes and ordinances.
[Amended 12-26-2001 by Ord. No. 2001-86]
Under the general supervision of the Mayor and direct supervision of the Business Administrator, the Department of Administration shall:
A. 
Prescribe and prepare uniform forms for budget requests for use by all departments, boards and agencies; review and analyze all budget requests for appropriations and make recommendations and comments; assist in the conduct of annual budget hearings; and otherwise assist the Mayor in the preparation of the City budget.
B. 
Administer a centralized purchasing system.
C. 
Be responsible for the development and administration of a sound personnel system, including, without limitation, maintaining a job classification and pay plan based upon the duties, authority and responsibilities of offices, employments and positions in the City.
D. 
Receive all bidding documents for City contracts from the Purchasing Board, tabulate all bids and make reports and recommendations to the City Council regarding the same.
E. 
Maintain a continuing review of federal and state aid programs of interest to the City of Vineland so that the City may apply for available funding.
F. 
Provide technology services to all departments through an information systems office, as well as care for, store and maintain information systems equipment owned by the City of Vineland and in the custody of the Department.
G. 
Assign office space, furniture and facilities among and within City departments and agencies.
H. 
Perform such other duties, as prescribed by the City Council, not inconsistent with applicable statutes and ordinances.
I. 
Operate and maintain public buildings owned or leased by the City.
[Added 10-24-2023 by Ord. No. 2023-61]
[1]
Editor's Note: Former § 5-7, Division of Purchasing, amended 2-27-2001 by Ord. No. 2001-9 and 7-28-2020 by Ord. No. 2020-38, was repealed 10-24-2023 by Ord. No. 2023-62. See now § 50-8, Division of Purchasing.
Within the Department of Administration, there shall be a Division of Personnel, the head of which shall be the Personnel Officer. Under the general supervision of the Mayor and the Business Administrator and under the direct supervision of the Personnel Officer, the Division shall:
A. 
Maintain personnel files for each official, department head and employee, which files shall include, without limitation, any appointment papers, applications, civil service test certifications, documents relating to all civil service and/or departmental actions pertaining to each individual, and employee benefits records.
B. 
Coordinate all civil service actions relating to any employee and act as a clearinghouse for all department heads or other appointing authorities for the transmittal and receipt of all civil service forms and correspondence.
C. 
Certify the employment and/or eligibility of City employees for the Public Employees Retirement System of New Jersey, the Police and Firemen's Pension Fund of New Jersey, the Old Age and Survivors' Insurance System and any and all employee benefit plans.
D. 
Maintain a continuous study of the operation and effect of personnel administration, including hours and days of work, leaves of absence, sick leaves, vacations, pensions and retirement, and report its findings and recommendations to the Business Administrator and the Mayor.
[Added 12-23-1980 by Ord. No. 1236; amended 12-11-1984 by Ord. No. 84-52; 12-26-1984 by Ord. No. 84-59; 12-26-2001 by Ord. No. 2001-86]
The City Treasurer shall be assigned to the Department of Administration.
[1]
Editor's Note: Former § 5-10, Division of Equipment Maintenance and Vehicle Fueling Facility, added 10-24-2017 by Ord. No. 2017-72, was repealed 4-13-2021 by Ord. No. 2021-18.
A. 
The City Engineer shall be appointed by the Mayor with the advice and consent of City Council and shall serve during the term of the Mayor and until the appointment and qualification of his/her successor in accordance with N.J.S.A. 40:69A-43. The City Engineer shall be the supervisor of the Division of Engineering and shall be directly responsible to advise the Business Administrator and other municipal elected officials, departments and employees of the proper compliance and administration of various laws, regulations, technical practices, operations, and management technique with regards to the Division of Engineering and related activities conducted by the municipality.
[Amended 7-23-2019 by Ord. No. 2019-48]
B. 
Salary of City Engineer, full-time position. The City Engineer shall receive an annual salary to be paid in the same manner as department heads and officers of the City of Vineland, with the salary range as set forth in Ordinance No. 8 and amendments thereto. The position of City Engineer shall be considered a full-time position.
C. 
Outside employment. The City Engineer shall be permitted to accept outside employment so long as it does not interfere with the performance of all of the duties of the position of City Engineer as required by the City, including but not limited to response to a reasonable amount of time beyond the regular work week. Outside employment shall not interfere with or alter work, lunch or break schedules and shall not involve City property, including but not limited to City vehicles or office supplies. The use of the internet, emails or telephone may be permitted sporadically with the approval of the Business Administrator. No outside employment is permitted that would compromise their legal or ethical obligations to the City.
[Amended 2-8-2022 by Ord. No. 2022-09]
D. 
Qualifications of City Engineer. The City Engineer of the City of Vineland shall be a licensed professional engineer, licensed in the State of New Jersey with a civil engineering background. The City Engineer shall have a minimum of 10 years' experience as a licensed professional engineer in the State of New Jersey and shall have minimum of five years' experience working as a professional engineer for a governmental entity in the State of New Jersey.
[Amended 7-23-2019 by Ord. No. 2019-48]
E. 
Powers and duties of City Engineer. The City Engineer, in addition to the functions, powers and duties that are hereby or may hereafter be conferred and imposed upon him/her by law and the ordinances of the City of Vineland, pursuant to the policies adopted by the Director, shall:
(1) 
Direct the operation of the Division of Engineering, manage the activities of the staff and coordinate Division engineering services with other divisions and departments.
[Amended 8-27-2019 by Ord. No. 2019-55; 4-12-2022 by Ord. No. 2022-30]
(2) 
Report, at least monthly, to the Director in such form as shall be prescribed by the Director on the operation of the Division during the preceding month and make such other reports as may be requested by the Director.
(3) 
Perform his or her duties as prescribed by law and the ordinance of the City and such other duties as may be required of him/her by the Mayor, the City Council and the Director of Public Works.
(4) 
Prescribe the internal organization of the work of his/her office, consistent with applicable statutes and ordinances.
(5) 
In conjunction with the Superintendent of Public Works, establish standards and procedures for the control, use and care of all City-owned equipment, materials and supplies in the custody of the Department of Public Works.
(6) 
Recommend, with the Director of Public Works, the appointment of subordinate officers and employees of the Division of Engineering and make all individual assignments.
(7) 
Recommend for approval payrolls, bills and claims chargeable to the City Engineering Division appropriation.
(8) 
Prepare and assist in the preparation of loan and grant applications to state and federal government agencies for City projects and inform the Director of Public Works, the Mayor and Council of all available financial aid.
(9) 
Maintain the custody and charge of and keep in the place provided by the City Council the original or true copies of maps, charts, documents, worksheets and data which he/she has acquired or prepared for the City; and, upon the termination of his/her services to the City, he/she shall surrender to his/her successor all City property, papers, maps, charts and records, together with a status report on any pending project.
(10) 
The City Engineer shall survey and inspect, from time to time, the physical condition of all public structures, roads, subsurface utilities and other physical facilities in the City and evaluate the need for repairs, replacements, maintenance, additions and extensions thereof. He/she shall thereupon make recommendations for capital improvement programs to the Planning Board, the Mayor and the Council.
(11) 
Provide such operating standards and maintain or direct the compilation of such engineering data and records as may be necessary or desirable for the proper and efficient administration of the public works facilities.
(12) 
Prepare or cause to be prepared plans and specifications for construction projects undertaken by the City upon City property and/or within City rights-of-way, either by City employees or under public contract, and make such inspections of the work of public contractors as may be necessary or desirable, supervise the performance of public works contracts and certify the amounts due and payable thereunder. Provide review and comment on plans and specifications for private development within the City rights-of-way.
[Amended 4-12-2022 by Ord. No. 2022-30]
(13) 
Prepare plans and specifications and administer and oversee contracts let pursuant to said plans and specifications for solid waste management.
(14) 
Coordinate the activities of consulting engineers that may be retained, from time to time, by the City in connection with the contractual responsibilities of such engineers and examine and reject or approve all vouchers submitted for work performed by contractors in accordance with public projects or improvement contracts entered into by the City.
(15) 
Prepare all engineering data, surveys, designs and applications for approval for traffic signals and signing as required by the Department of Transportation of the State of New Jersey.
(16) 
Provide professional engineering advice and assistance to the Mayor, the Council and all departments, as required and within the limits of available appropriations.
(17) 
Maintain or cause to be maintained the City Official Map, Zoning Maps and Tax Maps in current legal status at all time and secure the prompt recording thereon of all changes in ownership and prepare, maintain and preserve maps, charts and records of roads, easements, rights-of-way, utilities, public buildings and structures and all public facilities owned or operated by the City of Vineland.
[Amended 4-12-2022 by Ord. No. 2022-30[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection E(17), regarding land use studies and review of applications for land use and development. Former Subsection E(18) through (20) were also renumbered as Subsection E(17) through (19), respectively.
(18) 
Keep a complete record of all streets, roads, highways, public lands, alleys, public parks and squares and other places hereafter laid out, opened or altered in the City in a suitable book to be provided for that purpose, wherein shall be entered the true and lawful description thereof, specifying in each case the date of the survey or the time when the same was made and laid out, opened or altered, according to law. The Division of Engineering shall keep an accurate and complete record of all grades of streets and highways established by order of the City Council, and furnish a complete and accurate map in each of such cases.
(19) 
Provide technical assistance, labor and equipment to other divisions within the Department of Public Works as expeditiously as possible based upon the priority of the assistance needed by said divisions.
[Added 10-24-2017 by Ord. No. 2017-72; amended 8-27-2019 by Ord. No. 2019-55; 4-12-2022 by Ord. No. 2022-30]
A. 
The City Planner shall be the Supervisor of the Division of Planning and Facilities. The City Planner shall be directly responsible to advise the Business Administrator and other municipal elected officials, departments and employees of the proper compliance and administration of various laws, regulations, and technical practices with regards to the Division of Planning and Facilities and related activities conducted by the municipality.
B. 
Qualifications of City Planner. The City Planner of the City of Vineland shall be a licensed professional planner, licensed in the State of New Jersey. The City Planner shall have a minimum of five years' work experience as a licensed professional planner in the State of New Jersey.
C. 
Functions of the Division. The Division of Planning and Facilities shall:
(1) 
Advise and assist the Mayor and other municipal officials with regards to the physical planning of all matters relating to the development of the City.
(2) 
Maintain and disseminate population, housing, environmental, economic, transportation and other planning information.
(3) 
Provide recommendations to the Planning Board and Zoning Board for staff professionals for the Planning Board and Zoning Board of Adjustment. The respective boards will be responsible for appointing all required professionals with recommendations provided by the Division of Planning and Facilities in accordance with N.J.S.A. 40:55D-24 and 40:55D-71.
(a) 
Qualifications of Board Planner. The Board Planner shall be a licensed professional planner, licensed in the State of New Jersey. The Board Planner shall have a minimum of three years' work experience as a licensed professional planner.
(b) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(3)(b), regarding outside employment for the Board Planner, was repealed 9-12-2023 by Ord. No. 2023-50.
(c) 
Salary of Board Planner. The Board Planner shall be employed full time by the City of Vineland and his/her salary shall be established in the classification and compensation plans of the City. The appointed position is intended to be filled by a full-time professional staff member of the Division of Planning and Facilities.
(d) 
Qualifications of Board Engineer. The Board Engineer shall be a licensed professional engineer, licensed in the State of New Jersey. The Board Engineer shall have a minimum of three years' work experience as a licensed professional engineer.
(e) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C(3)(e), regarding outside employment for the Board Engineer, was repealed 9-12-2023 by Ord. No. 2023-50.
(f) 
Salary of Board Engineer. The Board Engineer shall be employed full time by the City of Vineland and his/her salary shall be established in the classification and compensation plans of the City. The appointed position is intended to be filled by a full-time professional staff member of the Division of Planning and Facilities.
(4) 
Shall be under the direct supervision of the City Planner within the Department of Administration.
(5) 
Provide staff assistance to the Planning Board and Zoning Board of Adjustment within the limits of available appropriations and with the assistance of such independent consultants as may be retained. Such services, with limitation thereto, shall include:
(a) 
Preparation of maps, charts, tables and exhibits as required for the development and current maintenance of the Master Plan.
(b) 
Prepare agenda and reports for Planning Board and Zoning Board of Adjustment meetings.
(c) 
Attend all meetings of the Planning Board and Zoning Board of Adjustment and meetings of the City Council and other boards or agencies as may be required for the proper planning of the City.
(d) 
Investigate and prepare reports and recommendations on subdivision applications and site plans and all other assignments as requested by the Planning Board and Zoning Board of Adjustment or City administration.
(e) 
Make recommendations regarding the subdivision, zoning and other land use development ordinances within the City.
(6) 
Perform continuous studies and collect data to serve as a basis for planning recommendations to the administration.
(7) 
Prepare and maintain the City Zoning Maps.
(8) 
Act as liaison to the South Jersey Transportation Planning Organization, County Planning Board, Landis Sewerage Authority, United States Census Bureau, and other regional, state and federal planning organizations.
(9) 
Maintain the City of Vineland Master Plan, including the Housing Element and Fair Share Housing Plan, and the Land Use Ordinance.[3]
[3]
Editor's Note: See Ch. 425, Land Use.
(10) 
Administer redevelopment plans.
(11) 
Shall be responsible for the development and planning of short- and long-term public facility needs in conjunction with other City departments.
(12) 
Coordinate with the administration, other divisions and other City departments to plan and design any future public facility construction, expansion, or modification.
(13) 
Prepare plans and specifications for facility construction projects undertaken by the City, either by City employees or under public contract. Specifically, the Department will be responsible for site plan design needs for the various departments throughout the City.
(14) 
Coordinate with the Economic Development office and any other City offices to assist in the administration and planning of City-owned subdivisions and site plans.
[Added 4-13-2021 by Ord. No. 2021-18]
A. 
The Division of Solid Waste and Recycling Management shall be directly supervised by the Supervisor/Director of Solid Waste Management who shall hold a New Jersey CRP and CCCC certification.
B. 
Functions of the Division. Under the direct supervision of the Supervisor/Director of Solid Waste Management and the general supervision of the Business Administrator, shall:
(1) 
Enforce the provisions of Chapter 620 of the Code of the City of Vineland in accordance with established rules and regulations on file with the City Clerk, state laws and regulations and in accordance with the County of Cumberland Solid Waste Management Plan.
(2) 
Implement recycling programs and procedures established by the City of Vineland.
(3) 
Provide, operate and maintain facilities for collection and disposal of solid waste, including but not limited to licensed composting sites and post-closure maintenance of the municipal landfill.
(4) 
Complete all New Jersey Department of Environmental Protection tonnage reports.
(5) 
Administer all grants and provide presentations for Clean Communities requirements.
(6) 
Prepare and assist in the preparation of loans and grant applications to state and federal government agencies for City projects and inform the Director of Administration.
[Added 4-13-2021 by Ord. No. 2021-18]
A. 
The Division of Economic and Community Development shall be headed by the Supervisor/Director of Economic Development who shall also serve as the Municipal Housing Liaison and shall be under the general supervision of the Business Administrator.
B. 
Functions of the Division of Economic and Community Development.
(1) 
Responsible for attracting new businesses to the City, expanding and assisting existing businesses and improving the quality of life of its residents through job creation, expanded tax base, and redevelopment.
(2) 
Works with the City's public relations firm on marketing campaigns and various consultants that have expertise specific to the projects the City wishes to undertake.
(3) 
Manages several entities created by the City to assist in economic development, which include the Vineland Development Corp. (VDC), the Vineland Industrial Commission (VIC), the Enterprise Zone Development Corporation of Vineland and Millville (EZDC), and the Vineland Revolving Loan Fund (VRLF).
C. 
Subdivision of Community Development. Within the Division of Economic and Community Development shall be the Subdivision of Community Development.
(1) 
The Subdivision of Community Development shall be directly supervised by a Program Monitor.
(2) 
Functions of the Subdivision of Community Development. Under the general supervision of the Supervisor/Director of Economic and Community Development/Housing Liaison, the Program Monitor shall:
(a) 
Be responsible for the administration of Vineland's affordable housing program and oversee the Housing Trust Funds, which are collected through fees imposed by the State of New Jersey Council on Affordable Housing (COAH) on residential and nonresidential development to provide affordable housing.
(b) 
Be responsible for administering the HUD CDBG funds and HOME funds for housing rehabilitation and community services.
[Added 4-13-2021 by Ord. No. 2021-18]
A. 
The Division of Information Systems shall be headed by a municipal department head whose salary shall be set in accordance with Ordinance No. 8, as amended.
B. 
Functions of the Division. Under the direct supervision of the department head the Division shall:
(1) 
Oversee the Information Systems (IS) within the City, including all internal departments, police, fire, emergency medical and municipal utilities and provide assistance to all employees regarding the systems and hardware.
(2) 
Devise the IS strategy and ensure all systems necessary to support its operations and objectives are in place so as to keep up to date with advancements of the technology field.
(3) 
Set objectives and strategies for City IT and recommend the selection and implementation of suitable technology to streamline all internal operations.
(4) 
Design and customize technological systems and platforms to improve performance and reduce downtime as well as plan the implementation of new systems while working with all departments to identify individual needs.
(5) 
Identify and recommend the purchase of technological equipment and software.
(6) 
Oversee the technological infrastructure including software, networks, computer systems and all peripherals to ensure optimal performance.
(7) 
Create and maintain IS budgets and disaster recovery plan in accordance with state and industry regulations and assess risk managements and set procedures to limit the City's exposure while protecting and securing on-site IS assets as well as virtual and remote entities.
C. 
Within the Division of Information Systems shall be the Subdivision of Customer Service Center. Under the general supervision of the Business Administrator and the direct supervision of the Municipal Department Head/Municipal Director of Information Systems, the Customer Service Center shall:
[Added 3-14-2023 by Ord. No. 2023-20]
(1) 
Maintain a system of accounts, as prescribed by the Chief Financial Officer in conjunction with the Municipal Department Head/Municipal Director of Information Systems and any applicable federal and state regulatory agencies, for the receipt of payments and credits for all municipal utility bills and charges to the customers.
(2) 
Develop and maintain a system for the collection of delinquent municipal utilities service bills and enforcement of municipal utilities service liens.
(3) 
Be responsible for the provision of customer service, including initiation of new service, service discontinuance, service changes and customer inquiry. Assist with on-boarding, disconnecting and servicing of accounts through online platforms as well as other emerging technologies, including customer relationship software.
(4) 
Provide for the uniform collection and enforcement of rates, rents or charges for all utilities and the enforcement of the municipal liens against the property and premises where such light, heat, power or water is furnished, and the interest drawn therefrom, as established by the City which established the general terms, rules and regulations.
(5) 
Be the primary liaison for City of Vineland customers through public communication with the objective to be clear and concise with resolution of problems in a timely manner, helpful in answering questions via telephone and electronic mail, and providing accurate information upon request. Provide conflict resolution when need be along with settlement of disputes for billing and account discrepancies in accordance with existing policies and approval of the Municipal Department Head/Municipal Director of Information Systems.
[Added 10-12-2021 by Ord. No. 2021-58]
A. 
The Division of Recreation shall be established within the Department of Administration.
B. 
Functions of the Division. Under the direct supervision of the Superintendent of Recreation and under the general supervision of the Business Administrator, the Division shall, subject to the policies and rules of the Recreation Commission:
(1) 
Plan, promote, organize and administer comprehensive recreation programs and services for the community.
(2) 
Schedule the use of park and recreation facilities in coordination with the Recreation Commission, collect all fees and costs associated with the same, and provide appropriate accounting thereof, and enforce the provisions and regulations of the City applicable thereto.
(3) 
Repair, maintain, construct, and reconstruct all municipal athletic fields and courts and equipment associated therewith, including those upon which the City is the operator, all municipal swimming pools and swimming areas, including natural swimming areas.
(4) 
Prepare all necessary budgets, grant and loan applications and reports regarding all fields, courts and swimming pools and areas.
(5) 
Enforce all rules and regulations of Chapter 507 of the Code of the City of Vineland as applicable to the Division of Recreation.
[Added 1-23-2024 by Ord. No. 2024-03]
A. 
The Division of Masonry Services shall be directly supervised by the Supervising Mason.
B. 
Functions of the division. Under the direct supervision of the Supervising Mason and the general supervision of the Business Administrator, the Division shall:
(1) 
Provide masonry services for the City, including construction, maintenance and repairs of capital projects and improvements and masonry work, including, but not limited to, sidewalks, curbing, concrete pads and other structures, as needed.
(2) 
In conjunction with the City Engineer, oversee all capital projects and improvements, including concrete and masonry services performed by outside contractors, to assure proper quality and materials are being used, and that work is being performed in accordance with the provisions of contracts with outside contractors, and to make recommendations regarding the same to the City Engineer.
(3) 
Make recommendations regarding prioritization of repairs of sidewalks and other concrete structures and to provide a five-year plan for continued maintenance and repairs of such structures owned by the City.
(4) 
Maintain an inventory of all equipment and materials necessary to carry out the obligations of the Division and make a report to the Business Administrator.
[Added 2-27-2024 by Ord. No. 2024-11]
A. 
Findings. The City finds that:
(1) 
Access to reliable broadband internet is crucial for economic growth, education, healthcare, access to information and resources, and overall community development.
(2) 
The existing telecommunication infrastructure within the City is insufficient to meet the needs of residents, businesses, and community organizations.
(3) 
The creation of a Division of Broadband Utility by the City is determined to be an effective and sustainable solution to meet the needs of the City for affordable, high-speed broadband service.
(4) 
The provision of broadband service by the City will benefit City residents and businesses by offering an alternative to existing commercial providers of broadband internet services, thereby increasing access and furthering competition in the pricing for such services.
B. 
Establishment of Division of Broadband Utility. The Division of Broadband Utility shall be, and is, established within the Department of Administration.
C. 
Purpose of Division of Broadband Utility. The purpose of this section is to create a fiber-optic broadband utility for the City to own and operate in order to provide reliable, affordable, and accessible high-speed internet access to all residents, businesses, and institutions within the City. Through its provision of broadband services, the City aims to enhance economic development opportunities, support existing businesses, attract new businesses, improve educational resources, and enhance the overall quality of life for its residents.
D. 
Duties and obligations of the Vineland Broadband Utility. The Vineland Broadband Utility shall be responsible to investigate and plan, and, upon authorization by City Council, to acquire, construct, extend, improve, maintain, operate, lease, dispose of, regulate, and manage, a municipal broadband system to provide, among other things, broadband, data, internet, video, and information services within the City of Vineland.
E. 
Management and operation. The Division of Broadband Utility shall be under the general supervision of the Business Administrator and under the direct supervision of the Director of Information Systems. The Director of Information Systems shall:
(1) 
Direct the operations of the Division of Broadband Utility, including the activities of the staff, and coordinate the work of all activities within the Utility.
(2) 
Report to the Business Administrator, in such form as shall be prescribed by the Business Administrator on the operations of the Utility and make such other reports as may be requested by the Business Administrator, Mayor and City Council.
(3) 
Assist in executing plans for the effective utilization of available funds, personnel, equipment, materials and supplies.
(4) 
Organize and develop suitable work programs for the varied functions of the Division of Broadband Utility.
(5) 
Give suitable assignments and instructions to individuals and groups and supervise their work.
(6) 
Make investigations of complaints and take proper action to see that service interruptions or other problems with operations are addressed with a minimum of delay.
(7) 
Inspect work in progress, or completed assignments, to ensure that proper procedures are followed.
(8) 
Keep all records and files pertaining to the Division of Broadband Utility as are required by law and necessary for the proper function of the Division.
(9) 
Prepare and obtain approval and implement a capital improvement program for the Division of Broadband Utility in coordination with the Chief Financial Officer, the Business Administrator, the Utility Director and such other department heads as may be needed to ensure that equipment is maintained and upgraded so that the services provided by the Division of Broadband Utility operate efficiently and effectively, with minimal service interruptions.
(10) 
Prepare and assist in the preparation of loan and grant applications to state and federal government agencies for broadband projects and inform the Business Administrator, Mayor and City Council of all available financial aid opportunities.
(11) 
Work in conjunction with the Chief Financial Officer on all financial and budgetary matters of the broadband utility.
(12) 
Approve or disapprove payrolls, bills and claims chargeable to the Division of Broadband Utility.
(13) 
Periodically review and recommend rates to the Director, Mayor and City Council in order to maintain fiscal integrity and self-liquidating status of the Division of Broadband Utility.
(14) 
Provide for the care, storage, use and maintenance of motor vehicles and motorized equipment owned by the City of Vineland in the custody of the Division of Broadband Utility and provide for the care, storage, use and maintenance of all equipment and land owned by the City of Vineland and in the custody of the Division of Broadband Utility.
F. 
Costs of implementation of broadband utility. The City will seek, and is authorized to accept, grants for the purpose of paying part or all of the cost of design, development, acquisition, construction, activation, marketing, and equipping of the broadband system and any additions, betterments, extensions, and improvements thereto, from any authorized department or agency of the State of New Jersey, or from the federal government or any federal or public agency or department of the United States, or any private agency, corporation, or individual.
G. 
Vineland Broadband Utility Fund. The broadband utility shall fund and be funded from revenues derived from the collection of broadband related fees, charges, subscriptions, lease payments and rentals. All fees collected and any other revenues appropriated to or attributable to the operation of the Vineland Broadband Utility shall be maintained in a segregated Vineland Broadband Utility Fund. Any revenues in excess of expenditures from utility operations in a given year shall be maintained in the Utility Fund and shall be used in future years exclusively for purposes consistent with this Chapter 5.
H. 
Facilities. The City, acting through the Vineland Broadband Utility, may acquire, construct, lease, own, operate, maintain, expand and finance such equipment and facilities as are deemed proper and reasonably necessary for a fiber-optic broadband system.
I. 
Construction of broadband system. The City may utilize employees of the Vineland Electric Utility to install the infrastructure necessary to operate the broadband system. Alternatively, the City shall be permitted to seek proposals from other sources as permitted under the Local Public Contracts Law[1] for the construction of the infrastructure necessary to operate the system, but the completed system shall be maintained and operated by employees of the City.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
J. 
Right of access; right to place instruments. The broadband utility shall have the right of access to the customer's premises at all times for the purpose of installing necessary materials and equipment, such as required wiring to provide service to a customer and to remove the materials and equipment if service is terminated or suspended.
K. 
Budget. The Director of Information Systems, in consultation with the City's Chief Financial Officer, shall prepare an annual budget for the Vineland Broadband Utility, which shall include all operation, maintenance and capital costs, debt service and other costs related to the operation of the Utility. The budget shall be subject to approval by City Council.
L. 
Costs of development of broadband utility. City Council shall establish such rates and charges as are necessary to finance the acquisition of any necessary property or easements and the planning, design, construction, maintenance and operation of the Vineland Broadband Utility.
M. 
Rates; terms and conditions. City Council shall establish the rates and the terms and conditions, for all residents, businesses, and community organizations that desire to acquire broadband service from the City's Division of Broadband Utility, with rates established so that the broadband utility becomes and remains a self-liquidating utility. Rates may vary depending on the speed of the service provided, any equipment rented by a customer from the City, and any additional services provided by the broadband utility to the customer.
N. 
Billing; payment.
(1) 
Bills will be rendered by the broadband utility monthly, in accordance with the rate applicable to the customer's service. The word "month" as used herein and in the rate schedules is hereby defined to be the elapsed time between two successive billing cycles approximately 30 days apart. Payment will be due within 20 days after the date of each bill.
(2) 
The final date for payment of the amount shown on each bill will not fall on a Sunday or a holiday. A delayed-payment charge, as specified in the rate schedule on which the bills are rendered, will be added to bills not paid within the time specified for payment of the amount due. The Broadband Utility may waive this additional charge on a bill, provided that the customer's previous accounts are paid in full and not more than one other such waiver has been made on the bills in the preceding 11 months. The gross rate, which is the customer's standard rate plus the additional delayed-payment charge, will apply on bills when, at the time of payment, the account is in arrears for previous billings.
(3) 
Senior citizens.
(a) 
The delayed-payment charge shall be waived for senior citizens 65 years of age or older, provided that a written application is made and service is in the applicant's name. Proof of age must be presented at time of application.
(b) 
If all conditions in Subsection N(3)(a) are met, the senior citizen customers as defined above shall receive net billing only. This waiver of the delayed-payment charge shall apply only to the residential rate only.
(4) 
Disabled American veterans.
(a) 
The delayed-payment charge shall be waived for disabled American veterans, provided that a written application is made and service is in the applicant's name. Proof of disabled American veteran status must be presented at time of application. For purposes of this section, a "disabled American veteran" is any veteran who has been or shall be declared by the United States Veterans' Administration, or its successor, to have a service-connected disability.
(b) 
If all conditions in Subsection N(4)(a) are met, the disabled American veteran customers, as defined above, shall receive net billing only. This waiver of the delayed-payment charge shall apply to the residential rate only.
(5) 
Permanently and totally disabled persons.
(a) 
The delayed-payment charge shall be waived to permanently and totally disabled persons, provided that a written application is made and service is in the applicant's name. Proof of permanent and total disability status must be presented at time of application. For purposes of this section, a "permanently and totally disabled person" is any person who has been or shall be declared by the United States Social Security Administration, or its successor, to be permanently and totally disabled.
(b) 
If all conditions of Subsection N(5)(a) are met, the permanently and totally disabled customers defined above shall receive net billing only. This waiver of delayed-payment charges shall apply to the residential rate only.
(6) 
A charge as provided in Chapter 280, Checks, Returned, will be made when a customer's check is returned by the customer's bank as uncollectible.
O. 
Refund of overpayments.
(1) 
The broadband utility shall establish a procedure for refund of overpayments to customers within the current fiscal period, said procedure to be an addition to this section.
(2) 
The broadband utility shall apply a credit balance to active accounts where an overpayment does exist.
(3) 
The broadband utility shall issue refund checks to customers addressed to the last known address of record where said refund exceeds $5 and there is no active broadband utility account against which to charge said credit.
(4) 
The broadband utility shall establish a policy of canceling the overpaid balance of customer accounts less than or equal to $5 where there is a remaining credit balance, which balance has accrued on the records for a period in excess of one year, and no valid address of record is available for refunding said balance of overpaid account funds.
(5) 
The Director of Information Systems shall be the municipal official with authority to approve said cancellation of customer accounts with $5 or less remaining therein pursuant to Subsection O(4), above.
P. 
Termination or suspension of service.
(1) 
The City may terminate or suspend the service of any customer:
(a) 
That fails to pay for broadband service within 20 days of the due date for the payment.
(b) 
Uses the broadband service for any illegal purpose.
(c) 
That uses the broadband service in violation of any federal or state regulations.
(2) 
Prior to terminating or suspending service, the City shall provide the customer with 10 days written notice of intent to terminate or suspend service and the reason for the termination or suspension of service. The customer shall have 10 calendar days to notify the City if the customer challenges the basis for the termination or suspension. A customer whose service has been terminated or suspended may reestablish service by addressing the basis for the termination or suspension and paying a reconnection fee in the amount of $15.
Q. 
Rules and regulations. The Director of Information Systems may adopt rules and regulations, consistent with the provisions of this chapter, to implement the provisions of this section.