[HISTORY: Adopted by the City Council of the City of West
Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-25-2012]
The title of this article shall be the "Establishment and Operation
of the City of West Haven Fire Department Allingtown."
A.Â
The purpose of this article is to establish a municipally operated
fire department in the City of West Haven and to further provide for
the management, discipline and control of such fire department, pursuant
to Connecticut General Statutes Sections 7-148(c)(4)(B) and 7-301.
B.Â
The purpose is, more specifically, to provide for fire protection
services, including emergency services normally attendant to fire
protection facilities, within the geographical limits previously comprising
the Allingtown Fire District. The establishment of the Department
would follow the termination of such District pursuant to Connecticut
General Statutes Section 7-329, inclusive of a vote by the City Council
of the City of West Haven to agree, in writing, to assume all of the
District's outstanding indebtedness and to accept the balance
of the assets of such District, and contingent upon successful completion
of the transfer as certified by the Office of the West Haven Corporation
Counsel.
C.Â
This article is further intended to authorize, pursuant to Connecticut
General Statutes Section 7-301, the making of appropriations for such
fire protection and emergency services and laying of taxes for the
support thereof, such authority to be limited, however, to the geographical
limits previously comprising the Allingtown Fire District and not
operative within the limits of the West Shore Fire District and the
First Fire Taxation District, aka the Center District.
There shall be a Fire Department, known as the "City of West Haven Fire Department Allingtown," which shall consist of a Board of Fire Commissioners, a Fire Chief, a Fire Marshal and such officers and employees of such ranks and grades as may be prescribed by the Board of Fire Commissioners, subject to available appropriations. The Fire Department shall provide fire protection services including emergency services normally attendant to fire protection facilities, within the geographical limits previously comprising the Allingtown Fire District, which limits are more specifically described in § 106-11 of this article.
A.Â
There shall be a City of West Haven Allingtown Board of Fire Commissioners consisting of five members appointed by the Mayor with the approval of the City Council, not more than three of whom shall be members of the same political party. The Mayor shall appoint one member to serve for one year, one member for two years, one member for three years, one member for four years, and one member for five years. Each of the initial terms shall begin on the effective date of the appointment, and end on June 30 in the year of the term expiration, that is, June 30, 2013, June 30, 2014, June 30, 2015, June 30, 2016, or June 30, 2017. Upon the expiration of each initial term, one member shall be appointed each year for a term of five years, with each term beginning on a July 1 date. At the time of their appointment, the members of the Board of Fire Commissioners shall have been electors of the City of West Haven for at least one year, shall reside within the geographical limits previously comprising the Allingtown Fire District as more specifically described in § 106-11, and shall serve without compensation.
B.Â
There shall be two alternate members of the Board of Fire Commissioners
appointed by the Mayor with the approval of the City Council, each
with a five-year term. At the time of their appointment, such alternate
members shall have been electors of the City of West Haven for at
least one year, may not be of the same political party and shall serve
without compensation.
The Board of Fire Commissioners shall be responsible for the
management, discipline and control of the City of West Haven Fire
Department Allingtown and shall have the following powers and duties:
A.Â
To make rules and regulations in conformity with the ordinances of
the City and the Connecticut General Statutes for the conduct of the
Fire Department;
B.Â
To appoint, discipline and remove for cause all employees of the
Department;
C.Â
To purchase supplies and equipment necessary for its operation, subject
to available appropriations and in conformance with the Charter and
ordinances of the City of West Haven;
D.Â
To enter into an agreement with any volunteer fire company or companies
within the City for the protection thereof from fire on such conditions
as to financial assistance and the observance of the regulations as
the Board of Fire Commissioners may determine; and
E.Â
To exercise all of the powers of a fire commission established and
provided by the Connecticut General Statutes.
A.Â
There shall be a Fire Chief appointed by the Board of Fire Commissioners.
Within 12 months of his or her appointment and during his or her term
of office, the Fire Chief shall be an elector of the City of West
Haven.
B.Â
The Fire Chief shall have the following powers and duties:
(1)Â
To assign all members of the Department to their respective posts,
shifts, details and duties;
(2)Â
To execute and administer the rules, regulations and policies set
and established by the Board of Fire Commissioners concerning the
operation of the Department and the conduct of all officers and employees
thereof;
(3)Â
To be responsible for the administration, efficiency, discipline
and good conduct of the Department; and
(4)Â
To take disciplinary action, except dismissal, against subordinate
officers and employees in the Department for the violation of the
rules and regulations of the Department.
There shall be a local Fire Marshal appointed by the Board of
Fire Commissioners pursuant to Connecticut General Statutes Section
29-297. The Fire Marshal shall be qualified to act as such pursuant
to law and shall have such powers, duties and protections as are prescribed
by the Connecticut General Statutes. The Board of Fire Commissioners
shall have the authority to determine whether the Fire Marshal may
also fill another position within the Department. The Board of Fire
Commissioners may also appoint one or more Deputy Fire Marshals, as
may be necessary, who shall act under the direction and supervision
of the Fire Marshal.
The Fire Department established under this article shall not
supersede any volunteer fire company which is the owner of any building,
fire apparatus or other property without having first come to any
agreement with such company with regard to the disposition of and
compensation for such building, apparatus or other property.
Nothing in this article shall prevent the City from appropriating funds to a volunteer fire company or companies for services rendered or to be rendered within the geographical limits previously comprising the Allingtown Fire District, as more specifically described in § 106-11, provided the City shall deem it in the public interest to do so.
The laying of taxes for the support of the Department shall be limited to properties within the geographical limits previously comprising the Allingtown Fire District as described in § 106-11 herein. Said tax shall be known as the "Allingtown Fire Tax" and shall be sufficient to pay all expenses related to fire protection and emergency services within such limits, including any appropriations toward payment of outstanding indebtedness assumed by the City from the District, less any revenue received from grants, gifts and fees collected with respect to operation of the Department and revenue from the sale or lease of assets transferred to the City from the District.
The geographical limits within which fire protection services
shall be provided by the City of West Haven Fire Department Allingtown
shall be the geographical limits previously comprising the Allingtown
Fire District, to wit:
Beginning at a point at the intersection of the center line
of West River and the northerly boundary line of the Derby division
of the New York, New Haven and Hartford Railroad Company; thence following
the northerly boundary line of said Derby division in a westerly direction
to the center line of Club Creek; thence following the center line
of Club Creek to a point 230 feet more or less easterly from the east
boundary line of Campbell Avenue when measured along the center line
of Club Creek; thence in a northerly direction to the intersection
of the center line of First Avenue and the center line of Campbell
Avenue to a point 150 feet north of the intersection of the north
property line of Terrace Avenue produced, with the center line of
Campbell Avenue, when measured along the center line of Campbell Avenue;
thence westerly along a course parallel to and 150 feet north of the
north property line of Terrace Avenue to the intersection of the westerly
boundary line of the Derby division of the New York, New Haven and
Hartford Railroad Company; thence southwesterly to the northeast corner
of the Caccavale Farm; thence southwesterly along the northwesterly
boundary of the Caccavale Farm to the southeasterly corner of the
Ryskiewicz Farm, so called; thence northerly along the northeast boundary
of the Ryskiewicz Farm to the northeast corner of the Ryskiewicz Farm;
thence westerly along the northwesterly boundary line of the Ryskiewicz
farm to the east property line of Meloy Road, thence southwesterly
to a merestone marking the boundary line between the Town of Orange
and the City of West Haven, which merestone is located on the west
property line of Meloy Road; thence northwesterly along the boundary
line between the Town of Orange and the City of West Haven to the
intersection of the westerly boundary line of the City of West Haven
to the intersections of the westerly boundary line of the City of
West Haven and the southerly boundary line of the City of New Haven,
said intersection marking the northwest corner of the City of West
Haven; thence in an easterly direction along the boundary line between
the City of New Haven and the City of West Haven to the intersection
of the center line of West River and the boundary line between the
City of New Haven and the City of West Haven, said point marking the
northeast corner of the City of West Haven; thence in a southerly
direction along the center line of the West River to the point of
beginning. Said boundary lines are shown on the map of "Proposed Changes
of Fire Districts of the City of West Haven" on file in the Office
of the City Clerk of the City of West Haven.