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Two fire districts stake claim to Atwal, former Drive-in site
By John J. Hopkins Times
Official documents in Town Hall appear to have a hand-written note indicating that the Pine Hill Fire District is responsible for fire protection at Atwal Eye Center and the adjoining Buffalo Drive-In, but the Cleveland Hill Fire District is disputing the validity of the document.
Attorneys representing both fire districts on Tuesday asked the town board to assign the sites to their respective clients and offered their rationale.
The Buffalo Drive-In was sold earlier this year and a four-building medical complex will be built on the site.
"This comes down to a new medical park and who gets it for tax purposes," observed Councilmember Rick Zydel, himself a firefighter for Doyle Hose Company No. 1.
Representing Pine Hill, Tom D'Agostino said that tax records dating to 1989 include the two disputed businesses with his client. Councilmember Tom Johnson confirmed that Atwal was assigned to Pine Hill when the building was constructed.
Joseph Schoellkopf, attorney for Cleveland Hill, argued that the fire district "never signed off on the document," adding, he wanted the town to explain why Pine Hill was written in. He noted that Cedargrove Heights, located next to both parcels, sits in his client's district.
"The Tiorunda Fire Protection District was made a part of Cleveland Hill," Schoellkopf said, adding that Windwood Court is included in this area. However, Pine Hill officials offered other evidence to support their cause.
D'Agostino cited a 1934 report of a grass fire near the intersection of Harlem Road and Maryvale Drive that was extinguished by Pine Hill firefighters.
"Taking (the drive-in site) out of Pine Hill would have an adverse effect on the district's taxpayers," D'Agostino added.
Both fire districts respond to daytime fire alarms at Atwal through Erie County's mutual aid system. D'Agostino said Cleveland Hill is the secondary responder for the Atwal site.
"It's historically what's been done, " D'Agostino added.
However, Schoellkopf, a former Cleveland Hill firefighter, recalls responding to emergencies at the drive-in.
"The patrons were yelling at us for having our lights on and blocking their view," Schoellkopf said.
The town board has the authority to assign property parcels to fire districts. However, Supervisor James J. Jankowiak said he would rather see the fire districts settle the matter.
Noting that nearby cemeteries are not included in the districts- they are exempt from tax rolls- the town board appears to want to have all of the burial grounds assigned to fire districts.
Emergency calls to cemeteries are infrequent, but Cheektowaga Emergency 9-1-1 dispatchers appear to assign the nearest fire dis- trict to each emergency.
The Pine Hill and Cleveland Hill representatives did not dispute this.
"Cleveland Hill covers part of St. Stanislaus Cemetery and St. John's is in Pine Hill's district" Schoellkopf noted. "No one knows why this was not included" in district maps.
Jankowiak directed the representatives from the two districts to meet with officials from the U-Crest Fire District to determine district borders. The U-Crest district touches parts of two cemeteries.
"Square them up and give them the best coverage and the least amount of driving," Jankowiak said. "I'm sure if you sit down and talk about it you'll come up with a plan."
Pine Hill offers fire protection to roughly 2,500 households. Cleveland Hill has approximately 10,000 households in its district.
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