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TOWN OF BOSTON – RESOLUTION NO. 2026-10 PROFESSIONAL SERVICES AGREEMENT FOR ENGAGEMENT OF LIPPES MATHIAS LLP WHEREAS, the Town of Boston Zoning Board of Appeals is a named respondent in litigation entitled Scott Overhoff et al. v. Town of Boston Zoning Board of Appeals et al., pending in the Supreme Court of the State of New York, Erie County, under Index No. 821674/2025, which challenges the Zoning Board of Appeals’ denial of a use variance; and WHEREAS, the foregoing litigation requires specialized legal expertise in municipal law, zoning law, and Article 78 proceedings; and WHEREAS, Lippes Mathias LLP possesses the necessary qualifications and experience to represent the Town of Boston and its Zoning Board of Appeals in connection with such litigation; and WHEREAS, Lippes Mathias LLP has submitted a proposed retainer agreement dated December 19, 2025, providing for legal services to be billed on an hourly basis at a discounted rate of $250.00 per hour; and WHEREAS, the Town Board of the Town of Boston finds it to be in the best interests of the Town to retain Lippes Mathias LLP to represent the Town and its Zoning Board of Appeals in the above-referenced litigation; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Boston hereby authorizes the Town Supervisor to execute and accept the proposed retainer agreement from Lippes Mathias LLP, dated December 19, 2025, for the purpose of representing the Town of Boston and the Town of Boston Zoning Board of Appeals in Scott Overhoff et al. v. Town of Boston Zoning Board of Appeals et al. (Index No. 821674/2025), subject to payment of legal fees billed hourly at a rate of $250.00 per hour; and be it further RESOLVED, that payment of legal fees and disbursements shall be made in accordance with the terms of the retainer agreement and subject to audit and approval in the ordinary course. On January 7, 2026, the question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Yes No Abstain Absent Councilmember Martin [ ] [ ] [ ] [ ] Councilmember Selby [ ] [ ] [ ] [ ] Councilmember Penders [ ] [ ] [ ] [ ] Councilmember Stephan [ ] [ ] [ ] [ ] Supervisor Keding [ ] [ ] [ ] [ ]