TB 2026-03-18 Agenda & Minutes (full text)

AGENDA REGULAR BOARD MEETING - TOWN OF BOSTON MARCH 18, 2026 – 7:30 P.M. ITEM NO. I PRELIMINARY MATTERS 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance and Opening Prayer 4. Other Preliminary Matters ITEM NO. II REGULAR BUSINESS 1. Consideration of all Fund Bills ITEM NO. III CORRESPONDENCE 1. Town Clerk’s Report for February 2026 2. Dog Control Officer Report for February 2026 3. Code Enforcement Officer Report February 2026 4. February Income Statement & Cash Balances 5. 2025 Annual Report on Revenues and Expenditures of Foreign Fire Insurance Premiums from Patchin Volunteer Exempt Fireman’s Benevolent Association 6. Boston Volunteer Fire Company Officer list for 2026 7. Application for Use of Meeting Facility – Southtown’s Homeschoolers 8. Application for Use of Meeting Facility – Town of Boston, Code Enforcement Office ITEM NO. IV NEW BUSINESS 1. Requests from the Floor (3-minute time limit per person) 2. Public Hearing MCD Solutions Inc., 8219 Boston State Road, Site Plan Approval 3. Proclamation for Highway Department from Legislator John Mills 4. Resolution 2026 – 23 Authorization to Procure Records Management Grant Services Through Preferred Source Vendor Program Collaboration Between NYSID and Instream LLC 5. Resolution 2026 – 24 Authorizing Payment for Emergency Repair to Highway Plow Truck

6. Resolution 2026 – 25 Approving Award of Bid – Utility Modifications Holiday Lights 7. Resolution 2026 – 26 Approving Site Plan for MCD Solutions Inc., 8219 Boston State Road 8. Approval for new member of Patchin Fire Company, Jason Kelly 9. Approval of the new member of Boston Fire Company, Justin Emerling 10. Request for reappointment from Gary Stisser to Planning Board - Term through 2/1/2033 11. Request for reappointment as Chairman from Dr. Paul Ziarnowski, Planning Board – Term through 12/31/2026 12. Application for Use of Facility – Boys & Girls Club – July 15, 2026 ITEM NO. V OLD BUSINESS ITEM NO. VI REPORTS AND PRESENTATIONS 1. Highway Superintendent 2. Councilmembers 3. Town Clerk 4. Supervisor ITEM NO. VII ADJOURNMENT OF MEETING 1. Adjournment of Meeting

REGULAR BOARD MEETING TOWN HALL MARCH 18, 2026 7:30 P.M. Present: Supervisor Jason Keding, Councilman Robert Penders, and Councilman Max Stephan. Also Present: Highway Superintendent Telaak, Attorney for the Town McCann, Town Clerk Sandra Quinlan Supervisor Keding called the meeting to order at 7:32 pm. Pledge of Allegiance. Rev. Dr. John Loeser, Churchill Memorial United Methodist Church, opened the meeting with a prayer. Supervisor Keding stated there are no other Preliminary matters. Regular business: A motion was made by Councilman Penders and was seconded by Supervisor Keding upon review by the Town Board, that fund bills in the amount of $173,849.56 be paid. Supervisor Keding Yes Councilman Penders Yes Councilman Stephan Yes three (3) Yes Carried Supervisor Keding stated the following has been received and filed under correspondence: Town Clerk’s Report for February 2026 Dog Control Officer Report for February 2026 Code Enforcement Officer Report February 2026 February Income Statement & Cash Balances 2025 Annual Report on Revenues and Expenditures of Foreign Fire Insurance Premiums from Patchin Volunteer Exempt Fireman’s Benevolent Association Boston Volunteer Fire Company Officer list for 2026 Application for Use of Meeting Facility – Southtown’s Homeschoolers Application for Use of Meeting Facility – Town of Boston, Code Enforcement Office New business: Supervisor Keding read the Public Hearing Notice: Notice is hereby given that a Public Hearing will be held by the Town Board of the Town of Boston on the 18th day of March, 2026 at 7:35 p.m., at the Town Hall, 8500 Boston State Road, Boston, New York, for the purpose of considering the application of MCD Solutions Inc. for Site Plan Approval of a proposed

REGULAR BOARD MEETING TOWN HALL MARCH 18, 2026 7:30 P.M. Industrial Outdoor Storage Area to be located at 8219 Boston State Road, Boston, New York, SBL# 227.00-6-40.11 within the C-1 Local Retail Business District. The complete site plan application is on file at the Office of the Town Clerk and is available for review by any interested person during business hours. At such public hearing, all persons interested, who wish to be heard, will be heard. By Order of the Town of Boston Town Board Sandra L. Quinlan, Town Clerk Supervisor Keding stated the public hearing is open for public comment. The following person was heard: Jim Stang Supervisor Keding stated the public hearing is closed. Requests from the Floor: Supervisor Keding stated the floor is open for public comment. The following persons were heard: Jay Jackson Jim Stang Supervisor Keding stated the floor is closed. Proclamation for Highway Department from Legislator John Mills: Legislator John Mills presented a proclamation honoring the Town of Boston Highway Department and Highway Superintendent Bob Telaak. The proclamation recognized the essential work of highway and public works employees in maintaining roads, bridges, culverts, and drainage systems, especially during severe winter weather when crews work around the clock to keep roads open and communities safe. Mills praised the department's dedication, professionalism, and steadfast service, particularly during demanding winter months. Highway Superintendent Telaak and crew members were present to receive the recognition. Legislator Mills noted this was part of proclamations sent to all 15 towns and villages he represents, acknowledging that highway departments are essential services alongside police and fire departments. Legislator Mills is retiring December 31st and noted he would miss serving the residents and officials after 21 years as county legislator and 23 years total in municipal government.

REGULAR BOARD MEETING TOWN HALL MARCH 18, 2026 7:30 P.M. A motion was made by Councilman Stephan and was seconded by Councilman Penders, RESOLUTION 2026 - 23 AUTHORIZATION TO PROCURE RECORDS MANAGEMENT GRANT SERVICES THROUGH PREFERRED SOURCE VENDOR PROGRAM COLLABORATION BETWEEN NYSID AND INSTREAM LLC WHEREAS, the Town of Boston has been awarded a Local Government Records Management Improvement Grant in the amount of $74,965 administered by the New York State Archives; and WHEREAS, the Town requires professional services to assist with the digitization of up to 24,675 large-format images and maps for permanent record retention; and WHEREAS New York State Finance Law §162 establishes rules governing how New York State Agencies, public benefit corporations, and certain other entities must purchase goods and services from designated “preferred source” before seeking competitive bids thus supporting employment and economic opportunities for people with disabilities, veterans, and others served by qualifying organizations; and WHEREAS, the Town’s procurement policy allows under Guideline 6 for this procurement of goods and services from agencies for the blind or severely handicapped as an exception to competitive bidding requirements; and WHEREAS, New York State Industries for the Disabled (NYSID) is a preferred source organization that facilitates contracts with qualified service providers pursuant to NYS Finance Law §162; and WHEREAS, NYSID has identified Instream LLC, doing business as Biel’s Information Technology as their qualified service provider for this identified service at a cost of $74,965; NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Boston hereby authorizes the engagement of Instream LLC, doing business as Biel’s Information Technology for this record conversion project; in collaboration with NYSID which is a Preferred Source under Finance Law §162 and the Town’s Procurement Policy Guideline 6 for a total price not to exceed $74,965; and IT IS FURTHER RESOLVED, that the Town Clerk, acting as Records Management Officer, is hereby authorized to execute any agreements, contracts, or related documents necessary for this procurement. Supervisor Keding Yes Councilman Penders Yes Councilman Stephan Yes three (3) Yes Carried A motion was made by Councilman Penders and was seconded by Supervisor Keding, RESOLUTION 2026 - 24 AUTHORIZING PAYMENT FOR EMERGENCY REPAIR TO HIGHWAY PLOW TRUCK

REGULAR BOARD MEETING TOWN HALL MARCH 18, 2026 7:30 P.M. WHEREAS, the Town of Boston Highway Department required repairs to a Town plow truck in order to maintain safe and effective operation of highway equipment necessary for snow and ice control; and WHEREAS, the repairs were completed in order to return the vehicle to services; and WHEREAS, the cost of said repairs exceeded the purchasing authorization threshold of the Highway Superintendent under the Town’s Procurement Policy; and WHEREAS, the Town Board has reviewed the circumstances surrounding the repair and finds the repair was necessary for the continued operation of Town Highway services; NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Boston hereby ratifies the repair work performed on the Town Highway Plow Truck and authorizes payment of the invoice from Brute Spring & Equipment Inc. in the amount of $5,107 for said repairs. Supervisor Keding Yes Councilman Penders Yes Councilman Stephan Yes three (3) Yes Carried A motion was made by Supervisor Keding and was seconded by Councilman Penders, RESOLUTION 2026 - 25 APPROVING AWARD OF BID UTILITY MODIFICATIONS HOLIDAY LIGHTS WHEREAS, the Town of Boston, in consultation with LaBella Associates, D.P.C., solicited bids for the Utility Modifications – Holiday Lights Project (LaBella Project No. 2254746), which bids were publicly opened on March 5, 2026; and WHEREAS, LaBella Associates, D.P.C. has reviewed the bids received and has determined that the lowest responsible bidder is Loudon Building Company, with a total bid amount of One Hundred Forty Thousand Five Hundred Dollars ($140,500.00); and WHEREAS, LaBella Associates, D.P.C. has further advised the Town Board that Loudon Building Company has demonstrated the requisite qualifications, experience, and competency to perform the work as detailed in the bid specifications and contract documents; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Boston hereby accepts the recommendation of LaBella Associates, D.P.C. and awards the contract for the Utility Modifications – Holiday Lights Project to Loudon Building Company as the lowest responsible bidder in the total amount of $140,500.00; and be it further RESOLVED, that the Town Supervisor is hereby authorized and directed to execute all necessary contract documents, agreements, and related papers to effectuate the award, subject to review and approval by the Town Attorney; and be it further RESOLVED, that a certified copy of this Resolution shall be provided to Loudon Building Company.

REGULAR BOARD MEETING TOWN HALL MARCH 18, 2026 7:30 P.M. Supervisor Keding Yes Councilman Penders Yes Councilman Stephan Yes three (3) Yes Carried A motion was made by Councilman Penders and was seconded by Supervisor Keding, RESOLUTION 2026 – 26 APPROVING SITE PLAN FOR MCD SOLUTIONS INC. 8219 BOSTON STATE ROAD WHEREAS, the applicant, MCD Solutions Inc., on behalf of Marksman Fence Inc., has submitted an application to the Town of Boston for Site Plan Approval to utilize a designated outdoor area for the storage of fencing materials and related equipment at property located at 8219 Boston State Road, Town of Boston, Erie County, New York (SBL No. 227.00-6-40.11), within the C-1 Local Retail Business District; and WHEREAS, the proposed storage yard is depicted on a site plan and topographical survey prepared by Nussbaumer & Clarke, Inc., dated December 23, 2025; and WHEREAS, on October 2, 2025, the Town of Boston Zoning Board of Appeals granted the applicant a Use Variance permitting the outdoor storage of materials associated with the applicant’s fencing business at the subject property; and WHEREAS, in connection with the granting of the use variance, the Zoning Board of Appeals conducted review pursuant to the State Environmental Quality Review Act (SEQRA) and issued a Negative Declaration, determining that the proposed action would not result in any significant adverse environmental impacts; and WHEREAS, the Town Board referred the application to the Town of Boston Planning Board for review and recommendation; and WHEREAS, the Planning Board reviewed the application at its meeting held on March 10, 2026, and recommended that the Town Board approve the proposed outdoor storage yard subject to certain conditions; and WHEREAS, the Town Board conducted a duly noticed public hearing on March 18, 2026, at which all persons wishing to be heard were given an opportunity to comment on the application; and WHEREAS, the Town Board has reviewed the site plan application, the recommendation of the Planning Board, and all other relevant materials submitted in connection with the proposed project; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Boston hereby approves the Site Plan submitted by MCD Solutions Inc. for the property located at 8219 Boston State Road (SBL No. 227.00-6-40.11) for use as an outdoor storage yard for fencing materials and related equipment, subject to the following conditions recommended by the Planning Board: 1. No lighting shall be installed or utilized in connection with the outdoor storage yard.

REGULAR BOARD MEETING TOWN HALL MARCH 18, 2026 7:30 P.M. 2. Privacy screening shall be installed along the northeastern portion of the property. Such screening shall consist of either (i) privacy slats installed within the chain-link fence or (ii) evergreen tree plantings sufficient to provide year-round visual screening. The type, location, and spacing of such screening shall be subject to review and approval by the Town Code Enforcement Officer and/or Planning Board. 3. No additional improvements are authorized under this approval. 4. In the event the applicant proposes to construct a building or make any additional site improvements in the future, the applicant shall be required to return to the Town for further Site Plan Approval. 5. The applicant shall obtain all necessary building permits and approvals from the Town of Boston and any other agencies having jurisdiction. 6. This site plan approval shall expire one (1) year from the date of this resolution unless substantial construction has commenced in accordance with the approved plans. BE IT FURTHER RESOLVED, that this approval is based upon the site plan and topographical survey prepared by Nussbaumer & Clarke, Inc., dated December 23, 2025, together with the materials submitted by the applicant in support of the application. Supervisor Keding Yes Councilman Penders Yes Councilman Stephan Yes three (3) Yes Carried A motion was made by Councilman Penders and was seconded by Supervisor Keding to approve new member of Patchin Fire Company, Jason Kelly. Supervisor Keding Yes Councilman Penders Yes Councilman Stephan Yes three (3) Yes Carried A motion was made by Councilman Penders and was seconded by Councilman Stephan to approve new member of Boston Fire Company, Justin Emerling. Supervisor Keding Yes Councilman Penders Yes Councilman Stephan Yes three (3) Yes Carried A motion was made by Councilman Stephan and was seconded by Councilman Penders to reappoint Gary Stisser as a member to the Planning Board, term through February 1, 2033.

REGULAR BOARD MEETING TOWN HALL MARCH 18, 2026 7:30 P.M. Supervisor Keding Yes Councilman Penders Yes Councilman Stephan Yes three (3) Yes Carried A motion was made by Councilman Penders and was seconded by Supervisor Keding to reappoint Dr. Paul Ziarnowski as Chairman to the Planning Board, term through December 31, 2026. Supervisor Keding Yes Councilman Penders Yes Councilman Stephan Yes three (3) Yes Carried A motion was made by Councilman Stephan and was seconded by Councilman Penders to approve the Use of Facility application from Boys and Girls Club, for Day Camp, July 15, 2026, 10:00 am to 3:30 pm, Boston Town Park, Lions Shelter, and bathroom facilities. Use of Facility fee has been waived. Supervisor Keding Yes Councilman Penders Yes Councilman Stephan Yes three (3) Yes Carried Old business: Supervisor Keding stated that there is no Old business. Reports and Presentations: Highway Superintendent Telaak reported on the following: Thanked Legislator Mills for the proclamation tonight and for their 21- year working relationship, it has been a pleasure. Highway workers out plowing, including Monday night, and have been out several times during recent weeks. The department has sufficient salt supplies while other towns were experiencing shortages. Significant drainage issues during last week's heavy rainfall, with the worst problem on Aspen and Pin Oak where land clearing for a next subdivision appeared to have changed some of the drainage ditches back in the fields, causing unprecedented water flow. The 2025 International truck had been at the dealer for over a month with unresolved issues, frustrated with new truck reliability. On Rice Road, several issues with the accidents and the County is supposed to be doing a study. Highway department installed new "stop ahead" signs with orange triangular markers on each side of the road and reduced recommended speeds to 15 mph going down the hill. Street sweeping was mostly complete on town roads. Reported on illegal dumping issues along West Tillen Road (a county road) where residents had pulled discarded items up from ravines. Expressed frustration about widespread dumping throughout the town despite available waste management services. The highway building was struck by lightning,

REGULAR BOARD MEETING TOWN HALL MARCH 18, 2026 7:30 P.M. shattering the radio antenna, damaging the heating vent, and an electric motor for equipment hose reeling also failing potentially due to the strike. Requested Board consideration for a cold storage building to house equipment currently stored under the Lions shelter, noting that a previous proposal from 10-12 years ago stalled over disagreements about building specifications versus a simpler pole barn structure. Councilman Penders reported on the following: Thanked Highway Superintendent Telaak for excellent winter road maintenance throughout the season. Councilman Stephan reported on the following: This has come up a few times in recent meetings; an update on Hillcroft drainage issues, reported that he and Highway Superintendent Telaak had investigated and will map out what needs to get done once conditions dried and warmed up. Town Clerk Quinlan reported on the following: Thanked the Board for approving the records management grant resolution, noting it may be the largest awarded in Erie County. The grant will digitize large format images and maps (approximately 2x3 feet) that are permanent retention documents, significantly reducing paper storage needs and making materials available to planning board, zoning board, and code enforcement. 2026 Town and County tax collection has proceeded well with over $8 million collected so far. The penalty phase is in effect from March 17th through June 30th. A successful HEAP (heating assistance program) event was held today with good resident turnout, with another planned for mid-April focusing on cooling assistance. The Town Clerk's office worked with Erie County, for the purple Narcan distribution box in the hallway containing Narcan nasal spray and fentanyl test strips for public access. The Lion’s Club is hosting an all- you-can-eat pancake breakfast on Saturday, March 21st from 9 AM to noon at Patchin Fire Hall for $12. Thanked Legislator Mills for his ongoing support and the informational materials he provided, including guides on firearm transfers, voter registration, Yellow Dot program materials, fishing guides, adventure park information, and senior services updates. Supervisor Keding reported on the following: Addressing earlier EMS contract questions at the open floor, confirming that the Town has made multiple attempts in meeting, we were waiting on the squad. Meeting was held, conversation went well, contract negotiations will not be discussed in a public forum, but a public hearing would be held before it’s adopted. He assured residents that services would continue regardless, as contracts include automatic renewal clauses if new agreements aren't reached.

REGULAR BOARD MEETING TOWN HALL MARCH 18, 2026 7:30 P.M. Reported that Deanna Drive street lights were finally operational after resolving issues with missing solar photocells on the lamp fixtures. He thanked residents for their patience while this was corrected. Discussed congressional directed spending efforts for the Town's $20 million water project. With Phase 1 near completion pending 18 Mile Creek crossing. Pursuing federal funding through Representatives Langworthy, Schumer, and Gillibrand offices. Unfortunately, there has been seven unsuccessful grant applications for WIIA funding. Deputy Supervisor Allison Koczur, submitted the grant application for the summer concert series, hope to receive an award there. RFP in the near future for emergency services physicals. The Wurtz Funeral Home was on Erie County's foreclosure/back tax auction list for summer, with one interested potential buyer. It does not qualify for zombie property designation due to its commercial classification. County Clerk Kearns committed to hosting satellite DMV services and potentially pistol permit registration events in Boston, similar to services offered in Elma, to better serve Southtown residents. Addressing recent inquiries about trees in 18 Mile Creek, explaining federal WOTUS (Waters of the United States) regulations that classify 18 Mile Creek under federal jurisdiction. Property owners must obtain DEC and potentially federal permits before removing trees from stream banks, with significant penalties for violations. He noted this regulatory framework also serves scientific purposes, as tree root systems help prevent creek bed erosion. Thanked their grant writer Rotella Grant Management for assistance with various applications. A motion was made by Supervisor Keding and was seconded by Councilman Penders to adjourn the meeting at 8:14 p.m. Supervisor Keding Yes Councilman Penders Yes Councilman Stephan Yes three (3) Yes Carried Open Meetings Law, Public Officers Law, Article 7, §106. Minutes. Minutes shall be taken at all open meetings of a public body which shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon. These minutes are an unofficial copy unless the original signature of the Town Clerk is affixed below. The original official paper minutes are stored in the Town’s vault. _______________________________________________ SANDRA L. QUINLAN, BOSTON TOWN CLERK