Southtowns Record

TB 2026-01-07 Agenda & Minutes

Government
Town of Boston
Board
Town Board
Meeting
Jan 7, 2026
Posted by publisher
May 22, 2026
Kind
Minutes
Topics
Zoning and land use, Water, sewer and drainage, Budget and taxes, Roads and traffic, Audits and oversight, Parks and recreation, Short-term rentals

Original document

Same meeting

Text · page 26 of 29

Read the whole document on one page (all 29 pages, each with its own heading)

ORGANIZATIONAL BOARD MEETING  TOWN HALL
JANUARY 7, 2026  7:30 P.M.
WHEREAS, the Town has received a quote for cyber liability at a cost of $3,117
from Spinnaker Insurance Company;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Boston
hereby authorizes payment, upon receipt of invoice, of the January 1, 2026 to
January 1, 2027 insurance policy premiums plus fees totaling $99,049 to NYMIR
and $3,117 to Spinnaker Insurance Company.

  Supervisor Keding  Yes  Councilwoman Martin  Yes
  Councilman Penders  Yes  Councilwoman Selby  Yes
  Councilman Stephan  Yes
five (5) Yes  Carried

A motion was made by Councilman Penders and was seconded by Councilwoman
Martin,
RESOLUTION 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.

  Supervisor Keding  Yes  Councilwoman Martin  Yes
  Councilman Penders  Yes  Councilwoman Selby  Yes
  Councilman Stephan  Yes
five (5) Yes  Carried