On the agenda: Copake Town Board Meeting 091026 — Flock camera (Oct 8)

Town Board Meeting
Thursday
September 10, 2026
7:00pm
This meeting is being held “in-person” in Town Hall. The access information for the meeting has been
posted and there are members of the public present virtually.
Members Present: Supervisor Wolf, Councilperson Gansowski, Councilperson Gabaccia, Councilperson
Morningstar, and Councilperson Haight
Present: Town Clerk Lynn DeRocha, Attorney Jonathon Tingley (virtually)
Call to Order
At 7:00pm, Supervisor Wolf calls the Town Board meeting to order, and opens the meeting with the
Pledge of Allegiance.
The Board observed a moment of silence to honor the victims and first responders of the September 11
attacks, acknowledging the upcoming 25th anniversary.
Supervisor Wolf mentions that this meeting is being held in person in Town Hall but we are allowing
remote access. This meeting is being recorded and the recording will be posted online within five
business days.
Approval of Minutes
A motion was made by Councilperson Gansowski and seconded by Councilperson Morningstar to waive
a further reading and accept the Minutes as written for the Town Board Meeting of Thursday, August 8,
2026.
All in favor. Motion approved.
Announcements
Supervisor Wolf announces that school tax bill payments are due by September 30th to avoid penalty.
Sunday, September 13th, at the Copake Memorial Park there will be a tractor pull.
Monday, September 14th at 10am, there will be the adjudicatory or evidentiary hearing that ORES
administrative law judges will be conducting concerning two items, that are still at issue on the
Shepherd’s Run Project.
The K.I.S.S (Keeping the Identities of Seniors Safe) program will run from Monday, September 14th
through Thursday, September 24th, 8am-3:30pm, and alternate Saturday’s from 9-11:30am.
The Roe Jan Ramble will take place on Saturday, September 19th.
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On Saturday, September 26th, Music in the Park features the Heavenly Echoes Gospel Band at 6pm. This
is a previously scheduled event that was canceled due to poor weather.
On Saturday, September 26th at The Grange there will be a square dance and ice cream social from 58pm.
On Sunday, September 27th, will be the last day that one can submit written comments on the county’s
plans for the reconstruction of County Route 7A. Copies of those materials are available in the Town
Clerk’s office. The information is available on the Town Website.
Also on Sunday, September 27th is Jammin’ at the Grange from 3:30-5pm.
On Friday, October 2nd is Open Mic Night at the Grange from 7-9pm.
On Saturday, October 10th, the Columbia County Hazardous Waste Collection Day Event will take place;
8am-12pm, 50 Grandinetti Drive in Ghent.
On Saturday, October 31st, there will be a Halloween Costume Party in the Copake Memorial Park from
6-8pm.
On Sunday, November 15th, there will be a Veteran’s Day Brunch. Additional information will be posted
to the town website as it becomes available.
Correspondence
From-Senator Michelle Hinchey, copy of a letter sent to the interim Executive Director of ORES
expressing her continuing opposition to Shepherd’s Run
From-Neal Klein, resignation letter from the ZBA
From-Sensible Solar, Alert notification to attend the hearing on Shepherd’s Run on Monday, September
14th
From-The Firemen’s Home, Notice of an open house on Saturday, September 26th, Howard Avenue,
Hudson, 11am-3pm
From-Kelly Nardin, letter regarding shade at the park
From-Jon Strom, ZBA Chair, recommendation letter for two candidates for the Alternate member
positions to the ZBA
From-Daniel Schorr, postcard wondering if there is a weight limit on County Route 7A for trucks
From-Copake Planning Board, letter recommending a road name change
From-Columbia County Department of Health, notice that applications for individual sewage treatment
systems received by October 1st, will be given priority for witnessing soil tests; applications received
after that probably may not be scheduled until the spring of 2027.
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From-RUPCO, notification regarding that the Plus One ADU Funding Program is again available; for
people who wish to add an accessory dwelling unit to their property; there’s up to $125,000 available to
do so
From-Columbia County Board of Supervisors, press release regarding EMS Funding Changes is under
consideration
Supervisor’s Report
There is a lot going on around here, both in Town and with the County Board of Supervisors. I will
briefly highlight a few.
Copake
Let me begin with the arrival of the long-awaited bridge spanning State Route 22 at Black Grocery Road.
When workers complete the bed and connect the Rail Trail from Orphan Farm Road to the bridge,
cyclists and hikers will be able to ride or walk from Wassaic all the way into Hillsdale. This Rail Trail
extension should be open by mid- to late-October. Two Copakeans were involved for years, pushing this
project through to completion. Edgar Masters and Jeanne Mettler worked tirelessly to make the new
bridge a reality. Thank you both!
At 10 a.m. on Monday morning, Town Hall will be the site of a hearing into issues concerning Hecate’s
proposed Shepherd’s Run project.
The Zoning and Planning Boards are working through issues regarding the proposal to rehabilitate the
Roe Jan School building and convert it into a wellness resort, with a hotel, lodges and cabins, swimming
pools, tennis and pickleball courts, restaurants, and a spa.
In several weeks, construction will begin on a perimeter path around Copake Memorial Park. The
Copake Highway Department will soon receive a new salt storage facility.
Columbia County
And then there is some County business to report on. At the Board of Supervisors meeting in Hudson
last night, there were extensive discussions about Flock cameras, a subject that has received extensive
media coverage. There had been an allegation that the previous Sheriff had purchased 10 license-platereader cameras without following proper procurement procedures. We learned last night that the
allegation was unfounded. Simultaneously, it was reported that an Albany County Sheriff’s Department
investigator allegedly misused data from Flock cameras to track a girlfriend and several others.
Columbia County Sheriff Jackie Salvatore made a presentation to the Board of Supervisor, explaining
that the County’s cameras had helped her Department solve crimes and had enabled deputies to
intervene and prevent a person from committing suicide at the Rip Van Winkle Bridge. She noted that
the cameras can only read license plates, that there is no facial-recognition, audio or video component.
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She added that the data (pictures license plates) is deleted after seven days. Finally, the Sheriff reported
that she had implemented systems to prevent anyone in her Department from misusing data. We also
heard from a representative from Flock who refuted claims that Flock sells data obtained from its
cameras.
A large, vocal group of citizens attended the meeting. They believe that the County should not be
authorizing the use of cameras “to conduct surveillance on law-abiding citizens.” People were invited to
address the Board. Several urged it to prohibit use of Flock cameras in Columbia County, reporting that
the governors of Florida and Texas had banned the cameras from their states.
Solar Update-May 2026
Administrative Law Judges (ALJs) from the NYS Department of Public Service, Office of Renewable
Energy Siting and Electrical Transmission (ORES), will convene an “adjudicatory hearing” beginning at
10am on Monday, September 14 at Copake Town Hall. The public may attend, but no participation is
allowed. We have been informed that if anyone disrupts the proceedings, they will be removed from
the hearing room.
Two issues will be addressed by experts from Hecate Energy, ORES staff, and the Town of Copake. Here
are the issues, and how we got here:
On August 13, ORES Interim Executive Director (ED) Jason Zehr issued a decision that overruled the ALJs’
June 25 decision, which granted Copake “limited party status,” ruling that our Issues Statement raised
“significant” issues, but that those were legal in nature, rather than fact issues. The ALJs thus concluded
that they could resolve the issues without need for a hearing, and that identified gaps in the record
could be remedied by Hecate after it received a final siting permit.
The ED disagreed. He ruled that the two “significant” issues we raised were indeed factual, and that a
hearing was required before he could determine whether Hecate would receive a final siting permit for
Shepherd’s Run. The two issues are: (1) whether Hecate has demonstrated on the record that it
complies with Chapter 135 of the Copake Town Code and, if not, whether it must seek a permit from the
Town to construct portions of its proposed solar facility in the floodplain; and, (2) whether Hecate’s
2020 and 2021 wetlands delineations accurately identify all of the wetlands within the proposed
Shepherd’s Run site.
Copake Town Code – Chapter 135
The ED wrote that, “While the Applicant asserts that the record demonstrates compliance with Chapter
135’s substantive components, the affidavit of the Town’s expert, Johanna Duffy, asserts material
factual omissions precluding a finding of compliance,” and that “the Applicant’s evidence shows that
several solar panels, associated project components, access roads, and limits of disturbance to be in a
FEMA-designated special flood hazard area near the Taghkanic Creek contradicting the Applicant’s
expert affidavits assertions of compliance…”

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Hecate argues that Chapter 135 can be overridden by the state as being “unduly burdensome,” just as
ORES has decided to override many of Copake’s local laws. ORES’ position has been that Chapter 135
cannot be overridden because Copake needs to maintain it to remain eligible for federal flood insurance
programs.
Wetlands
The law under which ORES operates requires a finding that a final siting permit ensures that a project
will comply with all applicable laws and regulations, and that the burden of proof that the project will
comply is on the Applicant (Hecate).
The ED noted that the ALJs had found that the town raised the question of whether the record contains
sufficient information about the extent of Hecate’s wetlands mapping (the question of whether its
delineations are so old as to be unreliable, and may no longer show current, accurate locations of
wetlands, which may move over time), and that Hecate didn’t identify or delineate “wetlands of unusual
importance.” He then concluded that the ALJs erred when they wrote that deficiencies in the record
could be cured after-the-fact, by a “post permit compliance filing” because such filing might show that
the decision to have issued a final permit was “legally erroneous.” The ED wrote, “As the Town
correctly observes in its appeal, site-specific conditions are imposed where a complete evidentiary
record demonstrates that the uniform conditions are inadequate, “not as a mechanism to complete the
evidentiary record post-issuance of a permit.” He continues, “(t)he hearing should look at the Town’s
evidence, as well as any additional evidence the Applicant provides, to determine whether all wetlands
have been or need to be properly delineated such that an evaluation of the draft permit conditions can
be made prior to permit issuance.” The ED concludes, “Although I am not making any final
determination here, I note that without such further record development a question exists as to whether
permit issuance should occur in this matter.” (Emphasis added.)
The adjudicatory hearing
On Sept. 14, the adjudicatory hearing for the proposed Shepherd’s Run solar project began
at 10am and ended at 8:15pm, with a 50-minute lunch break. Over 100 people attended the marathon
event.
Site visit and ALJ ruling
On Sept. 13, I joined Copake’s wetlands and floodplain expert, Ms Duffy, for a visit to the proposed site
of the Shepherd’s Run facility. Hecate and ORES representatives attended as well.
Earlier this month, ALJ Leary ruled that conditions Hecate sought to impose on the visit were
unacceptable. She wrote that Hecate could not limit us to areas “within or immediately adjacent to
delineated wetlands…and… regulated floodplains,” noting that the issues for the hearing are whether
the delineations comply with State law and whether the Project complies with Chapter 135.” Judge
Leary concluded, “Full access to the project site to fully explore both issues is required…”
Whether ORES grants Hecate a final siting permit must be decided no later than October 19.

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Supervisor Wolf adds that the Department of Environmental Conservation has jurisdiction over the
wetlands and for some reason they had not been properly served in this at all. When Hecate served
them, they served DEC incorrectly. They have now been informed and will be at the September 14th
hearings.
Department Heads/Committee Reports
Highway Department
Highway Supervisor Gregory reported that the new salt storage building is under construction.
They delivered the prefab concrete. Tuesday they will come and set the trusses and fabric. The
Town of Taghkanic is on board to help us pave the area. It should be completed by the end of
October.
Highway Supervisor Gregory reports that Colarusso and Son Paving is scheduled to do the
walking path in early October.
Road improvements and storm cleanup efforts by the Highway Department were praised by the Board.
Highway Supervisor Gregory thanked the Copake Fire Company for being such a huge help to him during
the storm.
Public Forum
Lindsay LeBrecht, Craryville/Copake Lake reads a snippet of Senator Michelle Hinchey’s letter sent to the
interim Executive Director of ORES expressing her continuing opposition to Shepherd’s Run.
Ms. LeBrecht thanks the Board for all they do for the town.
Cheri Reed, Park Commission member, wants to know the status of the outdoor bathrooms at the park.
Councilperson Gansowski states that improvements to the park building and bathrooms have been
made with the new cleaning service; though there is much more to do. The board is looking into
possibly one new bathroom, maybe two.
Councilperson Haight asks what happens if ORES doesn’t make a decision by the deadline? Would they
get the permit? Supervisor Wolf states that after a year a decision hasn’t been reached, it means that
the permit is automatically granted.
New Business
Proposed Local Law Establishing Income Levels for Senior Citizen Real Property Tax Exemption
Proposed Local Law Establishing Income Levels for Disabled and Low Income Real Property Tax
Exemption
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Supervisor Wolf introduces and briefly discusses two proposed local laws; a Proposed Local Law
Establishing Income Levels for Senior Citizen Real Property Tax Exemption, and a Proposed Local Law
Establishing Income Levels for Disabled and Low Income Real Property Tax Exemption. The Town
Board agrees to set a public hearing for the proposed local laws before the next Town Board
meeting on October 8, 2026, at 6:45pm.
Park Commission requests
Purchase of Ice Cream Maker
The Park Commission is requesting the purchase of an ice cream maker.
The Town Board clarified that the procurement policy requires soliciting at least two bids for the
proposed ice cream maker and advised the Park Commission to return next month with the required
information.
Purchase of a Deep Fryer
The Park Commission is requesting the purchase of an air fryer.
There was a discussion on deep fryer safety and liability concluded with a request from the Town
Board for more information regarding models and health regulations.
Miscellaneous expenses – Halloween, Christmas
The Park Commission requests $400 for Halloween decorations. The Town Board agrees.
The Park Commission requests $600 for supplies for the Veteran’s Day Brunch on Sunday, November
15th. The Town Board agrees.
The Park Commission is requesting $1000 for holiday lighting for the park/walkway, and for a
planned upcoming Winter Walk. Park Superintendent Gregory raised security concerns regarding
security and night-time lighting; the park closes at dusk; and liability issues. The Town Board asks
the committee to provide a concrete proposal for the Winter Walk and park lighting including the
budget and placement of the displays, and return next month.
Tulip Festival
The Park Committee proposed planting tulips possibly for a tulip festival or planting in containers for
a spring festival. The Board asks the Park commission to create a plan for planting tulip bulbs in
containers including costs, local sourcing options, and consultation with the Park Superintendent.
Social Media
Danielle Farwell, Park Commission member, realizes that there is a Park Commission PR position in
charge of social media and would like access to reset the Facebook page. The Board agrees, but all
proposed social media posts must be sent to the Town Clerk for vetting and posting to the Town
website. The social media policy will be reviewed.

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Bingo Fundraiser
The Park Commission requests a one day Bingo event.
The Board will investigate whether the town allows bingo events. Town Attorney, Jon Tingley will
research the necessary process for state compliance.
Park Commission Meeting Night Change
The Park Commission requests to change the Park Commission meeting night from the third
Monday of the month to the fourth Monday of the month; and change it one the website with
expiration of member terms. The Board agrees. The Town Clerk requests an email with their
changes.
Copake Falls Events
Walk in the Wilderness – Sunday, December 6, 2026
Copake Falls Day – Saturday, July 17, 2027
A motion was made by Councilperson Gabaccia and seconded by Councilperson Morningstar to
approve the date of Sunday, December 6, 2026, for the Walk in the Wilderness, and Saturday, July
17, 2027, as the date for the Copake Falls Day; and its designation as a town event.
All in favor. Motion approved.
Old Business
None
Resolutions
TOWN OF COPAKE
RESOLUTION
Number 23 of September 10, 2026
To Make a Budget Transfer in the 2026 Budget
WHEREAS, the Town Board desires to make a transfer in the 2026 Budget to ensure adequate
appropriation is made to fund a contract for animal control services; now, therefore,
It is hereby RESOLVED, that the Town Board of the Town of Copake hereby authorizes and directs the
following budget transfer in the adopted 2026 Final Budget:
Change
Decrease
Increase

Fund/Line
A917
A35104

Description of Fund/Line
Unassigned Fund Balance
Animal Control Contractual

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Amount
($600.00)
$600.00

Roll Call Vote: The foregoing Resolution, offered by Councilperson Gansowski, and seconded by
Councilperson Haight was duly put to a roll call vote as follows:
Resolution No. 23
Dated September 10, 2026
Copake, New York
Roll Call Vote:

Supervisor Wolf
Councilperson Gansowski
Councilperson Gabaccia
Councilperson Haight
Councilperson Morningstar

yes
yes
yes
yes
yes

___________________________
Lynn M. DeRocha, Town Clerk
(seal)

September 10, 2026
TOWN OF COPAKE
RESOLUTION
Number 24 of September 10, 2026
To Establish a Standard Work Day and Reporting Resolution for Elected and Appointed Officials

Received Date

9

Please type or print clearly
in blue or black ink

Employer Location Code

RS 2417-A

SEE INSTRUCTIONS FOR COMPLETING FORM ON REVERSE SIDE

(Rev.12/23)

BE IT RESOLVED, that the

/

hereby established the following standard work days for these titles and will
(Location Code)

(Name of Employer)

report the officials to the New York State and Local Retirement based on their record of activities:

Name

Social
Security
Number

NYSLRS ID

Title

Current Term
Begin & End
Dates

Standard Work
Day

Record of
Activities
Result

6405

XXXXXX

Administrative Assistant

08022-123126

6

5.16

Not
Submitted

Pay
Frequency

Tier 1

Elected Officials:

Gwen Menshenfriend

Bi-weekly

Appointed Officials:

I,

Lynn M. DeRocha

, secretary/clerk of the governing board of the

(Name of Secretary or Clerk)

Town of Copake

(Circle one)

, of the State of New York,

(Name of Employer)

do hereby certify that I have compared the foregoing with the original resolution passed by such board at a legally convened meeting held on the 10th

day of

September

, 20 26

on file as part of the minutes of such meeting, and that same is a true copy thereof and the whole of such original.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the

Town of Copake

on this

10th day of September , 2026

(Name of Employer)

.
(Signature of Secretary or Clerk)

Affidavit of Posting: I, Lynn M. DeRocha

September 10, 2026

being duly sworn, deposes and says that the posting of the Resolution began on

(Name of Secretary or Clerk)

and continued for at least 30 days. That the Resolution was available to the public on the:
(Date)

■

Employer’s website at:

townofcopakeny.gov

■

Official sign board at:

Copake Town Hall
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(seal)

,

Appointments
A motion was made by Councilperson Gabaccia and seconded by Councilperson Morningstar to appoint
Danielle Farwell as first alternate, term expiring December 31, 2030, and Jason Mato as second
alternate, term expiring December 31, 2031, as Alternate members on the Zoning Board of Appeals.
All in favor. Motion approved.
The Town Board will continue to advertise for members for the Copake Economic Development Advisory
Committee, and the Conservation Advisory Committee. Also, the Historic Preservation Committee is
urgently seeking members.
The Town Clerk announced the appointment of Marissa Mongiello as Deputy Clerk.
Budget-Approval of Budget to Actual Reports and agreement to post
a. Preliminary Budget to Actual Report-July 31, 2026 and August 31, 2026
b. Agreement to post Budget to Actual Report
A motion was made by Councilperson Morningstar and seconded by Councilperson Haight to approve
and post the July 31, and the August 31, 2026 Budget to Actual Reports
Councilpersons’ Reports
Councilperson Morningstar reported the CEDAC met and reviewed surplus goals. Picklemania has made
about $3,500, so they are putting that surplus back into the park. Rock Around the Clock had a surplus
of $540. CEDAC is hoping to do that again. CEDAC is looking to change the Pickleball event to
September because there’s less unpredictable weather than in May. CEDAC will attend the
Comprehensive Plan Committee meeting in October to gather ideas and determine next steps for the
road forward based on the Comprehensive Plan.
Councilperson Gabaccia reports that the CAC did not meet, but they are seeking additional members.
Jed Luchow and Catherine Mikic have resigned from the Historic Preservation Committee and attended
their last HPC meeting. Councilperson Gabaccia thanks them both for all that they have done. The
Historic Preservation Committee is seeking members as well. The biggest thing going on at the ZBA is
the Roe Jan Resort. Councilperson Gabaccia thanks Barbara Dokter for sharing the video of the location
where Shepherd’s Run is proposed. It’s the most viewed post that the town of Copake ever had on
Facebook with over 31,000 views. Councilperson Gabaccia mentions that there is a movement on
Facebook for people to say the name of the people who perished during 9/11. Councilperson Gabaccia
will put up a post to that effect. It’s a wonderful tribute and helps people not to forget.

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Councilperson Gansowski reports thanks the Park Commission for a successful Summer Music program.
Councilperson Gansowski reports that short-term rentals are fully managed by Granicus with 90 active
properties and 14 pending. The building department collected $31,159 last month, including $17,000
from a single new home.
Supervisor Wolf reports that proceeds from Picklemania and other Pickleball related income will be
given to the town. Plans will include the purchase of tennis nets, paddles, and some other things,
subject to approval.
Public Forum
Mary Bradway reaffirmed the Park Commission's commitment to developing inclusive facilities for the
community. Ms. Bradway noted the prevalence of deep fryers in regional concession stands, and will
return with more information.
The Board discussed potential park infrastructure improvements, including the inventory and placement
of shade trees.
Approval of Bills
Done
Executive Session
A motion was made by Councilperson Morningstar and seconded by Councilperson Gansowski to go into
Executive Session for the purpose of discussing litigation.
All in favor. Motion approved.
At 9:07pm, a motion was made by Councilperson Morningstar and seconded by Councilperson Gabaccia
to come out of Executive Session. No action was taken at this time.
All in favor. Motion approved.
There were no decisions made.
Whitney Keefner Road Naming
A motion was made by Councilperson Haight and seconded by Councilperson Gabaccia to authorize the
naming of Sheldon Way.
All in favor. Motion approved.
A motion was made by Councilperson Morningstar and seconded by Councilperson Gabaccia to amend
the appointment of ZBA Alternate members Jason Mato, to fill the remainder of the unexpired term that
ends December 31, 2026.
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All in favor. Motion approved.
Next Meeting Date
Thursday, October 8, 2026, 7:00pm
Adjournment
A motion was made by Councilperson Gabaccia and seconded by Councilperson Morningstar to adjourn
the meeting.
All in favor. Motion approved.
Respectfully submitted,

Lynn M. DeRocha

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