The July 9 Marbletown Town Board meeting had more than a few items on its to-do list, but first, council members had some crap to deal with. Literally.

A resolution was discussed at some length to coordinate with Tighe & Bond Engineering on an application for the state Department of Environmental Conservation’s Beach Sanitary Survey to probe the reported fecal contamination of the Esopus Creek that led to the closure of the beach at Marbletown Town Park for swimming and fishing. The cost to the town will be $2,000, with a potential $5,000 to follow “in kind.” The park sits alongside the creek on Tongore Road.

Consideration of the resolution followed comments from the public that were quite passionate in describing what the loss of swimming and fishing in the creek means. The comments reflected the efforts of the Ulster County Lower Esopus Stream Management Plan to monitor and improve water quality in the Esopus. The Marbletown Parks, Trails and Recreation Commission and the town’s Environmental Conservation Commission have recommended that the town engage with the Beach Sanitary Survey.

However, the board was diverted for a while by Councilman Ken Davenport’s questions concerning the town’s fiscal position, especially in regard to grant monies already applied for and in some cases received. Davenport fears that the town will be bankrupted by the requirements in the grants for “matching funds.” Grants are often set up so that, say, $100,000 is made available to a municipality for a capital project, with the municipality agreeing to add $50,000 of its own money. Davenport asked if anyone on the board knew precisely what the total of grants and matching funds was at this point. He called for the board to establish a process so that everyone would know how much the town must pay for matching the grants it has ongoing at any one time. He said he thought it’s $450,000 at this point.

For a while, Davenport argued with Town Supervisor Rich Parete who appears to have a good idea of the town’s finances month to month. He said a $500,000 payment from the state is due in the next two months and that the town has about $900,000 in cash in the bank.

Parete brought the discussion back to the details of the grant proposals and expenses involved in the Beach Sanitary Survey. He said that RFPs on the project would require a limit of $50,000 in costs; only bids within that limit would be accepted. Any spending that went over the $50,000 limit would not, Parete said, be acceptable.

Councilwoman Daisy Foote said she was in favor of the survey but had reservations about the costs to taxpayers. She posed questions about the source of the coliform bacteria detected in the Esopus. If it stems from a leaking septic system, then the town has legal remedies. If it comes from birds, such as geese, or another natural source, then there are no remedies. If it comes from a farm? “There’s not a lot we can do,” Parete said. “We can’t take legal action against a farm.”

“We don’t know what it is,” Councilman Tim Hint said, therefore the case for finding out remains strong. That logic appeared to resonate with the board and it finally voted to approve the beach survey unanimously.

Zoning Amended for Cannabis Dispensaries, Cell Towers

Following positive votes on resolutions to amend the town zoning, Local Law No. 3 for 2024 was passed. The cannabis retail dispensary amendments are to keep the town regulations regarding sale of cannabis in line with state rules. The cell tower amendments are to adopt the setback requirements aligned with the height of the tower or the “fall zone,” in case a tower falls. Previous setback requirements were greater and discouraging to new cell towers. They required that the minimum dimensions of a parcel for a tower to be 1,000 feet in any direction. Few parcels are of that size in the town. Cell towers will remain restricted to forested areas of the town.

A final resolution approving an application to New York State Office of Parks, Recreation and Historic Preservation for financial aid to fund development of parks and recreational facilities in the town, particularly at the Marbletown Park project, was passed, again unanimously.

Update on the Schoolhouse

There has not been a decision yet from the state Supreme Court judge looking at the signatures collected in favor of a permissive referendum in the matter of the sale of former Schoolhouse No. 3 that was used by the North Marbletown Fire Company for decades. It now belongs to the town, which has negotiated the sale of the property. However, local conservation-minded residents believe the schoolhouse should be landmarked and retained as a potential historic site with tourism aspects. The judge has gone over the 20-day limit on a decision; there’s no word on why that has occurred.

Laura Shaine Cunningham, who has championed the preservation of the schoolhouse, gave an impassioned comment at the end of the meeting and passed out copies of it to the board. The board made no response.