Gloversville mayor concerned about ice cream truck case court costs

GLOVERSVILLE – Mayor Dayton King said Monday he is concerned with how much time, money and city resources are being used to complete the hearing regarding the denial of Sno Kone Joe’s permit to vend within the city.

The city typically pays Anthony Casale as city attorney at an annual salary of $63,529; however, since he previously represented Malatino in a separate case he recused himself from this hearing, resulting in the city having to hire outside council.

The city is currently using attorney Michael Albanese in the case at an hourly rate of $150, Mayor King said.

Thursday will mark the fifth day in court over the vending permit case, with a decision still pending.

King said because the process is taking so long he and other city employees have had to cancel scheduled meetings to be in court.

The case in state Supreme Court has caused three city employees to spend numerous hours in the court rather than tending to their typical duties.

Although most city officials are salaried employees, the time spent in the hearing process is costing the city. Mayor Dayton King has a salary of about $39,839, Police Chief Donald VanDeusen has a salary of $88,500 and City Clerk Susan Semione has a salary of $32,000.

“[Salaried] employee’s have other duties and this is really piling up our work load,” Mayor King said. “We could be doing other things.”

He also said although there is a deputy city clerk to fill in for Semione, the people coming into City Hall aren’t getting the level of service they typically would with two clerks.

King also said he would consider updating the City Code to include a hearing after a decision to deny a permit, to prevent a future denial from being dragged to court for the hearing process.

“I’d be open to doing anything more expedient than we are doing today,” King said.