Milton considers controversial residency law to protect supervisor's ally

MILTON — The Milton Town Board will vote Wednesday to change a local residency law to accommodate its deputy highway superintendent who was appointed last year in an unanimous vote that was a violation of town law.

The change in the law would protect current job-holder Jason Miller, a non-resident of Milton and a close political ally of Supervisor Scott Ostrander. Currently, town law states that the deputy highway superintendent must be a resident.

"What's the big deal?" Ostrander said. "I grew up in this town and I'm friends with three-quarters of the people who live here. And Jason was working for the town six or seven years before I came to the town."

Ostrander said that Miller was appointed by Highway Superintendent David Forbes last year to his $3,500-a-year stipend position. If the town doesn't change the law, Miller might have to step down from the position. Miller will be able to keep his job as town buildings and grounds supervisor in which he makes $46,300 a year.

Ostrander doesn't expect Miller, who lives in Ballston, will have to step down because he believes the highway superintendent can appoint anyone he wants.

"Dave Forbes is an elected official who can appoint anyone," Ostrander said. "Even you."

He also said he doesn't know why it's necessary to change the law.

"Ask (town attorney) Jim Craig," Ostrander said. "He wrote it."

The change in residency law, which is also being amended for the comptroller and the assessor, was heavily panned by residents at a public hearing.

"We need to enforce the codes we have now," said one resident Jim Staulters. "If we don't, we open up our town to people who don't live here, don't own property here. They will take our money, take our benefits and contribute zero to our town. If you vote for this change, this will be the biggest rape of the taxpayers."

"This happened under the last supervisor, but the board was derelict in its duty and so was the town attorney," said Milton resident John Olenik. "Now the town has crafted amendments to the law. The law should not be made to benefit selected individuals at the detriment to the rule of law because of a mistake. This should not be passed."

Town employee Becky Dreher asked the board  to preserve Miller's role in the highway department.

"Jason Miller's the hardest working man I've ever seen," said Dreher, who is Forbes' secretary. "Many towns looked into residency laws and changed them. Don't disrupt his life."

Suzanne Canell said she has known Miller all his life, but is troubled by the board's attempt to change the law.

"You can't change laws to fit the need of one person," Canell said. "There is a lot of emotion out there, but I believe in being ethical and in lawfulness. I don't see that happening here."

The changes to assessor and comptroller won't have much impact on the current employees. For the comptroller, the proposed changes would  broaden the territory from where the town can hire to fill the position. Right now, town residents get first choice, but the town is allowed to go outside of its borders if no qualified Milton candidate applies. The town's comptroller is Darlene Allen and she lives in Malta.

As for the assessor, the changes will narrow the territory from where the town can hire from. Right now, a town can hire an assessor from anywhere in the state. The new law will limit the pool of assessors to those who live in Saratoga County or an adjoining county. Current assessor John Bonanno lives in Guilderland.

Board member Benny Zlotnick said he is uncertain how he will vote on Wednesday, but he wanted to emphasize that the vote, either way, will not affect anyone's job.

"No one is in danger of losing their job," Zlotnick said.

Councilwoman Barbara Kerr said that she doesn't want anyone to lose their job either . She also said she will vote no on expanding the employee pool beyond Milton because "We have to start listening to the people."

"This has nothing to with politics or a vendetta against anyone," Kerr said. "We need to revisit Jason's appointment because we have to listen. That's why I'm not in favor of changing the law."