To the editor:

 Regarding recent allegations made by Mr. John Costin in his letter to the editor last week “Unexpected ‘gift’ from town,” I feel compelled to provide the facts behind his erroneous list of events so that every resident will fully comprehend all aspects of these incidents.
First, Mr. Costin has incorrectly stated that the town has hired an economic development director. Although it was my strong recommendation last winter to add this position, the selectmen and I agreed that a director of community development would better serve the town.
This new position does not serve as economic development director in name or function. Instead, the person reassigned to this position will supervisor and coordinate the town planner, code enforcement officer and staff; work with residents, businesses, various boards, and commissions; and seek the necessary grants for community development as appropriate.
Now, to make crystal clear the rules and regulations of our Town’s Charter, and to summarize some of the events of the Selectmen’s meeting of Nov. 24, please read the following:
Public’s Right to Speak: The Board receives public comment at the beginning of each regular meeting (as it did on Nov. 2). This was in accordance with the Charter provision, Section 3.06.12 “To approve and adopt administrative and personnel policies…” and is further defined by the Board of Selectmen by-laws and policies (posted at the meeting and on the web).
Additionally, the board, on many occasions, receives further input during the meeting subject to the board’s allowance on time. The public’s input to comment was available and was not violated by the Charter, Board of Selectmen by-laws and policies, or Maine law.
On that particular evening, Mr. Costin did not come to the public comment session but arrived later on in the evening during the confirmation of the community development director. He was initially denied the right to speak but was later granted permission.
The board’s role was a confirmatory role on this topic of approving a division director. It is the manager who appoints the staff.
Executive session: The Board of Selectmen has the right to enter into executive session. The Board of Selectmen, under state statute, went into executive session to discuss an item. Section 405.6.A states: “Discussion or consideration of the employment, appointment, assignment, duties, promotion, demotion, compensation…”
The selectmen and manager were correct to discuss the employment, appointment, assignment, duties and promotion of the new Director of Community Development. No decision was made during that executive session. The appointment and confirmation were held in public session on Nov. 24.
Authority to create a new position: Mr. Costin’s understanding of the Charter language is also incorrect regarding the creation of a position and funding. Section 4.02(5) of the charter allows the manager to: “Nominate, subject to confirmation by the Board of Selectmen, supervise and control the following Town officials: … the heads of any other departments created by the Board of Selectmen or the Town Manager…”
The town manager can create a position and have the Board of Selectmen confirm the appointment. Additionally, this position was created within the funding allocated by the Town Meeting. At the Town Meeting in June 10, under Article 15 (Administration and Finance), 14 items were approved as one total, $3,144,862. It is legally permissible to move funds from one item to another within that article without further Town Meeting approval when that approval is a lump sum.
Moving funds from the vacant assistant CEO position to be used for the new director of community development is allowable. No violation of the Charter has occurred. No additional taxes from the residents were needed to complete the restructuring of the various departments.
Mr. Costin’s letter implies that the restructuring introduced last winter was controversial. He also contends that social services are currently not being met. To date, the transition has functioned very well including all social service needs, which are continuing to be met by current staff, vendors, and volunteers. The economic development efforts are addressed by the manager, economic development committee, kennebunk local development corporation, residents, and the businesses of Kennebunk.
We reduced our manpower last year and are completing the tasks at hand with less staff and with the added benefit of more participation from the residents. Municipal government is not insular to the economic climate and those decisions to reduce manpower were the vote of the public at the Town Meeting.

Barry A. Tibbetts
Town Manager