Dear Town Manager Rene' Reed,We are writing on behalf of a group formed yesterday which already consists of over 1000 Duxbury residents, sticker holders and other concerned parties.
We have several questions we would appreciate answers to:
1) Who exactly is responsible for the decision to close the beach? Please provide the name and title(s) of the person(s) responsible and the procedure used to make the decision.
2) It has been reported that a government agency requested the beach closure, please provide details to whether this is correct and what the names, titles and agencies of the person(s) responsible are. Also, please detail what steps, if any, were taken to appeal this decision or represent the wishes of the citizens and sticker holders.
3) When was this information provided and when was this decision made? It is particularly troubling that we have learned that citizens purchased beach stickers as recently as yesterday morning and where not told about this issue when the selectmen had already been notified. At the very least this seems highly unethical if not also completely misleading and a false representation to sticker purchasers.
4). Who exactly is responsible for the decision to refuse reimbursement or partial reimbursement of the sticker purchases? Please provide name(s) and title of the person(s) responsible for this decision. Please also explain the procedure used to make this decision.
5). What limits on protection of endangered species are there and what appeal and checks and balance process is in place to prevent errors or instances of overreaching? What efforts, if any, did the town make to appeal this, investigate the legitimacy of this claim and review alternative means to protect the plovers? What additional expert opinions and options were explored by the town in this matter?
6). We have seen communications reporting to be from your office stating:
"The rules and regulations of Duxbury Beach are clear regarding the authority given the Town regarding public safety and endangered species protection. These rules are in place, under the watchful eye of the Federal government to ensure that the beach remains permanently open to the public. If not for these regulations and the overall Duxbury Beach Management Plan, the Beach would most certainly be secured by the government as a Federally protected environment and hence lost to the public in perpetuity."
Please confirm if this is accurately attributed to your office. If so, please explain what Federal agency you are referring to which is keeping a "watchful eye" over the activities of the town. Please detail your offices communications with such agency. Please also explain by what authority you believe the Federal government would seize or "secure" the beach which is private and has been a private corporation since 1975.
More importantly please explain whether you would fight such an action by the Federal government or whether you would support the seizure of the beach by Federal authorities.
7). What other remedies, if any, have been investigated on behalf of people who feel they were sold an ineffective sticker, or worse (especially in the case of those sold stickers after the situation was known) outright duped in their purchase?
Was an exemption requested from US Fish and Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS)? If not, why not?
Given that over 1000 people have joined our group expressed an interest in this matter in less than 24 hours, we believe it is reasonable to expect that this be treated as a priority and expect a response to this letter immediately.