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HomeMy WebLinkAbout2008-07-08 Board of Selectmen HandoutTOWN MANAGER'S REPORT Tuesday, July 08, 2008 • The Town of Reading through the efforts of its employees has received a $36,000 credit on its insurance program for next year. This is through the MIIA Rewards program, and it recognizes good risk management processes and efforts. • The state has finally approved the temporary traffic measures (at Pleasant Street) that were proposed for the re-opening of the Main Street lane closures, with the provision that a permanent solution is in place for this winter. Main Street striping is scheduled for later tonight, and Main Street should have 4 lanes on Wednesday. In addition, the sequencing of the traffic lights are being examined & fixed as needed. • Great news (albeit temporarily)! The President signed the Medicaid Bill which will allow municipalities to continue to get reimbursement for some costs from Medicaid. This source of revenue is safe through next April. • The Reading Housing Authority has received a grant to replace curbs and repair sidewalks in Tannerville. DPW is using our contractor to do the work, and will be supervising it. Work is scheduled to begin on Wednesday July 9th, and will take a couple of weeks. • Paving - Sunnyside and Fairview scheduled for this Thursday July 10th (weather permitting). • Tennis Courts - meeting today with the contractor and subcontractors. An apparent leak of some sort needs to be repaired or replaced. All parties will wait another week to see if the condition deteriorates further. Winchester had a similar problem about seven years ago - we are contacting them to see how the proposed repairs have held up. • The Summer edition of Your Community Connection available online at www.read inama.aov • Senior Center - Christmas in July on Monday, July 14 - 3:00-5:00 p.m. - Great Room - Celebrate Christmas in July sponsored by Sunrise of Lynnfield. See the website for further details. Dates and Events: • Site Walk - Gould Street - July 9 at 5 PM • Site Walk - Birch Meadow - July 9 at 5:30 PM D LAND Program FY09 Grant Round, Town of Reading 1. Applicant Information Municipality Name: Town of Reading Project Name: Ipswich River Greenway Acquisitions Total Project Acreage: County: Middlesex Watershed: Ipswich River Congressional District: 6th Zip Code: 01867 PARCEL 1 Parcel Acreage: 9.045 Acres Appraised value: $275,000 Location: 1503 Main Street rear Present Ownership Information: Name: Hazel V Malcolm et al. Trs Address: Collins Realty Trust 35 Turner Dr North Reading, MA 01864 Assessor's Sheet Number: 247 Lot Number: 1 Latitude & Longitude at Main Entrance: 42.561975 -71.106994 PARCEL 2 Parcel Acreage: 1.9 Acres Appraised value: $10,000 Location: Sanborn Lane Present Ownership Information: Name: William A Quigley Jr Trustee Address: Butcher Family Realty Trust 79 Puritan Ln Swampscott, MA 01907 Assessor's Sheet Number: 235 Lot Number: 4 Latitude & Longitude at Main Entrance: 42.557866 -71.11078 PARCEL 3 Parcel Acreage: .4821 Acres Appraised value: $2,500 Location: North Main Street Present Ownership Information: Name: Burton H Curley Address: Joann Curley 10072 SW 62nd Cir Ocala, FL 34476 Assessor's Sheet Number: 245 Lot Number: 5 Latitude & Longitude at Main Entrance: 42.562568 -71.107356 11.43 Acres D BUDGET Ipswich River Greenway Land Acquisition I I Total State Local ) Purchase of land ) $287,500) $166.750) $120,750 ) Legal Expense ) $90,000 $5,800) $4,2001 Demolition of $5,000 0 $5,000 Structure $302,500) $172,550 1 $129,9501 There are no anticipated donations or CPA funds included in this project. Local funds will be via a debt authorization by the Town of Reading. Town of Reading CONSERVATION COMMISSION Phone (781) 942-6616 16 Lowell Street Fax (781) 942-9071 Reading, MA 01867-2683 ffink&i.reading.ma.us July 2, 2008 Mr. Tom Anderson Division of Conservation Services Executive Office of Energy and Environmental Affairs 1'00 Cambridge Street, Suite 900 Boston, MA 02114 Re: LAND Grant Application - Ipswich River Greenway Land Acquisition Project, Reading, MA Dear Mr. Anderson: The Reading Conservation Commission is pleased to submit the enclosed LAND Grant Application for the FY 09 Annual Grant Round to the Division of Conservation Services. During their meeting on June 25, 2008, the Conservation Commission voted unanimously to support the acquisition of three key parcels of land contiguous to the existing protected Town Conservation, Forest, and Water holdings that comprise the Ipswich River Greenway across the northern end of Reading. The proposed project will provide access points to and links between existing trails in the Greenway. Two of the three parcels are under pressure for residential development. The project wily expand the considerable protection already provided by the Town of Reading for public well aquifer recharge areas, the Ipswich River watershed, and important endangered species habitat. Acquisition will serve five of the seven stated goals in the Reading Oben Snace and Recreation Plan that was provisionally approved by the Division of Conservation Services last September. The goals include habitat and watershed protection, recreation'space provision, accessibility, connecting open space and recreation lands, and preserving the character of the town. Acquisition will also serve needs for the Northeast Region stated in the 2006 Statewide Combrehensive Outdoor Recreation Plan, including preservation of wetlands in the Ipswich River watershed, expansion of passive recreation lands and trails, and improved access to Bare Meadow Brook and the Ipswich River and their associated wetlands habitat areas. The Commission is also committed to creating accessible trails wherever feasible throughout the Greenway. D The attachments to this grant application identify the three parcels by location, owner, and size and describe the important natural resource characteristics and recreational opportunities provided by these parcels.. Other attachments include the anticipated project schedule and budget, maps and site plans. Shat identify the parcels and the resources present, appraisals, a draft Town Meeting warrant article, and certified legal authorizations. Comments are being requested, from the Massachusetts Historical Commission and the Natural Heritage and Endangered Species Program and should arrive separately. The Town is submitting the materials needed for this year's update of the Commonwealth Capital Score, which we understand to be due on August 15, 2008. We thus anticipate that the Score will be available to DCS within the grant review period. The Conservation Commission has created on-going partnerships with the following organizations to plan and develop the Ipswich River Greenway and to maintain and protect our Town land holdings: • Reading Open Land Trust • Friends of Reading Recreation • Ipswich River Stream Team • Town Forest Committee • Walkable Reading • Reading Recreation Committee • Reading Department of Public Works • Boy Scout and Girl Scout Troops • Northern Area Greenway Committee Working in partnership with these organizations, the Commission has recently achieved the following: • Supported the formation of a standing Trails Committee by the Board of Selectmen; • Identified existing trail networks and potential trail corridors that can be developed to create the cross-town Ipswich River Greenway Trail; • Developed standards for trail construction town-wide, including handicapped accessibility standards; • Laid the foundation to initiate an adopt-a-trail volunteer program in the fall to improve monitoring and maintenance of Reading's trail systems; • Planned and carried out trail improvement projects, including a new fully-accessible trail from the log cabin in the Mattera Conservation Area to Bare Meadow, and a new trail to connect the eastern end of the Greenway to Haverhill Street; • Completed a boardwallc feasibility study under a Riverways grant that would link the Marion Woods/Lobs Pound Mill Conservation Area on Mill Street to the Town Forest, completing the western half of the Ipswich River Greenway Trail; • Entered a contract with the Fishing and Boating Access Program in the MA Department of Fish and Game to design and construct a fully-accessible fishing dock and trail at Lobs Pound Mill; • Purchased Dividence Meadows with assistance from the Aquifer Land Acquisition Program, adding 12 acres of land important as endangered species habitat and Zone II recharge area, as well as providing a neighborhood access route to the Town Forest and the Ipswich River Greenway network; • Prepared a Request for Proposals to identify a tenant for the log cabin in the Mattera 'Conservation Area who will conduct educational and recreational programs in the Ipswich River Greenway lands. The Conservation Commission will continue to work with these groups and the new Trails Committee to manage all Conservation Lands in Reading, including the parcels proposed for acquisition in this project. The Conservation Commission strongly supports this project because we believe that it will serve the Water Resources, Landscape Conservation, Biodiversity and Resource Protection, and Recreational purposes of the LAND Grant Program. Thank you for your thoughtful consideration of this proposal. We look forward to meeting with you in the near future to tour the project sites together. Sincerely, 44q, Mark Wetzel, Chairman Reading Conservation Commission BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS 01609 GARY S. BRACKETT 508-799-9739 OF COUNSEL JUDITH A. PICKETT Fax 508-799-9799 ELAINE M. LUCAS JAMES T. MASTERALEXIS STEVEN C.FLETCHER* WINCHESTER OFFICE ELLEN CALLAHAN DOUCETTE 165 WASHINGTON STREET HEATHER W. KINGSBURY WINCHESTER, MASSACHUSETTS 01890 JASON D. GROSSFIELD 781-729-1500 Fax 781-729-5444 M. YVONNE GONZALEZ** E-Mail: ECDoucette@BrackettLucas.com *Also Admitted in ME and CO **Also Admitted in CT RESPOND TO WINCHESTER OFFICE July 7, 2008 VIA ELECTRONIC MAIL Board of Selectmen Town Hall 16 Lowell Street Reading, MA 01867 Re: Busa's Readinl? Liauors. Inc. - Reauest for Stav of License Suspension To the Board: As a preliminary matter, I apologize to the Board for being unavailable for its meeting on this issue as I must attend a previously scheduled meeting in another community. Busa's Reading Liquors, Inc. (`Busa") is requesting that the Board of Selectmen, in its capacity as the local licensing authority, stay the two day license suspension imposed as a result of the Board's determination that Busa violated M.G.L. c.138, §34, sale or delivery of alcoholic beverages to a person under the age of 21 years, pending resolution of it's (Busa's) appeal to the Alcoholic Beverage Control Commission ("ABCC"). The ABCC has scheduled a hearing on this appeal for August 6, 2008. Unlike the suspension of a § 12 license which is automatically stayed pending the outcome of the appeal to the ABCC, there is no similar statutory stay when a § 15 license is suspended. In such cases, the general practice is for the licensee to request that the local licensing authority stay the license suspension pending the outcome of the appeal. There are no established standards for the Board to use in determining whether or not it should grant the stay. However, in the event that the Board denies such request, it is likely that Busa will seek a preliminary injunction in the Superior Court against the license suspension and the process used by the Superior Court to determine whether or not it should issue the injunction to stay the suspension may be of some assistance to the Board in this regard. In order to obtain a preliminary injunction, Busa must demonstrate to the court that: it (Busa) will suffer irreparable harm if the stay is not granted; that it is likely to prevail on the merits of the appeal; that the public interest will not be harmed if the stay is granted; and that the harm to the town will not be greater if the injunction is granted, than if it is denied. "Irreparable harm" has been defined as "a loss of rights that cannot be vindicated should [the party] prevail after a full hearing on'the merits." As applied to the suspension of Busa' license, you will likely hear the argument (as will the court if the request for a stay is denied) that irreparable harm will occur, i.e., a loss of two days business that will never be regained, if the suspension is served before the ABCC hearing and if Busa prevails before the ABCC. As to the likelihood of success on appeal, please be advised that the ABCC will hear this matter de novo, i.e., the evidence will be presented and the ABCC will make its own findings of fact. The ABCC will decide whether or not the Board made errors of law or abused its discretion thus resulting in an arbitrary and capricious decision. Based upon this standard of review and the factual circumstances that will be presented to the ABCC, I am confident that the Board's decision will be upheld. Notwithstanding my confidence in the Board's decision making, in considering whether or not to issue the injunction, the Superior Court will also evaluate whether or not there is a risk of harm to the Town of Reading should the injunction be granted and the ABCC uphold the Board's suspension thus resulting in the imposition of the penalty at a future date rather than on July 14-15. Thank you for your attention to the above. Very truly yours, Ellen Callahan Doucette ECD/sjs 0 0710212008 12:06 (FAX) P.0011002 Rubin, Weisman, Coiasanti, ' Kj-ko & Steiti LLP Michael lw Rubin 430 Bedford Street Mitchell E. Weisman ATTORNEYS .AT- L A W Le7dtigton, MA 02420 AnnMarie Colasanti Pet2tT KajlCp W W W MASS FI K:.ICOM Phone: (781) 860-9500 David B. Stein Pa)c (781) 863-0046 Christine N. FTetcher** *also admitted in NY & FL Cynthia Sherman 'also admitted in NY & Nj Nellie R. Rosen also admitted in NH Alisha S. Tomasho Edward A. Pxisby-- Karen G. Castaneda July 1, 2008 VIA OVERNIGHT MAIL AND VIA FACSZ gEENO. 781-942-9 077 Town of Reading 16 Lowell Street Reading, MA 0.1867-2685 Attention: Peter I. Hechenbleikner, Town Manager Re: Busa's Reading Liquors, Inc. Notice of Violation of MGL Chapter 138, Section 34 - Sale to a Minor Dear Mr. •Hechenbleikner: Please be advised this office represents Busa's•Reading Liquor's, Inc. and is in receipt of your correspondence dated June 26, 2008 and received by my client on June 30, 2008 regarding the above-referenced matter and requiring Busa's Reading Liquors, Inc. to surrender its license no later than Monday, July 14, 2008 for a period of three-days. -moo We are therefore exercising Busa's Reading Liquors, Ins.'s statutory right of appeal to the Alcoholic Beverages Control Commission. We respectfully request that your decision of suspension be stayed until such time as the Alcoholic Beverages Control Commission renders its decision on appeal. Kindly ackmwledge same by executing the acknowledgement hereto and return to me via facsimile no later than the close ofbusiness on July 2, 2008. Danvers Andover Cambridge Boston 0710212008 12:06 (FAX) P.0021002 If you have any questions, please do not hesitate to contact me. Thank you for your cooperation in this matter. Very our xn Aelmowledged: Peter I_ Hechenbleikner, Town.Mauager Inrr cc: Joanna Ford, Alcoholic Beverages Control Commission ~3 tl ~+n. sre Timothy P. Cahill Treasurer and Receiver General Commonwealth of Massachusetts Department of the State Treasurer Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 Telephone: (617) 727-3040 Fax: (617) 727-1258 Notice of Hearing Busa's Reading Liquors, Inc. d.b.a. Busa's Reading Liquors 345 Main Street Reading, MA 01867 IMa 3UL -3 W 11: 05 Eddie J. Jenkins Chairman You are hereby notified that a hearing will be held by, the Commission at 239 Causeway Street, 1" Floor Boston, MA on: Wednesday, August 6, 2008 at 11:30 A.M. APPEAL FROM THE ACTION OF THE LICENSING BOARD OF THE TOWN OF READING IN SUSPENDING THE LICENSE OF BUSA'S READING LIQUORS, INC. D.B.A. BUSA'S READING LIQUORS FOR A PERIOD OF 2 DAYS AND PLACEMENT OF A PLACARD ON THE PREMISES DURING THE SUSPENSION PERIOD. Hearings ate held pursuant to M.G.L. Ch.138, Ch. 30A and 801 Code of Massachusetts Regulations, §1.02 and §1.03. You may appear on your own behalf or with your attorney. Hearings are tape-recorded. Pursuant to M.G.L. Ch.30A, §11 (6) written transcripts will be furnished, if requested, in writing with tender of payment. You may arrange for your own stenographer. Reports, if any, concerning the violations charged may be examined and copied at the Commission's office. All motions regarding this matter ate requested to be filed with the Commission at least fourteen (14) days prior to the day of hearing. A copy of any motion filed with the Commission shall be served on any opposing party at the time of the filing of the motion with the Commission. NOTE: It is important that licensees and those interested in this matter attend the heating to present evidence and testimony. The Commission, in some cases, has the power to suspend, modify, revoke or cancel licenses. You are further notified that all parties and/or (heir counsel are required to submit a joint pre-hearing memorandum to the Commission within twenty (20) days of receipt of this notice. The pre-hearing memorandum must be submitted in hard copy. The pre-heating memorandum must be signed by all of the parties and/or their counsel and contain the following: 1) agreed upon issues of fact to be submitted to the ABCC on the record of the hearing 2) contested issues of facts and the position of the patties on those issues of facts 3) agreed issues of law 4) contested issues of law and the positions of the parties on those issues 5) the name and address of each witness to be called by each patty V 6) a summary of the facts to which each witness is anticipated to testify 7) exhibits the parties agree may be introduced at trial (marked with sequential numbers for the appellant/petitioner/licensee/taxpayer group and with sequential letters for the appellee/respondent/Local Board/licensee). 8) the name, addresses and qualifications of each expert and the matter on which the expert is expected to testify, the substance of all facts and opinions to which the expert is expected to testify, and a detailed summary of the grounds of each expert's opinion. The failure to list in the pre-hearing memorandum a witness or exhibit, other than a rebuttal witness or exhibit, the need for which cannot reasonably be anticipated prior to hearing, may lead to a Commission order precluding the introduction at hearing of the omitted testimony or exhibit. Greater specificity or supplementation of the pre-hearing memorandum may be required by the Commission. A continuance must be requested in writing to the Commission no less then three (3)-business days prior to the hearing date. The party requesting the continuance must notify all parties (if more than one) involved. All parties must agree for the continuance to be approved. Dated at Boston, Massachusetts this Vt day o y 2008. EJi/if cc: Lynn Licensing Board Michael E. Rubin, Esq. File -r _ . IS SELECTMEN'S LIAISON ASSIGNMENTS - FY09 Accounting Department I Anthony Community Services Department ➢ Board of Appeals I Schubert ➢ Cities for Climate Protection Program Committee ( Anthony ➢ Community Planning and Development Commission / MAPC I Tafoya ➢ Conservation Commission ( Schubert ➢ Economic Development Committee I Bonazoli ➢ Historical Commission I Tafoya ➢ Board of Health (Tafoya ➢ Constable ( Goldy ➢ Council on Aging / Mystic Valley Elder Services ( Goldy ➢ Trails Committee I Bonazoli Finance Department ➢ Board of Registrars I Goldy ' ➢ Trust Fund Commissioners I Anthony ➢ Board of Assessors I Goldy ' ➢ Reading Telecommunications and Technology Advisory Committee (T-TAC) I Goldy ➢ Finance Committee I Goldy ➢ Land Bank Committee ( Goldy Housing Authority I Schubert Library Department j Tafoya ➢ Cultural Council Department of Public Safety ( Anthony ➢ Human Relations Advisory Committee ➢ Police Department ➢ Fire Department Department of Public Works I Bonazoli ➢ Board of Cemetery Trustees ➢ MWRA ➢ Town Forest Committee ➢ Recreation Committee ➢ Downtown Steering Committee I Reading Municipal Light Department I Schubert School Department I Goldy 9 BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS 01609 GARY S. BRACKETT 508-799-9739 OF COUNSEL JUDITH A. PICKETT Fax 508-799-9799 ELAINE M. LUCAS JAMES T. MASTERALEXIS STEVEN C. FLETCHER* WINCHESTER OFFICE ELLEN CALLAHAN DOUCETTE 165 WASHINGTON STREET HEATHER W. KINGSBURY WINCHESTER, MASSACHUSETTS 01890 JASON D. GROSSFIELD 781-729-1500 Fax 781-729-5444 M. YVONNE GONZALEZ** E-Mail: ECDoucette@BrackettLucas.com *Also Admitted in ME and CO **Also Admitted in CT RESPOND TO WINCHESTER OFFICE July 7, 2008 VIA ELECTRONIC MAIL Board of Selectmen Town Hall 16 Lowell Street Reading, MA 01867 Re: Busa's Readina Liquors, Inc. - Reauest for Stav of License Suspension To the Board: As a preliminary matter, I apologize to the Board for being unavailable for its meeting on this issue as I must attend a previously scheduled meeting in another community. Busa's Reading Liquors, Inc. (`Busa") is requesting that the Board of Selectmen, in its capacity as the local licensing authority, stay the two day license suspension imposed as a result of the Board's determination that Busa violated M.G.L. c.138, §34, sale or delivery of alcoholic beverages to a person under the age of 21 years, pending resolution of it's (Busa's) appeal to the Alcoholic Beverage Control Commission ("ABCC"). The ABCC has scheduled a hearing on this appeal for August 6, 2008. Unlike the suspension of a § 12 license which is automatically stayed pending the outcome of the appeal to the ABCC, there is no similar statutory stay when a § 15 license is suspended. In such cases, the general practice is for the licensee to request that the local licensing authority stay the license suspension pending the outcome of the appeal. There are no established standards for the Board to use in determining whether or not it should grant the stay. However, in the event that the Board denies such request, it is likely that Busa will seek a preliminary injunction in the Superior Court against the license suspension and the process used by the Superior Court to determine whether or not it should issue the injunction to stay the suspension may be of some assistance to the Board in this regard. In order to obtain a preliminary injunction, Busa must demonstrate to the court that: it (Busa) will suffer irreparable harm if the stay is not granted; that it is likely to prevail on the merits of the appeal; that the public interest will not be harmed if the stay is granted; and that the harm to the town will not be greater if the injunction is granted, than if it is denied. "Irreparable harm" has been defined as "a loss of rights that cannot be vindicated should [the party] prevail after a full hearing on the merits." As applied to the suspension of Busa' license, you will likely hear the argument (as will the court if the request for a stay is denied) that irreparable harm will occur, i.e., a loss of two days business that will never be regained, if the suspension is served before the ABCC hearing and if Busa prevails before the ABCC. As to the likelihood of success on appeal, please be advised that the ABCC will hear this matter de novo, i.e., the evidence will be presented and the ABCC will make its own findings of fact. The ABCC will decide whether or not the Board made errors of law or abused its discretion thus resulting in an arbitrary and capricious decision. Based upon this standard of review and the factual circumstances that will be presented to the ABCC, I am confident that the Board's decision will be upheld. Notwithstanding my confidence in the Board's decision making, in considering whether or not to issue the injunction, the Superior Court will also evaluate whether or not there is a risk of harm to the Town of Reading should the injunction be granted and the ABCC uphold the Board's suspension thus resulting in the imposition of the penalty at a future date rather than on July 14-15. Thank you for your attention to the above. Very truly yours, Ellen Callahan Doucette ECD/sjs 9.10.N-IN SHEET FOR..THE BOARD OF SELECTMEN MEETING DATE: l ,qR v"~ r1 P.~ NAME ADDRESS (Please print) c- L) fw, ALv V • ~1 t`.~1(~.. ~~2c,C,Q ~ ~~~ca~l Ate.--~ 4LI Aoliev c a 3 (ce C /IVC r 0 olta co THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING AMY VICKERS + ~i~le 14»ast41t 0E0be Putting a cap on the bottled water industry By Amy Vickers ( July 7, 2008 OVER A half-billion dollars of Massachusetts' taxpayer money will be spent this year on clean drinking water program loans to communities, yet Beacon Hill has been strangely silent about - and invested not one penny in defense of - small- and often low-income rural towns that stand alone against what many see as a threat to their drinking water supplies: Swiss-based Nestle Waters. Nestle, the old candy company that once spawned an international boycott of its products for proffering cheap infant formula as better than mother's milk to women in developing countries, now profits from what many say is sullying another sacred solution: the bottling of pristine waters. It may soon do this in some of the state's most water-stressed and fragile communities. For more than a year, Nestle and its well drillers, technical consultants, and lawyers have been quietly surveying the profit potential in the few remaining unspoiled springs and aquifers in Central and Western Massachusetts. In its attempts to strike blue gold, the firm has aggressively pursued water extraction deals that have many locals seeing red. Two recent efforts by Nestle to pursue pumping operations in small towns illustrate why withdrawals for commercial water bottling operations in our state pose unacceptable risks, not only to local drinking water supplies, but also to such natural assets as fisheries and conservation land. Last summer, Montague residents halted - at least for now -Nestle's pursuit of the spring water beneath Montague Plains, a state wildlife management area that also recharges critical ground water for a state fish hatchery and the local wells on which many homes and farms depend. This spring, after considerable public outcry, Clinton town officials appeared to have finally rejected Nestle's bid to extract and export up to a quarter-million gallons of spring water a day - equal to 4 million servings of some of the cleanest drinking water in the state - from the nearly 600-acre Wekepeke Reservation land that Clinton owns in the town of Sterling. The offer posed several legal issues, not least the fact that Clinton's 19th-century water rights to the Wekepeke are for surface water - not spring water - and only for town public water supply needs. Clinton stopped using Wekepeke water in the 1960s and the town is now supplied by the Massachusetts Water Resources Authority. Sterling residents, 70 percent of whom rely on the Wekepeke for ground water to supply their home wells, were incensed and asked why another town would have the right to literally sell the water beneath their feet for global export to the highest bidder. Since when has Massachusetts enjoyed a surplus of pristine drinking water supplies that multinational firms, not Bay State citizens, are considered more deserving to receive? The state classifies 70 percent of state river drainage basins as "flow- stressed." Since when have they been restored to such good health that we now have a surfeit of naturally clean freshwater ready for shipping to bottle-chugging out-of-staters - and this in an era in which we face unprecedented global warming, increased agricultural irrigation needs, and worsening water pollution, which requires skyrocketing treatment costs? Leaders in government, business, religious, and spiritual movements across America are increasingly rejecting bottled water because of its indefensible environmental costs. It is time that this state also calls a halt to the aggressive intrusions of the bottled water industry into the vulnerable water sources that supply small-town homes, farms, and public conservation lands. The Legislature should place an immediate statewide moratorium of at least two years on new bottled water extractions along with a cap on existing withdrawals. In the meantime, an assessment of the state's available water supplies and needs - coupled with long-term climate change forecasts - must be made. Further, a statewide law must be enacted that affirms that the waters of Massachusetts shall be protected in perpetuity for its inhabitants, first and foremost, and that communities and aquifer protection areas may ban out-of- state water exports. Unless it can be proven that Massachusetts has water to spare, there is no time to waste in stopping the bottled water industry from draining our most prized and irreplaceable sources of clean drinking water. Amy Vickers, who lives in Amherst, is an engineer and water conservation consultant.