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Date: 5/7/2020
WILBRAHAM – The way in which an order by Gov. Charlie Baker requiring people who cannot socially distance themselves from others to wear a mask in public will be enforced was discussed by the Wilbraham Select Board on May 4.
“I’m assuming that our residents will be cooperating with this order,” Board of Health Agent Lori McCool said. McCool explained that any “facial covering” over the mouth and nose is acceptable and must be worn in public only if social distancing is not possible. She also said children under 2 years of age were exempt as well as those with a medical condition.
Town Attorney Steven Riley described the medical exemption as “extremely broad” and said the person is not required to explain or provide proof of the condition.
As written in the order, the health agent can write a ticket or request the help of the police in enforcing the order. Wilbraham Police Capt. Ed Lennon said that he was concerned about “strong opinions” when being called for alleged violations. He said he expects people may challenge the mask order more than past orders related to COVID-19.
Select Board Member Robert Boilard asked Lennon how enforcement would look. Lennon said the primary avenues of enforcement will be education, assistance and voluntary compliance.
If the situation were to escalate, Lennon said there were two possibilities. If the select board wished, they could vote to allow such incidents to be treated similar to a civil by-law violation and punishable by a $300 ticket. Outside of that, the police have the ability to issue a warning or to arrest someone for disorderly conduct or trespassing if they do not comply when an establishment asks them to leave.
“I don't want to ticket our citizens $300 for not wearing a stupid mask,” Boilard said.
Police Chief Robert Zollo addressed Boilard, “With all due respect Mr. Selectmen, this is from the governor.” Zollo said the police department wouldn’t be ticketing people to raise revenue and the first option will always be to ask people to put on a mask.
“Our goal is not to issue any civil tickets,” Lennon said but added it could be an intermediate step before escalating it to a criminal charge.
“A criminal trespass charge is a much higher bar than a $300 ticket,” Select Board Chair Susan Bunnell pointed out.
Boilard countered, “But they learn much quicker, don’t they Sue?”
Select Board Member Robert Russell said his biggest concern was putting McCool in a dangerous situation, while Boilard said he was concerned about “frivolous” calls.
“I have a lot of confidence in our residents,” Russell said and suggested they hold off on the civil violation vote, to which the other board members agreed.
In the meantime, McCool and Public Heath Nurse Jill Consolino are working on a public service announcement for the town's website to educate residents.
The town meeting warrant was finalized with 49 articles, including 29 for the consent agenda, two zoning bylaw changes and 10 community preservation articles. There are also two petition articles, one which would select Memorial School as the site for the future Senior Center and another that would designate the structure as a historical building honoring veterans.
Town Administrator Nick Breault reminded the board that the town meeting is scheduled for June 15, although the town moderator would have the ability to push the meeting out another 30 days.
The town election is scheduled June 22. Absentee ballots and early voting are options.
While Fire Chief Michael Andrews reported that emergency calls for COVID-19 are slightly reduced, Consolino said there were 52 active cases of COVID-19 in town, 36 of which originated at the Vero and Life Care nursing homes.
Due to COVID-19, there will be no Memorial Day service. Instead, Director of Veterans Services Jared Sasen asked that residents decorate their doors and windows from May 25 through May 30.