The first item is background for the Selectboard prepared by interim Town Manager Rod Francis. The wording of the town's rule follows. The translation from PDF to this page is a little clunky, so for best results, hit the link on the next line.
TO: Selectboard FROM: Rod Francis, lnterim Town Manager RE: Municipal Mask Mandate DATE: December 2,2027
Background Governor Scott signed a bill on November 23, 2O2t allowing towns to adopt indoor mask mandates. ln the time since a number of Vermont communities have adopted such mandates, including Burlington, Brattleboro, and Warren. Several other towns have indicated that the topic is likely to be discussed at upcomingSelectboard meetings. ln the Upper Valley Hanover and Lebanon already have indoor mask mandates.
Vermont is experiencing a surge in infections due to the Delta variant; in Windsor County hospitalizations have increased 48 percent in the past 14 days and the test positivity rate has averaged five percent over the past 14 days. ln Grafton County, NH hospitalizations have increased 34 percent in the past 14 days and test positivity has averaged two percent over the past 14 days. Both counties are identified as having "extremely high" case rates (New YorkTimes Covid Tracker 72/2/2021).
The Marion Cross School has experienced recent surges in infections resulting in quarantining of several classes. ln response to these factors Tracy Hall has been closed to the public except by appointment. Physical access to publicly warned meetings on the Zoom platform has been arranged through the provision of a public access kiosk (computer terminal) with a public body member on-site at Tracy Hall for the duration of a publicly warned meeting to ensure compliance with Vermont Open Meeting Law (OML) provisions.
Most residents in Norwich operate in a market area that takes in the towns of Norwich, Hartford, Hanover and Lebanon to access education, employment, medical and retail services. Many of the people that work in Norwich commute in from these towns or the wider Upper Valley area. Strategies such as mandating mask wearing indoors in public places within the Upper Valley region reduce covid-19 spread.
Provisions of the Legislation Act 1 signed into law on November 23,202I expires on April 30,2022, it provides that any rule adopted by a municipality under the Act expires after 45 days following its initial adoption, the municipality may vote to either extend the rule for 30 days or rescind the rule, and thereafter the legislative body is required to reconsider the rule every 30 days. Any rule adopted under Act 1 takes effect upon adoption and is not subject to a petition for permissive referendum (voters cannot block passage of this rule by using a petition to force a town-wide vote on the measure). School property is exempt from these provisions, school boards have sole authority to set mask wearing rules. Municipalities can identify other exemptíons, for example Burlington excludes places of worship.
Enforcement Many observers, including public health experts, have noted that this Act places the burden of mask mandate enforcement on local communities with limited to no enforcement resources. VLCT has prepared model rule language in two forms, one without an enforcement component and one with enforcement whereby the town or city would take civil action through the Vermont Judicial Bureau and establish a schedule of fines to be imposed for non-compliance. Brattleboro and Burlington rules do not include enforcement provisions.
Having a mandate without enforcement provisions, still allows customers and visitors to request staff and others wear masks as required. The mandate also allows froniline workers in retail establishments and other public venues to ask customers/visitors to adhere to the mandate and/or their managers to support them with this request. A mandate may add some 'cover' to all parties seeking better adherence to clearly stated Centers for Disease Control (CDC) guidance. ln addition, the mandate may act as a reminder to people that appropriate, respectful behavior in indoor public settings includes wearing a mask. lt is a questíon for the Board as to which type of rule they may seek to adopt.
Other rule attributes to consider Some legislation is drafted to include explicit justifications for the law, with reference to the publíc interest(s) being served. The Brattleboro and Burlington rules take this approach, tying the mandate to the prevalence of covid-19 and the CDC guidance regarding mask wearing indoors. The model language from VLCT does not take this approach. The draft rule language inðluded here was informed by Burlington and the VLCT model language (non-enforcement version). The rule places emphasis on a data-driven approach to the question of either suspending or rescinding the rule. The rule has been reviewed by Town legal counsel.
Suggested Motion: To adopt the Norwich Face Covering Rule effectíve December 1O, 2021 to April 3O, 2022.
TOWN OF NORWICH, VERMONT
RULE REQUIRING WEARING FACE COVERINGS INDOORS IN PUBLIC SPACES
Section L. Authority This Rule is adopted by the Selectboard of the Town of Norwich under authority of Act 1 of the 2021 Special Session, "an act relating to temporary municipal rules in response to covid-19."
Section 2. Purpose The purpose of this Rule is to require all persons to wear face coverings while indoors at locations that are open to the general public to prevent and mitigate the spread of covid-I9 and . protect the public health and safety of the Town of Norwich.
13 Section 3. Definitions 1.4 For the purpose of this Rule:
"Face Covering" means any cloth or tightly woven fabric that can be worn on a person's face, over their nose and mouth, and that substantially complies with the CDC's recommended guidance for masks, such as surgical masks, N95 respirators, double-layer cloth gators, or any similar mask that fits snugly around the nose and chin, has multiple layers andlor inner filter pockets, and does not let light through when held up to a light source.