Government Operations Committee Wednesday, September 8, 2021 @ 5:15 PM - City of Bangor
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Government Operations Committee
Wednesday, September 8, 2021 @ 5:15 PM
may immediately follow other Committee meetings
City Council Chambers & via Zoom
Agenda
1. Council Resolve – Authorizing City Manager to Execute a Revised Memorandum of
Understanding with the Bangor Area Recovery Network to Receive Up to $10,000 from
State of Maine Overdose Response Pilot Grant
Staff recommend approval.
2. Proposed Ordinance Discussion: Flavored Tobacco Products
Staff seeks direction from the Committee.
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CITY OF BANGOR ORDER 09/27/2021
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Authorizing the City Manager to Execute a Revised Memorandum of Understanding with the Bangor Area
Recovery Network to Receive Up to $10,000 from the State of Maine Overdose Response Pilot Grant to
Employ a Recovery Coach to Support the Project.
Be it Ordered by the City Council of the City of Bangor that, the City Manager is authorized to execute a
revised memorandum of understanding with Bangor Area Recovery Network in the amount of up to $10,000
from the state of Maine-funded Overdose Response Pilot grant to employ a recovery coach to support the
project.Updated 8 31 2021 – original MoU approved by council May 2021
Updated 2021 Memorandum of Understanding
OPTIONS Overdose Response Team Pilot Grant
Between City of Bangor Public Health and Community Services (BPHCS)
and the Bangor Area Recovery Network (BARN)
THIS AGREEMENT is by and between City of Bangor Public Health and Community Services (BPHCS) and Bangor Area
Recovery Network (BARN), located at 142 Center St., Brewer Maine, for the period of May 1-December 31, 2021. All
funding is subject to BPHCS receiving funding through the Penobscot County OPTIONS Overdose Response Team Pilot
State of Maine Grant (ORT).
I. AGREEMENT SUMMARY
Funds are provided under this agreement to allow BPHCS and BARN to work collaboratively on the Penobscot County
OPTIONS Overdose Response Team Pilot Project (ORT). The Overdose Response Team Pilot Project, in collaboration
with CHCS OPTIONS SUD Liaison Program, will provide follow up for individuals who have experienced an overdose.
BARN will provide a recovery coach, to participate for up to 8 hours per week, on the OPTIONS Penobscot County
Overdose Response Team Project.
The follow up team, made up of an SUD licensed counselor, trained recovery coaches and first responders, will provide
post overdose support and resources to enter recovery, reduce risks through harm reduction services and/or meet basic
needs to find stability. This project also includes collaboration with additional partners, including Community Health &
Counseling Services(CHCS), Together Place Peer Recovery Center, Bangor PD, Health Equity Alliance of Maine (HEAL) and
other first responder, treatment and social service organizations.
Roles & Responsibilities:
II. Bangor Area Recovery Network (BARN) agrees to:
a) Employ a recovery coach for 8 hours per week, to participate on the Overdose Response Team (ORT).
a. BARN will be reimbursed for the ORT Recovery coach’s hours, at $14.25 per hour
b) Provide payment and office space (as necessary) to BARN ORT recovery coach
c) Ensure ORT recovery coach track ORT related data & information required by the OPTIONS grant.
d) Track and report ORT recovery coach hours and related expenses, and submit monthly invoices for payment to
BPHCS. Allowable expenses include:
a. recovery coach ORT related hours (8 hours per week)
b. mileage reimbursement for ORT visits and related activities
III. Bangor Public Health & Community Services (BPHCS) agrees to:
a) Coordinate and administer all state grant expectations, including monthly and quarterly state grant budgeting,
reporting and management.
b) Provide payment to BARN in response to monthly invoices submitted by BARN. Allowable expenses include:
a. recovery coach ORT related hours ((8 hours per week)
b. mileage reimbursement for ORT visits and related activities
2021 MOU OPTIONS Overdose Response Team Grant BARN & BPHCS p. 1 of 2Updated 8 31 2021 – original MoU approved by council May 2021
IV: Roles & Responsibilities for both organizations:
a) Ensure ORT recovery coach participates in required trainings, including CCAR trainings.
b) Ensure ORT recovery coach participates in monthly coacher-vision and team supervision
c) Participate, along with other organizations, with ORT planning, implementation, evaluation and reporting
V. Updated 2021 AGREEMENT AMOUNT: Up to $10,000
a. $8,800 for Recovery Coaching ORT related activities ($14.25 per hour up to 20 hours per week)
b. $200 for mileage reimbursement (@ $0.45 per mile and/or bus passes)
c. $1000 administrative, payroll and supervision related costs
VI. MOU AND PAYMENT
a) In response to submitted invoices by BARN, BPHCS shall reimburse monthly, via mail to 142 Center St. Brewer,
Maine 04412.
VII. CONTACTS and SIGNATURES
BARN: Board of Directors Chair CITY: City Manager:
142 Center St. 73 Harlow Street,
Brewer, ME 04412 Bangor, ME 04401
_________________________________________ _________________________________________
BARN Board Chair City Manager
Date: ________________ Date: ________________
2021 MOU OPTIONS Overdose Response Team Grant BARN & BPHCS p. 2 of 2MEMO
To: Government Operations Committee
From: Courtney O’Donnell, Assistant City Manager
CC: Debbie Laurie, Interim City Manager
Josh Saucier, Assistant City Solicitor
Date: Sept. 3, 2021
RE: Ending the Sale of Flavored Tobacco Products Ordinance
This item is coming before Government Operations to initiate discussion over potentially prohibiting or
ending the sale of flavored tobacco products via Ordinance. This request was brought to Committee
Chair Nichols by Matt Moonen of EqualityMaine. If desired, the Committee can refer the item to full
Council.
As you know, in February 2021, the City Council issued a Proclamation opposing the sale of flavored
tobacco products and supporting the Flavors Hook Kids Maine Campaign. Since then, LD 1550, An Act to
End the Sale of Flavored Tobacco Products, has gone before the House and has since been carried over
to the next session. Jamie Comstock, Health Promotion Manager, for our Public Health Department
testified in support of this bill Friday, May 7, 2021. It remains unknown whether or not it will pass at the
State level, hence the request for local action.
I have included materials with additional information that I thought you may find useful. A draft has
been provided Mr. Moonen as a starting point for discussion (we thank him for that). It has been
amended slightly but please keep in mind that a more thorough, in-depth review will be necessary by
our legal department.
Attachments:
Proclamation
LD 1550
LD 1550 Testimony on behalf of City of Bangor
Draft Ordinance & Additional Information provided by Matt Moonen of Equality Maine130th MAINE LEGISLATURE
FIRST SPECIAL SESSION-2021
Legislative Document No. 1550
H.P. 1155 House of Representatives, April 22, 2021
An Act To End the Sale of Flavored Tobacco Products
Received by the Clerk of the House on April 20, 2021. Referred to the Committee on
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MEYER of Eliot.
Cosponsored by Senator DAVIS of Piscataquis and
Representatives: DUNPHY of Old Town, MILLETT of Waterford, MILLETT of Cape
Elizabeth, PIERCE of Falmouth, TALBOT ROSS of Portland, ZAGER of Portland, Senators:
BALDACCI of Penobscot, President JACKSON of Aroostook.
Printed on recycled paper1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 22 MRSA §1551, sub-§1-D, as enacted by PL 2017, c. 308, §1, is amended
3 to read:
4 1-D. Electronic smoking device. "Electronic smoking device" has the same meaning
5 as in section 1541, subsection 1‑A means any device that may be used to deliver any
6 aerosolized or vaporized substance to the person inhaling from the device, including, but
7 not limited to, an electronic cigarette, electronic cigar, electronic pipe, vape pen or
8 electronic hookah. "Electronic smoking device" includes any component, part or accessory
9 of the device and also includes any substance that may be aerosolized or vaporized by that
10 device, whether or not the substance contains nicotine. "Electronic smoking device" does
11 not include drugs, devices or combination products authorized for sale by the United States
12 Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and
13 Cosmetic Act.
14 Sec. 2. 22 MRSA §1551, sub-§1-E is enacted to read:
15 1-E. Flavored tobacco product. "Flavored tobacco product" means any tobacco
16 product that imparts a taste or smell, other than the taste or smell of tobacco, that is
17 distinguishable by an ordinary consumer either prior to or during the consumption of a
18 tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol,
19 mint, wintergreen, chocolate, cocoa, vanilla, honey or any candy, dessert, beverage, herb
20 or spice.
21 Sec. 3. 22 MRSA c. 262-A, sub-c. 5, as amended, is amended by amending the
22 subchapter headnote to read:
23 SUBCHAPTER 5
24 FLAVORED CIGARS TOBACCO PRODUCTS
25 Sec. 4. 22 MRSA §1560-D, as amended by PL 2011, c. 380, Pt. II, §2, is repealed.
26 Sec. 5. 22 MRSA §1560-E is enacted to read:
27 §1560-E. Flavored tobacco products
28 1. Prohibition on sale or distribution of flavored tobacco products. A tobacco
29 retailer may not sell or distribute or offer to sell or distribute in this State any flavored
30 tobacco product. A public statement or claim made or disseminated by the retailer or
31 manufacturer of a tobacco product, or by a person authorized or permitted by the retailer
32 or manufacturer to make or disseminate public statements concerning a tobacco product,
33 that a tobacco product has or produces a taste or smell other than tobacco constitutes
34 presumptive evidence that the tobacco product is a flavored tobacco product.
35 2. Violation. A tobacco retailer who violates this section commits a civil violation for
36 which a fine may be imposed under subsection 3.
37 3. Fines. The fines that apply to violations of this section are as set out in this
38 subsection.
Page 1 - 130LR1006(01)1 A. A tobacco retailer who violates subsection 1 commits a civil violation for which a
2 fine of $1,000 may be adjudged.
3 B. A tobacco retailer who violates subsection 1 after having previously been convicted
4 of a violation of that subsection commits a civil violation for which a fine of $5,000
5 may be adjudged.
6 SUMMARY
7 This bill prohibits the sale and distribution of flavored tobacco products, including
8 flavored cigars and electronic smoking devices.
Page 2 - 130LR1006(01)[DRAFT] TOBACCO AND NICOTINE FLAVORS ORDINANCE
Definitions
“City” means the City of Bangor, Maine.
“Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized
substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-
pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of
the device, and also includes any substance that may be aerosolized or vaporized by such device,
whether or not the substance contains nicotine. Electronic smoking device does not include drugs,
devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those
terms are defined in the Federal Food, Drug, and Cosmetic Act.
“Flavored tobacco product” means any tobacco product that imparts a taste or smell, other than the
taste or smell of tobacco, either prior to, or during the consumption of, a tobacco product, including, but
not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla,
honey, or any candy, dessert, alcoholic beverage, herb, or spice.
“Retailer” means an entity that sells tobacco products to consumers in the City.
"Tobacco product" means:
1) Any product containing, made of, or derived from tobacco or nicotine that is intended for
human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any
other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco,
snuff, or snus;
2) Any electronic smoking device and any substance that may be aerosolized or vaporized by such
device, whether or not the substance contains nicotine; or
3) Any component, part, or accessory of 1) or 2), whether or not any of these contains tobacco or
nicotine, including, but not limited to, filters, rolling papers, blunt or hemp wraps, hookahs,
flavor enhancers, or pipes.
“Tobacco product” does not mean:
(1) Drugs, devices, or combination products authorized for sale by the U.S. Food and Drug
Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act; or
(2) Any product containing cannabis, as defined by Chapter 165, § 165-13, of this Code, unless these
products contain, are made of, or are derived from tobacco or nicotine.
Sale of Flavored Tobacco Products Prohibited
No retailer shall sell or offer for sale any flavored tobacco product, or display, market, or advertise for
sale in this City any flavored tobacco product.
Enforcement, Violations, and PenaltiesThe City Manager or his/her designee(s) shall have the primary responsibility for enforcement of this
chapter. If the City Manager or his/her designee(s) determine(s) that a violation of this chapter has
occurred, he/she shall issue a written warning giving notice to the retailer that a violation has occurred.
Subsequent violations of this chapter shall be subject to the penalties set forth below.
Violations of this chapter shall be punishable by administrative fines, levied against the retailer, as
follows:
1. A fine not less than $50 nor more than $100 for the first violation in a 24 month period;
2. A fine not less than $300 nor more than $1,000 for the second and each subsequent
violation in a 24 month period.
Effective Date
This chapter shall become effective on January 1, 2022.
Severability
The provisions of this chapter are severable. If any provision of this chapter or its application to any
circumstances, is held invalid, such invalidity shall not affect the validity or enforceability of the
remaining provisions, or their application to other circumstances. The remaining provisions shall be
given effect to the maximum extent possible.
DRAFT 9.3.21RESOLUTION PROTECTING YOUTH FROM FLAVORED TOBACCO PRODUCTS WHEREAS, Bangor, Maine has a substantial interest in protecting the health and safety of its residents, including the youth of the community, from dangerous products such as tobacco; WHEREAS, tobacco use remains a significant public health problem and impediment to health equity in Bangor, Maine and the United States; WHEREAS, tobacco use remains the leading cause of preventable death in the U.S., killing more than 480,000 Americans each year, including 2,400 in Maine; WHEREAS, according to the Surgeon General, nicotine can harm the parts of the adolescent brain responsible for attention, learning, mood and impulse control, and can prime the brain for addiction to other drugs; WHEREAS, menthol cigarettes and other flavored tobacco products have been shown to be “starter” products for youth who begin using tobacco and these products help establish tobacco habits that can lead to long-term addiction; WHEREAS, eight out of ten youth who have ever used a tobacco product initiated with a flavored product; WHEREAS, the growing market for flavored tobacco products is undermining the nation’s overall progress in reducing overall youth tobacco use, which is at the same level as it was a decade ago; WHEREAS, the U.S. Surgeon General declared youth e-cigarette use an “epidemic” in 2018; WHEREAS, high school e-cigarette use nearly doubled in Maine from 2017 to 2019, from 15.8% to 30.2%; WHEREAS, 19.6% of U.S. high school students and 4.7% of U.S. middle school students—3.6 million youth—are current e-cigarette users; WHEREAS, e-cigarette use remains at epidemic levels, despite declining in 2020. From 2017 to 2019, e- cigarette use more than doubled among high school students and more than tripled among middle school students; WHEREAS, nearly 40% of U.S. high school e-cigarette users are frequent users, an indicator of addiction; WHEREAS, e-cigarettes are available in over 15,000 flavors including kid-friendly flavors like cotton candy, gummy bear and pink lemonade; WHEREAS, 82.9% of youth e-cigarette users use flavored products; WHEREAS, 70% of youth e-cigarette users say they use e-cigarettes “because they come in flavors I like”; WHEREAS, youth e-cigarette use is associated with an increased risk for cigarette smoking; WHEREAS, cigars are the second most popular tobacco product among youth and are disproportionately used by Black youth;
WHEREAS, cigars are sold in over 250 flavors—like Banana Smash, Chocolate Brownie and Cherry Dynamite—that attract youth and mask the harsh taste of tobacco; WHEREAS, each day, more than 1600 kids in the U.S. try their first cigarette; WHEREAS, menthol, in particular, cools and numbs the throat and reduces irritation, making menthol cigarettes an appealing option for youth who are initiating tobacco use; WHEREAS, the U.S. Food and Drug Administration has concluded that menthol cigarettes lead to increased smoking initiation among youth and young adults, greater addiction, and decreased success in quitting smoking; WHEREAS, about half of high school smokers use menthol cigarettes; WHEREAS, the tobacco industry has targeted African American communities for decades with marketing for menthol cigarettes through sponsorship of community and music events, targeted magazine advertising, and retail promotions; WHEREAS, 85 percent of all Black smokers smoke menthol cigarettes; WHEREAS, each year, approximately 45,000 African Americans die from a smoking-caused illness; WHEREAS, parents, schools, students and public health organizations , including the American Cancer Society Cancer Action Network, American Lung Association, American Heart Association, the Campaign for Tobacco-Free Kids, Bangor Public Health & Community Services, U.S. PIRG, Healthy Communities of the Capital Area, Maine Chapter of the American Academy of Pediatrics, Maine Public Health Association, Out Maine, Be the Influence, Access Health, Maine Medical Association, Brunswick Area Teen Center, AMHC, Healthy Acadia, Maine Association for Health, Physical Education, Recreation, and Dance, Midcoast Youth Center, Sagadahoc County Board of Health, Equality Maine, Maine Children’s Alliance, River Valley Rising, Consumers for Affordable Health Care, MaineHealth, Maine Recreation & Park Association, The Center for Black Health & Equity, Westbrook Partners for Prevention, Healthy Androscoggin, Central Maine Healthcare, and Partnership for Children’s Oral Health support prohibiting the sale of all flavored tobacco products. Provided by Matt Moonen, EqualityMaine
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