City Council

City Council Meeting Agenda August 18, 2025 Auburn Hall, Council Chambers There will be no 5:30PM Workshop. 7:00 PM Meeting Pledge of Allegiance & Roll Call - Roll call votes will begin with Councilor Gerry I. Consent Items – All items with an asterisk (*) are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or a citizen so requests, in which event, the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Passage of items on the Consent Agenda requires majority vote. 1) ORDER 70-08182025* – Appointing Jennifer Eugley to the Homelessness Committee, representing an organization providing respite services in the city, for a term that expires 08/31/2028. 2) ORDER 71-08182025* – Appointing Rebecca Austin to the Homelessness Committee, representing an organization providing shelter services in the city, for a term that expires 08/31/2028. 3) ORDER 72-08182025* – Appointing Dawn Comeau to the Homelessness Committee, representing an organization providing housing services in the city, for a term that expires 08/31/2028. 4) ORDER 73-08182025* – Appointing Thomas Lee Hibbert to the Homelessness Committee, representing an organization providing addiction services in the city, for a term that expires 08/31/2028. 5) ORDER 74-08182025* - Appointing Angela Blier to the Homelessness Committee, representing an organization providing mental health services in the city, for a term that expires 08/31/2027. 6) ORDER 75-08182025* - Appointing Rev. George Sabin Sheats to the Homelessness Committee, representing an organization providing veteran services in the city, for a term that expires 08/31/2027. 7) ORDER 76-08182025* - Appointing Cecilia Natale to the Homelessness Committee, representing an organization providing health care services in the city, for a term that expires 08/31/2027. Page 1 of 2  8) ORDER 77-08182025* - Appointing David Bilodeau to the Homelessness Committee, as a resident member, for a term that expires 08/31/2026. 9) ORDER 78-08182025* - Appointing Bill Lowenstein to the Homelessness Committee, as a resident member, for a term that expires 08/31/2026. 10) ORDER 79-08182025* - Appointing Timothy Cowan to the Homelessness Committee as city councilor representative. 11) ORDER 80-08182025 – Casting Auburn’s ballot for the MMA Executive Committee (Vice President & three committee seats). Passage requires majority vote. II. Minutes – August 4, 2025, Regular Council Meeting III. Communications, Presentations and Recognitions • Volunteer of the Season, Kayla Thoits – Recreation Department IV. Open Session – Members of the public are invited to speak to the Council about any issue directly related to City business or any item that does not appear on the agenda. V. Unfinished Business 1) ORDINANCE 04-08042025 – Amending Chapter 14, “Business Licenses and Permits”, Sec. 14-658(e) to remove “Application and license fees”. Passed first reading August 4, 2025. Second reading/public hearing. ROLL CALL VOTE. Passage requires majority vote. VI. New Business 1) ORDINANCE 05-08182025 – Amending Chapter 12, “Housing”, to add Article V, “Vacant and Abandoned Buildings”. First reading. ROLL CALL VOTE. Passage requires majority vote. 2) ORDINANCE 06-08182025 – Adopting a 180 day moratorium on needle exchange services in the City of Auburn effective August 1, 2025. First reading; may consider a vote to dispense the requirement of a second reading. ROLL CALL VOTE. Passage requires majority vote. VII. Reports a. Mayor’s Report b. City Councilors’ Reports c. Student Representative Report d. City Manager Report VIII. Open Session - Members of the public are invited to speak to the Council about any issue directly related to City business or any item that does not appear on the agenda. IX. Executive Session X. Adjournment Page 2 of 2  City of Auburn City Council Information Sheet Council Workshop or Meeting Date: August 18, 2025 ORDER 70-08182025-ORDER 79-08182025* Author: Emily F. Carrington, City Clerk Subject: Appointments to the City’s Homelessness Committee Information: On July 7, 2025, the City Council passed ORDINANCE 02 and created a permanent Homelessness Committee. Applications to serve on the committee were accepted until August 1, 2025 and the Appointment Committee met on August 12, 2025 to consider 14 applications received by the deadline. For all but the two resident positions there was only one application per category. The only position for which no applications were received was for a resident with homeless lived experience. As prescribed in ORDINANCE, the ex-officio members are also appointed to serve on the committee, and the Mayor has nominated Timothy Cowan to serve as the City Councilor representative. City Budgetary Impacts: N/A Previous Meetings and History: N/A City Manager Comments: Attachments: N/A Page 1 of 1  ORDER 70-08042025 City Council Order IN CITY COUNCIL ORDERED, that Jennifer Eugely be and hereby is appointed to the City’s Homelessness Committee (respite services) for a term that expires 08/31/2028. Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager  ORDER 71-08042025 City Council Order IN CITY COUNCIL ORDERED, that Rebecca Austin be and hereby is appointed to the City’s Homelessness Committee (shelter services) for a term that expires 08/31/2028. Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager  ORDER 72-08042025 City Council Order IN CITY COUNCIL ORDERED, that Dawn Comeau be and hereby is appointed to the City’s Homelessness Committee (housing services) for a term that expires 08/31/2028. Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager  ORDER 73-08042025 City Council Order IN CITY COUNCIL ORDERED, that Thomas Lee Hibbert be and hereby is appointed to the City’s Homelessness Committee (addiction services) for a term that expires 08/31/2028. Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager  ORDER 74-08042025 City Council Order IN CITY COUNCIL ORDERED, that Angela Blier be and hereby is appointed to the City’s Homelessness Committee (mental health services) for a term that expires 08/31/2027. Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager  ORDER 75-08042025 City Council Order IN CITY COUNCIL ORDERED, that Rev. George Sabin Sheats be and hereby is appointed to the City’s Homelessness Committee (veteran services) for a term that expires 08/31/2027. Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager  ORDER 76-08042025 City Council Order IN CITY COUNCIL ORDERED, that Cecilia Natale be and hereby is appointed to the City’s Homelessness Committee (health care services) for a term that expires 08/31/2027. Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager  ORDER 77-08042025 City Council Order IN CITY COUNCIL ORDERED, that David Bilodeau be and hereby is appointed to the City’s Homelessness Committee (resident member) for a term that expires 08/31/2026. Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager  ORDER 78-08042025 City Council Order IN CITY COUNCIL ORDERED, that Bill Lowenstein be and hereby is appointed to the City’s Homelessness Committee (resident member) for a term that expires 08/31/2026. Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager  ORDER 79-08042025 City Council Order IN CITY COUNCIL ORDERED, that Councilor Timothy Cowan be and hereby is appointed to the City’s Homelessness Committee, as nominated by the Mayor. Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager  City of Auburn City Council Information Sheet Council Workshop or Meeting Date: August 18, 2025 ORDER 80-08182025 Author: Emily F. Carrington, City Clerk Subject: Casting Auburn’s Ballot for MMA Executive Committee Information: The City of Auburn is being asked to submit the ballot for the election of Maine Municipal Association (MMA)’s Vice President and Executive Committee members. There is only one candidate running for Vice President and three candidates running for three Executive Committee seats. There is no opportunity for write-in candidates. The ORDER anticipates voting for all candidates as proposed by the MMA Nominating Committee. Upon passage of the ORDER, the City Clerk will complete and return the ballot by the August 29, 2025 deadline. City Budgetary Impacts: N/A Previous Meetings and History: N/A City Manager Comments: Attachments: N/A Page 1 of 1  ORDER 80-08042025 City Council Order IN CITY COUNCIL ORDERED, that the City Clerk is authorized to mark and return the MMA Vice President and Executive Committee member ballot as voted by the municipal officers of the City of Auburn: Vice-President (1 year term) – vote for one: Anthony Ward, Casco Town Manager Executive Committee Members (3 year term) – vote for three: Phil Crowell, Auburn City Manager Suzette Francis, Lubec Town Administrator Marc Leonard, Veazie Town Manager, Chief of Police Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager  IN COUNCIL WORKSHOP & MEETING AUGUST 4, 2025, VOL 38 PAGE 39 Mayor Harmon called the meeting to order at 7:00 P.M. in the Council Chambers of Auburn Hall and led the assembly in the salute to the flag. All Councilors were present. I. Consent Items None II. Minutes – July 21, 2025, Regular Council Meeting Councilor Walker moved for passage, seconded by Councilor Weisner. Motion passed 7-0 III. Communications, Presentations and Recognitions • Notice of Denial was presented to the Councillors (MV Auburn dba Marijuanaville, 65 Washington St. N. • Mayor Harmon read out the Proclamation – National Night Out. This event will be held August 5, 2025, at Festival Plaza. IV. Open Session Charles Soule, Brattle Street Auburn, spoke regarding the on-line newspaper he edits. V. Unfinished Business None VI. New Business 1) ORDER 67-08042025-Waiving the Temporary Food License Fee ($60) for Age Friendly Community Committee Lobster Feed fundraiser event occurring on August 9, 2025. Councilor Platz motioned for passage. Councilor Gerry seconded. Mayor Harmon opened this item for public comment. There was no comment. Motion passed 7-0. 2) ORDER 68-08042025 – Amending the City’s Master Fee Schedule (APPENDIX A). Councilor Whiting motioned for passage. Councilor Platz seconded. Mayor Harmon opened this item for public comment. Mr. Chapman Eastman Lane spoke in opposition to the order. The motion passed 6-1. (Milks opposed) The City Council had a robust discussion of the Order. Councilor Whiting moved to amend the order as follows: Marijuana fees to have a 5% increase in the fee schedule rather that the proposed 10% increase. Councilor Walker seconded. The motion passed 6-1. (Milks opposed)  IN COUNCIL WORKSHOP & MEETING AUGUST 4, 2025, VOL 38 PAGE 40 3) ORDINANCE 04-08042025 – Amending Chapter 14, “Business Licenses and Permits”, Sec. 14-658(e) to remove: Application and license fees.” Councilor Gerry motioned for passage. Councilor Platz seconded. Mayor Harmon opened this item for public comment. There was no comment. Roll Call Vote the motion passes 7-0. 4) ORDER 69-08042025 – Approval of City Manager’s Evaluation and Wage Adjustment. Councilor Walker motioned for passage. Councilor Platz seconded. Mayor Harmon opened this item for public comment. There was no comment. Councilor Gerry asked if this would change the City Manager’s contract. The Mayor responded that it does not. The motion passed 6-1. (Councilor Gerry opposed) VII. Reports a. Mayor’s Report – The Comp Plan public in-person input sessions have been completed. Citizens can still go to the city website to register input. b. City Councillors’ Reports - Councilor Gerry spoke in support of National Night Out and encouraged all to attend. Councilor Weisner spoke in support of the LA Balloon Festival and encouraged all to attend. Councilor Walker also spoke in support of the Balloon Festival. Councilor Platz noted the School Committee would meet Wednesday August 6th at 6pm. c. Student Representative Report – Student Representative Brennan spoke on the Edward Little Youth Forum taking place on August 8th and encouraged people to visit the Edward Little booth at the Balloon Festival. d. City Manager Report – The City Manager encouraged citizens to attend the Blues, Brews and Cruise event August 16th Noon to 5PM Festival Plaza. VIII. Open Session None IX. Executive Session as scheduled was held at the end of the 5:30PM workshop. Motion by Councilor walker to enter Executive Session pursuant to 1 MRSA Section 405 (6)(A) for evaluation of the City Manager. Seconded by Councilor Milks. Motion passed 7-0. Entered Executive Session at 6:05 PM and exited at 6:42 PM. X. Adjournment Motion to adjourn made by Councilor Walker, seconded by Councilor Cowan. Motion passed 7-0. Council adjourned at 7:55 pm. A TRUE COPY ATTEST Emily F. Carrington, City Clerk  City of Auburn City Council Information Sheet Council Workshop or Meeting Date: August 18, 2025 Author: Director of Recreation - Dawna LaBonte Subject: Volunteer of the Season- Spring 2025 Information: The Auburn Recreation’s Volunteer of the Season award, recognizing the amazing individuals who dedicate their time and passion to our young athletes. This special honor will be presented after each sports season to one outstanding volunteer coach, celebrating their invaluable contributions to our community and the positive impact they have on our kids. City Budgetary Impacts: N/A Previous Meetings and History: N/A City Manager Comments: Attachments: Page 1 of 2  Volunteer of the Season Awardee- Spring 2025 The Auburn Recreation’s Volunteer of the Season award, recognizing the amazing individuals who dedicate their time and passion to our young athletes. This special honor will be presented after each sports season to one outstanding volunteer coach, celebrating their invaluable contributions to our community and the positive impact they have on our kids. This evening, it's my pleasure to announce this spring's Volunteer of the Season: Kayla Thoits. Kayla, an elementary school teacher right here in our community, has been an incredible asset to our programs, generously giving her time and energy over the past two seasons. Her dedication truly shines through. In the winter, she teamed up with her brother Nick to coach basketball, and without missing a beat, she immediately jumped into lacrosse practices as soon as spring arrived. Her unwavering enthusiasm, commitment, and strong connection with our athletes make her an invaluable member of our team. We are so grateful for Kayla’s continued involvement and can't wait to see the lasting impact she'll undoubtedly have in the seasons ahead! Page 2 of 2  City of Auburn City Council Information Sheet Council Workshop or Meeting Date: August 18, 2025 ORDINANCE 04-08042025 Author: Emily F. Carrington, City Clerk Subject: Removing marijuana (cannabis) license fees from Chapter 14 Information: Proposed for this agenda by Councilor Walker and Councilor Weisner. This amendment removes the existing license fees within Chapter 14 (Sec. 14-658) and references that fees be paid in accordance to the City’s master fee schedule (APPENDIX A). City Budgetary Impacts: N/A Previous Meetings and History: Passed first reading August 4, 2025. City Manager Comments: Attachments: Proposed ordinance amendment Page 1 of 1  ORDINANCE 04-08042025 City Council Ordinance IN CITY COUNCIL Be it ordained by the Auburn City Council, that Chapter 14, “Business Licenses and Permits”, of the City’s Code of Ordinances is hereby amended as shown on the attached. Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager Sec. 14-658. Application procedure. (a) An application for a license must be made on a form provided by the city. (b) All applicants must be qualified according to the provisions of this ordinance. Applicants shall provide sufficient information to demonstrate that they meet all qualifications and standards established in this ordinance. (c) Application to establish a marijuana business. (1) If the applicant who wishes to operate a marijuana business is a single individual, this person must sign the application for a license. If the applicant who wishes to operate a marijuana business is more than one individual, each person who has an interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted. (2) The completed application for a marijuana business license shall contain the following information and shall be accompanied by the following documents: a. If the applicant is an individual means the individual shall state their legal name and any aliases, and submit proof that they are at least 21 years of age. b. If the applicant is a partnership. The partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, submit a copy of the partnership agreement, if any, and submit proof that all partners are at least 21 years of age. c. If the applicant is a corporation. The corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under State law, the names and capacity of all officers, directors and principal stockholders, the name of the registered corporate agent, the address of the registered office for service of process, and submit proof that all officers, directors and principal stockholders are at least 21 years of age. d. If the applicant is a limited liability company (LLC). The LLC shall state its complete name, the date of its establishment, evidence that the LLC is in good standing under State law, the names and capacity of all members, a copy of its operating agreement, if any, the address of its registered office for service of process, and submit proof that all members are at least 21 years of age. e. If the applicant intends to operate the marijuana business under a name other than that of the applicant, they must state the marijuana business' name and submit the required registration documents. f. If the applicant, an officer, member or employee has been convicted of criminal activity under state and/or federal law, they must list the specified criminal activity involved, and the date, place, and jurisdiction of each conviction. g. If the applicant has had a previous license under this ordinance or other similar marijuana business license applications in another town, city or state denied, suspended or revoked, they must list the name and location of the marijuana business for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and they must list whether the applicant has been a partner in a partnership or an officer, director, or principal stockholder of a corporation that is permitted/licensed under this ordinance, whose license has previously been denied, suspended or revoked, listing the name and location of the marijuana business for which the permit was denied, suspended, or revoked as well as the date of denial, suspension or revocation. Created: 2025-04-22 09:12:42 [EST] (Supp. No. 32) Page 1 of 3  h. If the applicant holds any other permits/licenses under this ordinance or other similar marijuana business license from another town, city, or state the applicant shall provide the names and locations of such other permitted/licensed businesses. i. The type of marijuana business for which the applicant is seeking a license. j. The location of the proposed marijuana business, including a legal description of the property, street address, and telephone number. k. Sufficient documentation demonstrating possession or entitlement to possession of the proposed licensed premises of the marijuana business pursuant to a lease, rental agreement, purchase and sale agreement or other arrangement for possession of the premises or by virtue of ownership of the premises. l. The applicant's mailing address and residential address. m. Recent passport-style photograph(s) of the applicant(s). n. The applicant's driver's license. o. A sketch showing the configuration of the subject premises, including building footprint, interior layout with floorspace to be occupied by the business, and parking plan. The sketch must be drawn to scale with marked dimensions. p. A copy of a city tax map depicting: The subject property lines and the property lines of other properties containing any existing marijuana businesses within 1,000 feet of the subject property; and the property lines of any public or preexisting private school within 750 feet of the subject property, measured in accordance with section 14-659. q. Evidence of all state approvals or conditional approvals required to operate a marijuana business at the subject premises. r. Evidence of all land use approvals or conditional land use approvals required to operate a marijuana business pursuant to this Code, including, but not limited to, a building permit, site plan approval, change of use permit or certificate of occupancy for the subject premises. s. Evidence of all other local approvals or conditional approvals required to operate a marijuana business pursuant to the Code of Ordinances, including, but not limited to, food service establishment licenses. (3) All applications for a marijuana business license shall be kept confidential by the city. (4) All applicants, including all individuals, officers, directors, managers, members, and partners, for any medical marijuana business license must be residents of the state, as defined in 22 M.R.S.A. § 2422. (5) If an applicant is a person, the applicant must be a resident as that term is defined in the application. If the applicant is a corporation, partnership, or limited liability company, every officer, director, and managing partner must be a person who is a resident, and a majority of shares, partnership interests, and membership interests, or other equity interests must be held or owned by persons who are residents. This residency requirement does not apply to applicants for testing facility licenses. (e) Application and license fees. All applications must be submitted with the applicable license fee(s) according to the city’s fee schedule (APPENDIX A) before the city will issue a license. Renewal applicants for adult use marijuana cultivation licenses may seek an increase to a higher tier if they comply with the requirements in this section. Applicants for adult use marijuana cultivation licenses may not hold more than three such licenses or a total combined plant canopy in excess of 30,000 square feet. Created: 2025-04-22 09:12:42 [EST] (Supp. No. 32) Page 2 of 3 Application and license fees. All applications must be submitted with a $500.00 fee. If an application is approved, the following license fees must be paid before the city will issue a license: Marijuana store. Annual operation license fee: $5,000.00. Marijuana manufacturing facility. Annual operation license fee: $2,500.00. Marijuana testing facility. Annual operation license fee: $2,500.00. Adult use marijuana cultivation: Tier 1. 0—500 square feet of plant canopy—Annual permit/licensing fee: $1,000.00. Tier 2. 501—2,000 square feet of mature plant canopy—Annual license fee: $1,500.00. Tier 3. 2,001—7,000 square feet of mature plant canopy—Annual license fee: $2,500.00. Tier 4. Greater than 7,000 square feet of mature plant canopy—Annual license fee: $5,000.00. Medical marijuana cultivation. Annual operation license fee: $1,000.00. Adult use marijuana nursery cultivation. Annual license fee: $1,000.00 (Plant canopies of individual nursery cultivations are permanently capped at 1,000 square feet.) Renewal applicants for adult use marijuana cultivation licenses may seek an increase to a higher tier if they comply with the requirements in this section. Applicants for adult use marijuana cultivation licenses may not hold more than three such licenses or a total combined plant canopy in excess of 30,000 square feet. (f) Complete application. In the event that the city clerk determines that a submitted application is not complete, the city clerk shall notify the applicant that the application is not complete and shall inform the applicant of the additional information required to process the application. (Ord. No. 03-05202019, 6-3-2019; Ord. No. 08-11022020, 12-21-2020; Ord. No. 21-09182023, 12-4-2023) Created: 2025-04-22 09:12:42 [EST] (Supp. No. 32) Page 3 of 3  City of Auburn City Council Information Sheet Council Workshop or Meeting Date: August 18, 2025 ORDINANCE 05-08182025 Author: Eric J. Cousens, Director of Public Services Subject: Vacant Buildings Ordinance First Reading Background: The City Council and staff have discussed the need to promote responsible management of vacant buildings to provide a safe neighborhood for residents, safeguard property values, expedite building repairs, and to provide for prompt contact with owners or managers by police, fire, and code when issues or emergencies develop. The draft ordinance is intended to give staff a new tool to achieve those goals. The Council provided feedback to staff on previous drafts, and we updated the draft to address Council and legal comments for the workshop on August 4th. Information: This draft ordinance is the same as the version reviewed on August 4th. • Updated fee structure and a cap on maximum fees. • Vacant building definition has been changed to include a consecutive day requirement consistent with the 60-day notification time frame. • Permit fee increases are based on consecutive permits rather than subsequent. • Inspection standards were adjusted to provide a distinction between abandoned and vacant. By changing the inspection requirement, this allows an abandoned building to become a vacant building subject to a lower fee amount. • Address legal concerns City Budgetary Impacts: Staff Time and a new way to recover the costs of staff time driven by vacant buildings. Staff Recommended Action: Hold Public Hearing and vote to approve First Reading. Previous Meetings and History: Budget discussions over the past few months and May 19, 2025, and June 02, 2025, Council Workshop and August 4, 2025 Council workshop. City Manager Comments: Signature: Attachments: Draft Vacant Buildings Ordinance with Legal Edits, City Council Ordinance Page 1 of 1  ORDINANCE 05-08182025 City Council Ordinance IN CITY COUNCIL Be it ordained by the Auburn City Council, that Chapter 12, “Housing”, of the City’s Code of Ordinances is hereby amended as shown on the attached. Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager Chapter 12, ARTICLE V Vacant and Abandoned Buildings Sec. 12-275 - Purpose. This ar�cle is intended to prevent or mi�gate dangers to public health, safety, and welfare, to promote responsible management, provide a safe neighborhood for residents, safeguard property values, expedite building repairs, and provide for prompt contact with a responsible party for the building by police, fire, and code enforcement officers when issues or emergencies develop. Sec. 12-276 - Defini�ons. For the purpose of interpre�ng this ar�cle, the following terms, phrases, words, and their deriva�ons shall have the following meanings. All references to sec�on 60-2 refer to Chapter 60, Sec�on 60-2 of this Code of Ordinances. Abandoned building means: A. A building that is unoccupied and which is under a current no�ce of default of a mortgage; under a current no�ce of sale by order of a trustee in bankruptcy; pending a tax assessor’s lien sale; any property that has been the subject of a mortgagee’s foreclosure sale; and any property transferred under a deed in lieu of foreclosure/sale; and/or B. A building that meets one or more of the condi�ons cited in 14 MRS §6326(2), as the same may be amended from �me to �me, for establishing abandonment by statute. Accessory dwelling unit has the same meaning as in sec�on 60-2. Accessory structure or building has the same meaning as in sec�on 60-2. Building has the same meaning as in sec�on 60-2. Dwelling, multifamily has the same meaning as in sec�on 60-2. Dwelling, one-family has the same meaning as in sec�on 60-2. Dwelling, single family attached has the same meaning as in sec�on 60-2. Dwelling, two-family has the same meaning as in sec�on 60-2. Emergency action plan means an individualized plan developed for a specific vacant building or abandoned building, or group of such buildings if located on one parcel, which, in the judgment of the fire chief and/or police chief, poses a hazard and an elevated risk to surrounding property or to public safety, health, or welfare, that is used to facilitate an appropriate emergency response by the fire and/or police department. High impact building means a vacant building or abandoned building that exceeds 50,000 square feet of floor area and which, in the judgment of the fire and/or police chief, requires an emergency ac�on plan because of a heightened risk to public health, safety, or welfare as set forth in wri�ng by the fire and/or police chief. Responsible party means any person, agent, holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm or corpora�on with control or possession of the premises, or other legal en�ty having a legal or equitable interest in a vacant building, including but not limited to the beneficiary of a trust, and the holder of a life estate. Seasonal dwelling has the same meaning as the term “Dwelling, seasonal” in sec�on 60-2. Unoccupied means lacking habitual presence of natural persons who have a legal or equitable right to be on the premises, or at which substan�ally all lawfully permited uses have ceased except for secure accessory structures or buildings not intended for human occupancy. Vacant building means a building that has remained unoccupied for a con�nuous period of 60 or more days. Sec. 12-277 - Applicability. A. The provisions of this ar�cle apply to any vacant building or abandoned building located within the city except for those buildings exempted pursuant to Subsec�on B. B. The provisions of this ar�cle do not apply to: (1) A vacant building that is the primary residence of any member of the United States Armed Forces while on ac�ve duty, provided the building is not an abandoned building. (2) A seasonal dwelling that is not an abandoned building. (3) A one-family dwelling, which is not a seasonal dwelling and is not an abandoned building, which the owner regularly occupies for at least 20 weeks per year. (4) Any building, that is not a vacant building or abandoned building, that is ac�vely under construc�on when such construc�on precludes the intended use of the building. Such exemp�on from the provisions of this ar�cle shall apply only during the term of the building permit or un�l an occupancy cer�ficate is issued on that same building permit. (5) Any vacant building, which is not an abandoned building, that is ac�vely being marketed for sale. Such exemp�on shall not apply if the building was required to be registered as a vacant building the first �me that it was offered for sale. Such exemp�on shall expire 180 days a�er the building is offered for sale. Sec. 12-278 - Registra�on Required. A. The responsible party for a vacant building or abandoned building must obtain a vacant building registra�on permit for the period during which the building is vacant or abandoned. B. When a building becomes a vacant building or abandoned building as defined in Sec�on 12-276, the responsible party for the building must obtain a vacant building registra�on permit and pay the fee required by Sec�on 12-280 within 10 days of the building becoming a vacant building or abandoned building. C. Vacant building registra�on permit issuance. (1) The director of the city planning, permi�ng, and code department, or their designee, shall issue a vacant building registra�on permit upon being sa�sfied that the building has been inspected and is in compliance with the vacant building and/or abandoned building standards set forth in this ar�cle. (2) A vacant building registra�on permit is valid for six months from the date of issuance. (3) A vacant building registra�on permit for a currently registered vacant building or abandoned building is nontransferable upon the sale or transfer of the building unless an applica�on for transfer of the permit has been made to the director of the city planning, permi�ng, and code department, or their designee, within 10 days prior to the sale or transfer of the building, by the new responsible party. All  permit transfers shall be subject to all condi�ons and obliga�ons imposed by this ar�cle and any previous permits unless expressly exempted therefrom. D. A�er the vacant building registra�on permit is issued, the director of the city planning, permi�ng, and code department, or their designee, shall add the property to a vacant property registry maintained by the city which shall be made available for public inspec�on. E. The vacant building registra�on permit must be affixed adjacent to the primary entrance of the vacant building or abandoned building in a loca�on visible to police, fire, or code enforcement officers. F. Upon the expira�on of a vacant building registra�on permit, if the building is s�ll vacant or abandoned, the responsible party must arrange for an inspec�on of the building and premises with the director of the city planning, permi�ng, and code department, or their designee, and renew the permit within 10 days of it’s expira�on. All permit renewals shall be subject to all condi�ons and obliga�ons imposed by this ar�cle and any previous permits unless expressly exempted therefrom. Sec. 12-279 - Applica�on for vacant building registra�on permit. The responsible party for a vacant building or abandoned building shall apply for a vacant building registra�on permit and a�er the issuance of a vacant building registra�on permit shall ensure that all required informa�on is kept up to date. A. A permit applica�on shall be made to the director of the city planning, permi�ng, and code department, or their designee, on a form furnished by the director for such purposes, and shall, at a minimum, include the following informa�on: (1) Name, mailing address, and e-mail address of the responsible party, and the telephone number which provides immediate 24x7x365 access to the responsible party for the building. If the responsible party is not an individual, the name of the individual designated as the point of contact for the responsible party must be provided. (2) Name, mailing address, telephone number, and e-mail address of the individual designated by the responsible party for the building as the authorized agent for receiving no�ces of code viola�ons and for receiving process in any court proceeding or administra�ve enforcement proceeding in connec�on with the enforcement of this ar�cle or code viola�on regarding the vacant building or abandoned building. (3) The name, mailing address, telephone number of any bank, lender, lien holder, or other party with an interest in the property, as the term “party in interest” is defined in 14 MRS §6321. (4) The street address of the building, and city parcel iden�fica�on number for the property on which the building sits. B. The applica�on shall include a statement of intent which shall include informa�on as to the date of vacancy, expected dura�on of vacancy, the plan for the provision of regular maintenance during the vacancy to ensure compliance with all applicable code requirements, and a plan and �meline for the lawful occupancy, and, if applicable, rehabilita�on, removal, or demoli�on of the building. C. The applicant shall provide writen consent for the city police, fire and code enforcement officers to have immediate access to the premises, including to the vacant building or abandoned building and the land upon which it stands, and permi�ng inspec�on of the vacant building or abandoned building without prior no�fica�on, and without a warrant being required, when a city police, fire or code enforcement officer has reason to believe that circumstances exist which create an imminent danger to the public health, safety, or welfare. If such consent is not provided, the city may seek court authoriza�on to enter the premises. The city may seek full recovery of costs incurred, inclusive of atorney’s fees, in obtaining such court authoriza�on.  D. The applica�on shall include a list of people authorized to be present in the building, along with a statement that any person not listed shall be considered a trespasser. The responsible party shall no�fy the director of the city planning, permi�ng, and code department, or their designee, immediately upon any change in the list of authorized persons. E. If the name of any party required in the applica�on changes, or if the mailing address, telephone number, or e-mail address for any party changes or is no longer valid, the responsible party must no�fy the director of the city planning, permi�ng, and code department, or their designee, of the changes in wri�ng within 10 days of such change. Sec. 12-280 - Fees. Fees for vacant building registra�on permits are as shown in Appendix A Fees and Charges. Fees shall be calculated as follows: A. For abandoned buildings, and for buildings under the control of banks or other financial ins�tu�ons. A base fee for up to 50,000 square feet in floor area shall be charged. For each addi�onal 10,000 square feet, or por�on thereof, of floor area more than 50,000 square feet an addi�onal fee of 50% of the base fee shall be charged. B. For commercial buildings, buildings comprised of more than two single family atached dwelling units, and mul�family dwellings, along with any accessory dwelling units associated with such dwellings, which are not under the control of a bank or other financial ins�tu�on. A base fee for up to 50,000 square feet in floor area shall be charged. For each addi�onal 10,000 square feet, or por�on thereof, of floor area more than 50,000 square feet an addi�onal fee of 50% of the base fee shall be charged. C. For one-family dwellings, buildings comprised of two single family atached dwelling units, and two-family dwellings, along with any accessory dwelling units associated with such dwellings, which are owner occupied, and which are not under the control of a bank or other financial ins�tu�on. A base fee shall be charged. D. For one-family dwellings, buildings comprised of two single family atached dwelling units, and two-family dwellings, along with any accessory dwelling units associated with such dwellings, which are not owner occupied, and not under the control of a bank or other financial ins�tu�on. A fee which is twice the base fee specified in Subsec�on C shall be charged. E. A one-family dwelling, which is not a seasonal dwelling, which the owner is not currently occupying but for which the owner can demonstrate, in writen form, a contractual or other similar arrangement to maintain the property, is exempt from the fee shown in Subsec�on C. Such exemp�on shall only apply during the term of the contract or other similar arrangement. F. For vacant buildings or abandoned buildings that are designated as high impact buildings, an addi�onal one-�me fee equal to the base fee for the building type shall be charged. G. No permit shall be issued prior to payment of the permit or renewal fee. H. If a responsible party has been issued a building permit for renova�ons, demoli�on, or repairs, and is performing the permited work in good faith during the ac�ve permit period, no fee will be required during the period that the permited work is being performed. I. A registra�on fee escalates at a rate of two �mes the prior permit fee for each permit renewal while the building con�nues as vacant regardless of the party responsible. Such an escalated registra�on fee shall cover the increased cost of inspec�on and protec�on services of the City’s fire, police, and code enforcement personnel during such permit renewal period. However, no permit fee shall exceed 16 �mes the original applicable fee for the building type. Sec. 12-281 - Vacant building inspec�on. A. At the �me of applica�on for a vacant building registra�on permit, the responsible party for a vacant building or abandoned building shall consent to an inspec�on of the building with the director of the city planning, permi�ng, and code department, or their designee. The inspec�on shall determine whether the building is considered vacant or abandoned as defined in this ar�cle, whether the building is determined to be a high impact building, and to determine compliance with any applicable building, fire preven�on, and life safety codes, and ordinance requirements. If such consent is not provided, the city may seek court authoriza�on to enter the premises. The city may seek full recovery of costs incurred, inclusive of atorney’s fees, in obtaining such court authoriza�on. B. A�er a vacant building or abandoned building has been inspected and if the director of the city planning, permi�ng, and code department, or their designee has determined that the vacant building or abandoned building is a high impact building, the director, or their designee, shall no�fy the responsible party of this determina�on and require the submission of an emergency ac�on plan. Such an emergency ac�on plan shall be dra�ed in coopera�on with the fire and/or police chief, or their designee. The sufficiency of the emergency ac�on plan shall be determined by the fire and/or police chief, or their designee. C. A�er a vacant building or abandoned building has been inspected and if the director of the city planning, permi�ng, and code department, or their designee has determined that the vacant building or abandoned building does not meet one or more building, fire preven�on or life safety codes, and/or ordinance requirements, the director, or their designee, shall issue an order for any work needed to: (1) Adequately protect the building and property from: (a) Intrusion by trespassers. (b) Deteriora�on by weather. (2) Bring the building and property into compliance with all applicable building, fire preven�on and life safety codes, and ordinance requirements. (3) Ensure that allowing the building to remain: (a) Will not be detrimental to the public health, safety, and welfare. (b) Will not unreasonably interfere with the reasonable and lawful use and enjoyment of other premises within the neighborhood. (c) Will not pose an extraordinary hazard to police officers, firefighters or code enforcement personnel entering the premises in �mes of emergency. D. When issuing orders under Subsec�on C, the director of the city planning, permi�ng, and code department, or their designee, shall specify the �me for comple�on of the work. The order will act as an interim vacant building registra�on permit, the dura�on of which will be for the �me set forth in the order. No interim registra�on permit shall be effec�ve for a period of more than 90 days. E. All work done pursuant to this ar�cle must be done in compliance with the applicable building, fire preven�on, and life safety codes, and within ordinance requirements. Sec. 12-282 - Viola�ons and penal�es Any person or en�ty who is found to be in viola�on of any provision or requirement of this ar�cle shall be subject to a civil penalty, including the City's atorney's fees and other remedies as set forth in 30-A MRS §4452, as the same may be amended from �me to �me. Each viola�on of a separate provision or requirement, and each day of such viola�on, shall cons�tute a separate offense.  City of Auburn City Council Information Sheet Council Workshop or Meeting Date: August 18, 2025 ORDINANCE 06-08182025 Author: Phil Crowell, City Manager Subject: Moratorium on Needle Exchange Services Information: The purpose of this proposed moratorium is to temporarily halt the establishment, expansion, or operation of needle exchange services in Auburn while City staff and the Council undertake a comprehensive review of policy options. The moratorium is intended to protect public health, safety, and welfare while the City evaluates best practices, legal considerations, and potential impacts on the community. Several Maine municipalities have adopted varying approaches to regulating or permitting needle exchange programs. These approaches differ in scope, operational oversight, public health partnerships, and integration with other harm reduction services. At present, Auburn does not have a specific ordinance regulating these services. Without a temporary pause, there is a risk that a program could be initiated before the City has had the opportunity to fully consider how such services should be structured, regulated, or integrated into our public health framework. City Budgetary Impacts: Minimal direct cost. Staff time will be required to conduct research, engage stakeholders, legal review, and prepare workshop materials. Staff Recommended Action: Staff recommends adoption of the proposed moratorium order to ensure the City has adequate time to evaluate regulatory options and make an informed, deliberate policy decision that best serves the health and well-being of Auburn residents. PROCEDURAL NOTE: To make it effective immediately without a second reading there will need to be a unanimous vote of the councilors present and voting to dispense with a second reading. Previous Meetings and History: NA City Manager Comments: I concur with the recommendation. Signature: Attachments: Page 1 of 1  ORDINANCE 06-08182025 City Council Ordinance IN CITY COUNCIL BE IT ORDAINED, that THE CITY OF AUBURN adopts a Moratorium Ordinance on Needle Exchange Services as follows: WHEREAS, pursuant to the Auburn City Charter, the Code of Ordinances, and the provisions of Maine law at 30-A M.R.S. §4356, the City Council has the authority to enact moratoria to protect the public health, safety, and welfare of the residents of Auburn; and WHEREAS, the City Council finds that the establishment, expansion, or operation of needle exchange services within the City of Auburn have significant public health, safety, and community impacts that require careful study and possible amendment of existing ordinances; and WHEREAS, the City’s current ordinances do not specifically address needle exchange services and are inadequate to prevent serious public harm from establishment, expansion or operation of needle exchange services within the City; and WHEREAS, the City Council finds that a temporary moratorium is necessary to allow sufficient time for municipal staff, the Planning Board, and the City Council to review, evaluate, and, if necessary, amend the City’s ordinances governing needle exchange services; and WHEREAS, in the judgment of the City Council, the foregoing findings constitute a necessity within the meaning of 30-A M.R.S. § 4356; NOW, THEREFORE, the Auburn City Council hereby ordains that the following Moratorium Ordinance be, and is, enacted: 1. Moratorium Imposed. No person or entity shall establish, expand, or operate a needle exchange service within the City of Auburn. For purposes of this Moratorium Ordinance, the term “needle exchange service” shall include any sterile hypodermic syringe and needle exchange program authorized and certified by the Maine Center for Disease Control and Prevention under state law (22 M.R.S § 1341) and associated state rules (10-144 C.M.R. ch. 252). Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager  2. Applicability. This moratorium applies to all proposals for needle exchange services, as well as any expansions or material modifications to existing operations. Notwithstanding 1 M.R.S. § 302 or any other law to the contrary, and regardless of the Effective Date, this Moratorium Ordinance shall govern and apply to all proceedings, licenses, and applications for a needle exchange service that were or are pending before the City Clerk, Code Enforcement Officer, or the Planning Board on or at any time after July 31, 2025, and, to the extent allowed by 30-A M.R.S. § 3007(6), shall nullify the issuance of any final approval of the City Clerk, Code Enforcement Officer, or the Planning Board made on or at any time after July 31, 2025 that authorizes the establishment, expansion or operation of a needle exchange service (the "Date of Applicability"). 3. Duration. This Moratorium Ordinance shall become effective immediately upon its final passage by the City Council (“Effective Date”) and shall remain in effect for a period of 180 days from its effective date, unless extended, modified, or repealed by the City Council. 4. Purpose. The purpose of this moratorium is to allow the City sufficient time to study the potential impacts of needle exchange services and to consider and adopt appropriate amendments to the City’s ordinances. 5. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. Richard S. Whiting, Ward One Timothy M. Cowan, Ward Two Stephen G. Milks, Ward Three Benjamin J. Weisner, Ward Four Leroy G. Walker, Sr., Ward Five Adam R. Platz, At Large Belinda A. Gerry, At Large Jeffrey D. Harmon, Mayor Phillip L. Crowell, Jr., City Manager