20210611_PTLA

Request for Clarification

Mr. Spaulding,

Thank you for the FOAA dated June 11, 2021.  Please accept this email as acknowledgment of receipt.

The City, by policy, does not waive fees for FOAA requests.  Under Maine law, the first hour is free.  You will be charged $15.00 per hour for the actual hours required to fulfill your request in excess of the first hour.

Based on an initial review of you request it is believed that the time involved will be extensive.  That being said, you may wish to clarify certain aspects of your request to reduce the time involved in order to obtain the specific information you are seeking.  Please see comments below:

  • Any public record regarding the habitability and/ or physical condition of the building located at 10 Clifford Street, Biddeford, ME 04005, including, but not limited to descriptions, accounts, or photographs of that building's condition. Do you have a specific timeframe for this request?  The City maintains physical files in its offices and archived physical files for older information. A search of the archived records will require more effort and time.  A specific timeframe will assist in providing a reasonable estimate for the search.
  • Any public record containing memoranda, reports, correspondence, writings, and or photographs-whether in electronic format or otherwise-that discuss or mention the physical condition of the building located at 10 Clifford Street, Biddeford, ME 04005. 
    1. Do you have a specific timeframe for this request?  The City maintains physical files in its offices and archived physical files for older information. Without electronic files a search for specific key word with require will require more effort and time.  A specific timeframe will assist in providing a reasonable estimate for the search.
    2. To the extent the City has emails and or electronic records that we are able to search, your reference to “that discuss or mention the physical condition of the building…” is very broad and relies on the City to interpret what is meant by the “physical condition”.  Are you able to provide a list of key words that you wish to include for the search criteria?
  • Any public record regarding lead inspections, environmental hazards, lead grant applications, and loans made under the Lead-Based Paint Hazard Reduction Program for the building located at 10 Clifford Street, Biddeford, ME 04005.  Can we assume that the timeframe for this item coincides with implementation of the City’s Lead Grant Program through HUD, that date being January 9, 2020 through today (or some other prior date)?
  • Any public record, including body camera footage if available, regarding police activity at 10 Clifford Street, Biddeford, ME 04005 on May 22, 2021.

Once I receive your reply I will prepare an estimate of the time involved to complete the records search and an associated cost.  If based on any clarifications the estimate exceeds $100, we will request that you provide a check for the estimated amount in order to initiate the records search.  Once we have completed the work, if the work is less than the estimate, we will refund the balance.   If the actual hours exceed the estimate the balance due would have to paid prior to releasing the information.

Please feel free to contact me if you have any questions, otherwise I will await any clarifications. 

Brian S. Phinney

Chief Operating Officer/ Technology Dir.

City of Biddeford

P.O. Box 586

205 Main Street

Biddeford, ME 04005

Phone: (207) 571-0032

Fax:      (207) 571-0656

Clarification

Dear Mr. Phinney,

On the timeframe for the first two bullet points below, can I ask for the past two years? Does that require going into the archives? If so, I’ll shorten my request to whatever would avoid having to go into the archives to keep the costs down. On the physical condition, I’m primarily looking for things that might be considered a code violation, but I know the Fire Department was at the property in 2020 because the fire alarm kept going off without explanation. I’d also be interested in any violations involving doing work without permits.

On the lead grant, yes, please assume my request coincides with the start of the Lead Grant program.

Thank you,

Mike

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Michael Spalding

Pine Tree Legal Assistance

Staff Attorney, Portland

P.O. Box 547

Portland, ME 04112

207-400-3211 (o)

207 828-2300 (f)