Causey - January 27, 2023

From: Christopher Causey [mailto:ccausey@bourqueclegg.com
Sent: Friday, January 27, 2023 1:51 PM
To: Lamontagne, Danica <Danica.Lamontagne@Biddefordmaine.org>
Cc: Stacey Morin <smorin@bourqueclegg.com>
Subject: FOAA Request


Good Afternoon Ms. Lamontagne, 

Attorney Harry Center gave me your contact information.  Attached is a FOAA request related to a road construction project at or near the intersection of West Street and Guinea Road in Biddeford during October of 2022.

Please call or email with any questions or concerns you may have.

 

Sincerely,

Chris Causey

Christopher R. Causey, Esq.

Bourque Clegg Causey & Morin LLC

949 Main Street; P.O. Box 1068

Sanford, Maine 04073

75 Pearl Street, Suite 207

Portland, Maine 04101

Tel. (207) 324-4422; Fax (207) 324-9556

ccausey@bourqueclegg.com

www.bourqueclegg.com

Request Document

Response

From: Lamontagne, Danica <Danica.Lamontagne@Biddefordmaine.org
Sent: Wednesday, February 8, 2023 2:26 PM
To: Christopher Causey <ccausey@bourqueclegg.com>
Cc: Stacey Morin <smorin@bourqueclegg.com>; Sharon Kostis <skostis@bourqueclegg.com>
Subject: RE: FOAA Request

 

Good afternoon,

We received your check today. Thank you for your prompt payment. I’ve included a response to each of the items referenced in your request in bold below. The documents that were found in our searches are attached to this email. 

 

  1. A copy of the construction plans for the project at the intersection of West Street and Guinea Road in Biddeford, which took place at some point in October 2022. As this was a private construction project, the City does not have a copy of any construction plans.
  2. A copy of any construction contract or any other contract with any private person or entity involved in this construction project. The City of Biddeford issued a Street Opening Permit to Kevin Morse on October 6, 2022. A copy of this permit is attached.
  3. Copies of any and all communication, including email, text and other written correspondence, between the City of Biddeford and any other person or entity involved in the construction project at or near the intersection of West Street and New Guinea Road, which occurred in October of 2022. Communications request are not limited to October of 2022. The reference is by way of identification only. A search conducted by the IT Department for any email correspondence with the contractor did not reveal any results. The permit was obtained in-person by the contractor.
  4. Copies of any documents reflecting or pertaining to the signage necessary for the project, including compliance with State of Maine and City of Biddeford laws and regulations. A search of records did not reveal any results for this item.
  5. Any Documents reflecting any complaints to any department in the City of Biddeford related to this construction project. The Acting Chief of Police previously provided you a document via email that reflects a call that the City received regarding a complaint about the project. I have attached a copy to this email as well.
  6. Copies of any communication between and among any City of employees regarding the construction project at or near the intersection of West Street and Guinea Road, which occurred in October 2022. A search of records did not reveal any results for this item besides the Dispatch Call Log referenced in item 5.
  7. Copies of any communication in possession of the City of Biddeford from the Maine DOT regarding the construction project. The City of Biddeford did not receive any communication from the Maine DOT in regards to this project. 
  8. Copies of any investigation, communication or any other document related to a bicycle accident occurring at the construction site on or about October 21, 2022. The Biddeford Police Department completed a search of their records and did not find any documents or communication that reflect a report of a bicycle accident at this site.
  9. Copies of all signage requirements existing in October of 2022 that the City of Biddeford requires of any road construction projects like that occurring at or near the intersection of West Street and Guinea Road in October 2022. The following is an excerpt from the City of Biddeford’s Code of Ordinances, which would apply to this project. 
    1. Sec. 70-70 Barricading, lighting of excavations; restoration of streets and other public property. [Code 1975, § 19-3(19)] All excavations for building sewer and/or private sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, esplanades, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Director.

Please do not hesitate to reach out if you have any questions.

 

Best,

Danica Lamontagne

City of Biddeford

Asst. to the City Manager

danica.lamontagne@biddefordmaine.org

207-282-8423