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A, cCAL iL ®11~D~~. Mayor Maingot called the meeting. to order at ~-:0~ p.n1.
Mayor Maingot called for a momen:c of Silent Meditation. and then .led the Pledge
of Allegiance.
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Mayor Maingot reviewecl the process f ~r conducting the interviews. He said the
interviews were scheduled to last one hour. The Purchasing Manager will ask
approximately ten questions, a).lowing i:wenty to thirty (20 to 30) minutes for the
questions and responses. The last thirty (30) minutes will be used for the
applicants to make a presentation and/or the Commission to aslc any additional
questions. He said each Coin~nissioner will fill out a score sheet aild tuns it in to
the Purchasing Manager. A Specia}..Meeting will be held VWednesclay, December
2, 2009 at 7:00 p.m. for the Commission to decide on the ~1ext City Attoi7ley. The
Purchasing Manager will contact the applicants regarding the Co.nunission's
selection.
A. Cl~na~e / ~m~eIl~n~n,11?.1-~. (4:®®p.~a,)
Ms. Douglas asked the applicant what talents and experience he feels he
brings to the City of Longwood.
Mr. Damon Chase, Esquire, 25(1 Internatio~zal Park:~~~ay, Suite 330, Lake
Mary, said he was hoping he would have an opening statement. He stated
of all the applicants he has seen to submit proposals were all good
lawyers. He said he is I~oard Certified in Business Litigation and he is the
CC 12-01-09/605
only one in Seminole County so certified. He said he has the largest law
fii7n in Seminole County with over 250 years of combined legal
experience. Ike advised there were two former Circuit Judges, Attorneys
that have had a great deal of experience in City/Coz~nty and local
govenunent work. He stated.the majority of work he has done has been on
the other side, suing local govermnents. He said he has not done a lot of
representing local goverJUnerits. He has represented the City of Lake
Helen on a couple of issues. He stated what interested lum in the job was
that he has found himself litigating against attorneys who are representing
local govermnents and these attorneys are almost always from Orange
County. He said that hundreds of thousands of dollars of local taxes were
sent to Orange County. He stated we should try to keep tax dollars in the
County. He said the last time the City of Longwood was seeking an
Attorney, a request was sent out and nobody from Seminole. County
applied and they ended up with an Orange County firm. He stated with
this request, again, it was all applicants outside of Seminole County. He
declared he put in his request because he believes ii1 Serniiole County.
Ms. Douglas asked to describe their experience in municipal law, such as
municipal financial documents, preparation of State and Federal cases for
trial, plam7ing issues, etc.
Mr. Chase said he has had several cases over the last munber of years
representing people against local governments. He stated as far as
preparation of documents, he has litigated cases, in Sanford most recently,
over the drafting, of one of their ordinances and prevailed. In another case
regarding an ordinance they appealed, it was conceded and the ordinance '
re-written. He said the bulls of their experience was with that.
Ms. Douglas asked to give an example of their relationships with
Commissioners aiid Administration of other cities duriizg Commission
meetings; i.e. are they proactive, reactionary, or laissez-fair,. and workday
scenaros2
Mr. Chase said his experience has been on the other side and not sitting on
the dais. He stated his wife, Ms. Melanie Chase is also listed in the
proposal as a backup when he is not available and she does that a lot.. He
said 1V1r. Tom Freeman was also listed as a backup and has experience. He
stated there were different styles on City/County Commissions. He said in
preparing for this he listened to the audio of the last meeting and if that
was indicative of how the Conunissioiz was going to act; then he would
respectfully withdraw his proposal.
Ms. Douglas asked to tell them liis thoughts on litigation and about any
experience they had in representing cities in litigation.
Mr. Chase said the experience he had in representing cities was the. City of
Lake Helen where there were two cases and they were successful in both.
CC l2-O1-0.9/606
He stated if you allow litigation. to be dragged out for years is what cost so
much money. He said most thizags municipalities deal with can be handled
very quickly.
Ms. Douglas asked what successes and failures he had personally had in
representing a municipality i.n liitigation.
Mr. Chase said he represented on.e municipality and won both issues.
D/Is. Douglas asked if he'; could ).ist any comprehensive plan~ling actions or
community redevelopment agencies he lead personally participated in and
to what extent, and tell about lvs land development experience with
regards to amiexations, land usc> changes, development agreements and
economic development.
Mr. Chase said he represents a ;great number of developers in Seminole
County. He stated he was involved in every aspect. of the project from the
begimiing of plaanung, zoning, and all parts. He stated lv.s wife was on the
East Central I'lorida•Regional F'lamung Council and served oz1 Seminole
County's Plazuiing and Zozung Commission. He said a vast majority was
govermnent based experience vaith land use and things of that nature.
Ms. Douglas said the City oI.' Longwood owns its water utility, but other
privately owzled utilities exist. within the City limits or right outside th.e
limits. She asked if he had any experience in dealing with utilities, and i:F
so, to what extent?
Mr. Chase said he had litigated cases with the Public Service Commission,
dealing with utilities and utility responsibiaities to the community.
Ms. Douglas asked what kind of turnaround time they would have with
getting ordinances, resolutions, contract review,. etc. back to the City Ivor
approval and who would be the City's contact for these items?
Mr. Chase said the contact would always be hint. l:Ie stated the tuUnaround
time was something within the control of the Attorney. He said usually
when Commissions aslc for these things, they will need it within a couple
of weeks. He stated he could h<<.ve things done by the nett day if
necessary. He said you can usually find cases that have dealt ~;vi.th similar
issues with. regards to ordinances. He stated cozitracts can sometimes be
more demanding with time.
Ms. Douglas said out City Con:~mission meetings are the first anal Hurd
Mondays of the month at 7:00 l~.zn. She inquired if this would present a
scheduling. conflict for him and if so, how would he work around it.
Mr. Chase responded ili the ne€;ative.
CC 1.2-01.09/607
Ms. Douglas said he has stated his rates for service within his proposal.
She asked if those rates were negotiable and what would'ihe City get for
their money.
Mr. Chase said he filed the proposal and stated it was not about the
money, although ultimately you need to get paid. He genuinely cares
about the community and reiterated that 11e feels it is ridiculous how much
money was being hemorrhaged outside of our communities. He stated if
more of the Seminole cities would step up and take more of an active role
in representing our local govermnents, they can make a difference.
Ms. Douglas asked what type of relationship did he qr his film have at the
County, State and/or Federal level in regards to helping the City of
Longwood move forward?
Mr. Chase said they Have better relationships at the County level than any
of the other applicants. He stated they spend a lot of time with all of the
County Commissioners and do a lot of work for them. He said if looking
at lus client list, he represents State Representatives, Judges, and County
Commissioners. He stated they were actively involved in the community
and you can see that when looking at the qualifications within their
proposal.
Ms. Douglas inquired why he was interested in the position of City
Attorney for the City of Longwood.
Mr. Chase reiterated it was as simple as he caiulot stand the thought of
more dollars being hemorrhaged to another County.
Ms. Douglas asked if there was anything else he would like to add or
discuss that has ,not been addressed in this interview.
Mr. Chase said he had a genuine interest and feels a City Attorney should
sit with the Conunission and keep their mouth quiet unless something was
really starting to go the wrong way, then he should speak up. He stated he
has litigated Sunshine Law eases. He said the City Attorney should not be
doing on the-job training.
Commissioner Bundy aslted what he felt was the most important job for a
City Attorney.
Mr. Chase said. being there and. being up to date, and keeping the
Commission out of litigation. He.stated the ordil~ance needs to be drafted
correctly and contracts need to be set up in such a way that the obligations
are clear. He said it was most i~npoiiant to represent the ~ommissioiz as a
whole, not to take sides, and what is best for the City malting sure you
give prompt legal advice.
CC 12-01-09/605
Commissioner Sackett said Mr. Chase has 11ad a lot of experience on the
. opposite side. He asked if there was a time when sitting on the opposite
side hat! he had an "aha" moment that if he were sitting on this side how it
would have worked.
Mr. Chase said t11at happens a lot and he gave an example regarding a
condenuiation case where a comment made by a Commissioner could
have ended up in litigation.:Eie stated had he been sitl:ing on the other side,
he would have spoken up to interject.
Commissioner Comes said on faze average they would be looping at forty
to fifty (40 to 50) hours a month and asked if he ~Tould have a problem on
his quoted rate with that many hours a month.
Mr. Chase said he did not have a problem with that. He stated he picked
the numbers as it seemed to be the prevailing rate. He said he dial not see
this position as a money ruaker. He reiterated wanting to keep the money
and professional services in Serrunole County.
Deputy Mayor Durso asked M~~. Chase to talk about being Board Certified.
Mr. Chase said Board C;ertific~~.tion was the highest level of
accommodation the rlorida Bar :provides. He explained there were various
areas for which you can be Board Certified. He stated it shows you have
exhibited experience, have had. trials and demonsl:rated the ability. He said
before becoming Board Certified they talk to Judges before whom you
have practiced, Attorneys within tine conununity, and you have to take a
test.
Deputy Mayor Durso said he talked about his relationships with Seminole
County. He asked him to talk about his relationships within a legal context
and how they would help and/or hinder.
Mr. Chase said the Seminole C;ounty Bar Association was smaller than
Orange County and they spent! a lot of tune together. He stated in the local
Seminole County organizations, the Attorneys who were listed in the
packet he provided have risen to leadership positions in all of them. He
reviewed. positions he and other Attorney's within his fine have held.
Deputy Mayor Durso said the City of Longwood was in a unique position
with build out and said they would probably be facing some annexation
issues. He inquired what their experience with annexation was and how
did they feel the City was sittiatec! for future amlexations.
Mi. Chase said he had not loo:!ced at the boundaries for the City of
Longwood. He stated Longwood would probably be looking at some
issues around the I-4 area. He said the most recent experience with
amzexation was going on righl: now with the annexation of property in
CC 12-O1-09/609
Lake County they were trying to get tl~rongh prior to the Hometown
Democracy. He gave other examples of amnexation cases and said he was
very familiar with annexation.
Deputy Mayor Durso inquired if he was supporteel or opposed Hometown
Democracy.
Mr. Chase stated that lie disliked Hometown Democracy.
Deputy Mayor Durso inquired what experience he had with regard to
natural resources, i.e. consumptive use permits and mitigation.
Mr. Chase. said their developer clients do a tremendous amount of work in
mitigation with regards to dealing with St. John's Water Management and
trying to obtain mitigation credits. He said. with regards to the requirement
of these permits with local gove~-~ltnents; their lobbying experience would
be helpful.
Mr. Chase said he would dearly like to have the opportunity to work with
the City of Longwood. He stated he feels lie has a tremendous amount to
contribute.
The Commission recessed at 4:SS p.m. and reconvened at 5:02 p.m.
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Mr. Inuit Ardaman, Esquire, 194.7 Lee Road, Winter Parr:, said he has
spent a lot of time in eminelit domain and has developed an extensive
practice there and all areas of municipal law. He stated he was currently
the City Attorney for the City of Winter Garden and tine City of Belle Isle.
I-Ie has had the privilege of serving as ~peeial Counsel for the City of
Longwood in eminent domain matters. He has worked for the City of
Belle Isle as their Assistant City Attorney for a number of years in
Planning and Zoning as well. He has been Special Counsel in the past for
the Town of Windermere and also Health Central as well as some others.
He said they have worked on a day tq day basis with Coirunissoners; City
Managers/Admiiustrators, and staff, in litigation and contract negotiations
and advising individual Connnissioners on Sunshine. Law, dealing with
administrative hearings, contracts, ordinances, corrnnunity redevelopment
agencies. He and Mr. Dan Langley are Board Certified in City/County
Local Government Law. He stated they also represent some property
owners and Homeowner Associations.
Mr. Dan Lan lg_ey, Esquire, 19n~7 Lee Road, Winter Park, said he was a
Florida State Graduate with a degree in Finance and Real Estate. He also
has a Masters in Business Administration and a Juris Doctorate from
Florida State University. He has been practicing for almost seven years.
C.C 12-01-09/610
He stated a significant portion of his practice has been devoted in
servicing their clients i~.l the municipal arerta and also some private work.
He represents the City of Winter Garden, City oCDeBary as their Assistant
City Attorney. He attends City ~~omtnission meeti~lgs on a frequent basis
and also Planning and Zoning I~oard and Code Enforcement Board.
meetings as advisor. He has extensive eminent domain experience, land
use experience, comprehensive plan experience, drafting ordinances,
development agreetnen:ts, Sunshine Law questions, Public records
questions; procurement matters, and finance matters. He declared they
have the right skill set to be the City Attonney for t:he City of Longwood.
Ms. Douglas asked whythey were interested in the position of City
Attorney for the City of Longwood.
Mr. Ardaman said he has had Elie privilege of representing the City for
about a year and three quarters (:l 3/4) now with respect to the eminent
domain matters and they have enjoyed it. l:Ie stated Longwood is a staple
of the conununity and has some, unique problems and issues other cities
don't have. He said the other cities they represent were also strong City
Manager/Administrator forms cif govenunent and similar to the City of
Longwood's form of government. IIe stated it was a natural fit for them
and it would take very little ti3r,.e for them to getup to speed.
Ms. Douglas asked there to explain their experience in municipal law, i.e.
municipal financial documents., preparation of State and Federal cases for
trial, planning issues, etc.
1Vir. Langley said on multiple occasions they have issued Attorney op:iiuon
letters for bonds for their city clients. Usually bat~lcs or underwriters
involved will require cities to obtain bond counsel to give opiiuons on
taxability or tax deferral issues:, but the City Attorney has to render
opinion with respect to the authority of the City to enter into those
financial. arrangements and they have done many of those. IIe Stated they
have provided input on budget~iry matters, statutes ~md process for
adopting budgets and millage :rates, and they have significant experience
in impact fee ordinance adoptions and creation. He said with respect to
litigation; they have defended their munciipal c:tients on many matters
including quasi. judicial matter;, comprehensive plan amendment
. challenges, and recently they went through an administrative hearing
process with the Department o Cotntnunty Affairs with a result their
client was happy with. He advised t11ey have been. involved with
challenges to zotung denials art:~.d have been successful in defending these
~in court. He stated they were involved on a weekly basis in providing staff
advice on comprehensive plan issues, zoning issues, and review of
development issues and input to Commission Members on these matters.
Mr. Andaman said their objective for all of their cities v~Tas to improve and
benefit the residents of the city and they try to help so to not li igate. He
CC 12-01-09/611
stated they have to be very cognizant of the media and. the citizen inaction.
He said their advice was not. just legal, it was practical, deals with
economics, and public relations.
Ms. Douglas asked them to give examples of their relationships with
Cormnissioners and Administration of other cities during Commission
meetings, i.e. proactive, reactionary, or laissez-faire, and during the
workday?
Mr. Ardaman said during the workday,. nights, or weekends, if the
Commissioner, City Administrator, or anyone on their staff has a question,
they can call them and will be available. He stated that before every
Commission meeting he checks with the City Administrator, Mayor, or
Commissioner to see hfthere was anything at issue so it c•an be talked
about in advance. He said if he sees the Commission going down the
wrong path during a Commission meeting, he will .step in and make some
suggestions or ask the Mayor for a recess so he can talk one-on-one with a
Corninissioner if need be.
Ms. Douglas asked them to fist any comprehe~~sive planning, actions or
Community Redevelopment Agencies (CRA) they have personally
participated in and to what extent,, tell about their land development
experience with regards to annexations, land u e changes, development
agreements, and economic development.
Mr. Lan6,oley said with respect to Comprehensive Planning their client, the
City of Winter Garden has been actively amending their Comprehensive
Plan for Evaluation and Appraisal Report (EAR) based amendments,
amendments for the Wekiva Parkway and Protection Act requirements,
and future land use amendments that. they have been involved in over the
last four to five years. Tliey have private experience in dealing with
Comprehensive Plan amendments for clients. He advised. the City of
DeBary attempted to create a CRA at one time and it°ultimately was not
successful, but they were. involved with some initial advice on that. He
stated the City of Winter Garden does have a CRA and they provide
advice to the CRA. He said they are familiar with the statute regarding
CRA's. He stated they have dealt with a lot of annexation issues. He said
they have also dealt with developers desiring to get their zoning in place.
He has drafted•a number of development agreements and pre-amiexation
agreements.
M"s. Douglas asked what type of relationships do they or their fii7n have at
the County, State and/or Federal level in regards to helping the City of
Longwood move forward?
Mr. Ardaman said they use lobbyis's at the State level and encourage their
city clients to use lobbyists at both the State and f ederal levels. He staled
at the county level they think it is important to have great relationships
CC 12-0T-09/612
with local leaders. He said they do not represent any other cities in
Seminole County and they do not want to have adjacent city
representation because of potential. disputes.
Ms. Douglas said the City of Longwood owns its own water utility, but
other privately owned utilities exist within the City limits or right outside
the limits. She asked if they had experience in dealing with utilities anal if
so, to what extent.
Mr. Langley said the Citry of W inter Garden,: which is on.e of their major
clients, has their own water utilities and sewer utilities. He stated they
were doing a major project no«~ where they have to relocate their utilities
on State Load 50. FIe said they deal with utility :matters when the Utilities
Department requests their advice.
Mr. Ardaanan said they were al:;o working with the City of DeBary on
. bond issues and stormwater assessments to be able to pay :for the
improvements to reduce :f7.oodirig.
Nlr. Lang_le~ said they also b.ave dealt with. franchise agreements and
ordinances for utilities.
Ms. Douglas asked what kind of turnaround time they would have in
getting ordinances, resolutions, contract review, etc. back to the City for
approval and. who would be the City's contact for these items.
Mr. Ardaman .said they were very prompt. He stated Mr. Langley was very
responsive and this was one of their great advantages. He said for a period
of time they both would: come to the Comnussion meetings until they both
become familiar with the issue, the City has and felt comfortable.
1VIs. Douglas said they have sta~:ed their rates for service within their
proposal. the asked if those rates were negotiable and what would the
City get for their money.
Nh•. Andaman said their actual rates were competitive and it would be very
hard to adjust the.llourl.y rates.:E-Ie stated they felt they did a great job on
the retainer amount to give the City a lot of ability to use them without
incurring additional costs. He advised their rates were typically higher
than. what they quoted.
Mr. han~ley said the City would get a very experienced hativ Firm with
experience in municipal legal services, two Board Certified attorneys in
City/County Local Government Law, the use of a Board Certified Labor
and Linployment lawyer, and they have the. ability to bring in a Police
legal advisor if ~lecessary. He stated there were other attorneys in their
firm that ].nave extensive municipal experience that can assist. He said their
law fine has performed services for the City of Longwood in the past and
CC :12-01-09/61,
has some knowledge of the City and would be able to work in transition
with the cui-rent City Attoniey to transition those services if they are
fortunate enough to be awarded the job.
Ms. Douglas asked if there was anything else they would like to address or
add that has not been addressed in this interview.
Mr. Ardainan advised they were "AV" .rated and this is the highest rating
available as a film and individually that can be given in addition to their
Board Certification ui City/Co,LU1ty Local Csovermnent Law. He said they
have five lawyers in their Film that are members of the City/County Local
Government Bar and they receive a letter quarterly from the Bar that is
very lielpfizl. He stated their firm has a meeting every week to talk about
issues and utilize their experience.
Commissioner~Bundy inquired what they thought was the most important
thing a City Attoniey does.
Mr. Andaman said to give good solid counsel and options to its
Commission and. City Administrator.
Mr. Lan lg_ey agreed and said their po iton was not fo dictate course of
action, but to provide options and tell them the pros and cons of those
options.
Commissioner Bundy said a real concern wa_s that with multiple
representations that they communicate with each other.
Mr. Andaman said initially he and Mr. Langley would both come to the
City Commission meetings to become familiar with the City's issues.
After a number of months, one of them would be the primary person.. He
stated they corrununicate following every meeting.
Mr. Lan~ley said they also communicate on a daily basis and they share
support staff.
Commissioner Sackett inquired what makes the City of Longwood unique
and what would they .have done different.
Mr. Andaman said what makes Longwood utvque was that it is an old City
and has a lot of history. He stated they have inherited and have to deal
with aging infrastructure and they have several major. thoroughfares
through the City that divides and creates unique problems. He said the
widening of State Road 434 provides some unique problems, but also
some opportuiuties. He .stated Longwood does not have the ability to grow
like some other cities,. but it was a redevelopment growth with unique
problems. He said he would have,had some conunuiiity meetings as they
CC 12-01-09/614
were a very good thing for local governments or send issues to a task
force.
Connnissi.onen Cortes iriquiled if their firm wou d have a problem with
forty to fifty (40 to 50) hours a :month devoted to the City of Longwood.
1\/Ir. Andaman responded in the :negative. He said their objective was to
give their client the best,possibl.e representation.
Commissioner Cortes inquired :if it would be up to the Commission to
choose one or would they determine which would be lead for the City.
Mr. Andaman said it would be the Commission's choice a11d they both
would be pleased to serve as thy; designated City Attorney.
Commissioner Cortes iiiqui.red what they thought was the most pressing
issue cities would be facing during the next year that ~,~ould require the
most attention.
Mr. Andaman said loss of revenues, problems from citizens due to loss of
jobs and,their revenues, foreclosures, and closures of businesses. He stated
from his perspective the. next yc;ar would be focused on the economy.
Deputy Mayor Durso askc,d fors an explanation of what their Board
Certifications are.
Mr. Andaman said they both are; Board Certified. and only 193 Attorneys
within the State were Board Certified in City/County Local Government.
IIe stated this means ,you have i:o practice a minimum of five years in
City/County or :Local Government. You have to have had very extensive
experience and you have to apx~ly to the Bar to be Board Certified, obtain
recommendations from five otr,.en Attorneys, then it goes to a eoznmittee. ,
If you qualify, then you talcs a very difficult, rigorous examination that is
focused on City/County Local csovet7zment.
Mn. Langley said when they received theirs letter from the Bar notifying
them, the Florida Bar states that Board Certification is the highest level of
evaluation by the Florida Bar that competency and experience of
Attorneys in th.e areas of law approved for certif cation by the Florida
Supreme Court. In accordance with the Florida :Bar rules of professional
conduct, Board Certifed Attonieys are the only lawyers. allowed to
identify themselves as experts c.~r specialists. He advised their firm also has
an Attorney that :is Board Corti:
ied in Labor Employment Law which is
also important. for a City to have legal advice in.
Deputy Mayor Durso inquired about their relationships in Seminole
County in a legal. context.
CC; 12-O1-09/615
Mr. Andaman said they have had many eases in Seminole County and are
familiar with the court procedures and. have dealt with untested matters.
He stated they have some relationships with the County Commissioners.
He said their firm represents the Alafaya Woods Homeowners
Association. T11ey also have had some clients t11at have developed
property in Seminole County. He advised that he did riot have that many
relationships with County Coinrnissioners in Seminole County.
Deputy Mayor Durso inquired if he was for or against Hometown
Democracy.
Mr. Andaman said his personal view was that it had some advantages and
disadvantages. Initially, he was opposed to it as it would require people to
vote on every Comprehensive Plan. He stated the Commission was
representatives of the public and elected by the public to review the data,.
do the research and make t11e decision. He said some of his cities have said
it was probably good if you have a very las:ge development or
redevelopment. He stated that development maybe opposed by the people
right next to it, but overall, the citizens may want that development.
Deputy Mayor Durso asked them to talk about their experience with
natural resource or environmental law, specifically consumptive use
permits and mitigation.
Mr. Andaman said lie has been through where art a number of occasions
they have to deter:mine if they want to spend the money to create the
mitigation for an impact through a wetland which may get passed though
the Mate governrneiital agencies or perhaps riot. He stated there were
clearly different levels in ratios of mitigation. He said they just went
through a consumptive use permit with the City of Winter Garden where '
they had to amend an existing permit due to their .growth.
Mr. Lanelg_ey said it was importantfor a lawyer to have knowledge of the
Floriela Administrative Procedures Act when dealing wit i State agencies.
He affirmed that their firm has a lot of knowledge and ex:pei-tise in
Administrative Procedures and how to deal with a challenge.
Mayor Maingot advised a Special Meeting will be held on Wednesday,
December 2, 2009 at 7:00 p.m. for the Cormnissioiz to decide on their next
City Attorney. He said the Purchasing Manager would contact applicants
regarding the Commission's decision.
CC 12-01-09/616
A~~~IUM< Mayor Maingot adjouni~;d the meeting at 6:09 p.rn.~
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CC 12-O1-09/617
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CC 12-01-09/618