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2008-07-08CITY OF OKEECHOBEE .JULY 8, 2008 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION CALL TO ORDER - Chairperson: July 8, 2008 Regular Meeting, 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Frank Irby Board Member Heather Hancock Board Member Marsha Montesi Board Member Andrea Nelson Board Member Penny Revels Board Member Rennae Sweda Alternate Member Randy Huckabee Alternate Member Les McCreary Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher ACTION - DISCU July 8, 2008 Code Enforcement Board meeting was called to order at 7:03 p.m. by Chairperson Gamiotea. Present Absent with consent Present Present Absent with consent (Les McCreary filled the seat for Member Nelson) Present Absent with consent (Randy Huckabee filled the seat for Member Sweda) Present Present Present Present Present Present PAGE 1 OF 4 IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Member Hancock moved to dispense with the reading and approve the Summary of Board Action for June 10, 2008; Summary of Board Action for the June 10, 2008 Regular seconded by Member McCreary. Meeting. VOTE GAMIOTEA - YES IRBY - ABSENT HANCOCK -YES MONTESI - YES NELSON - ABSENT REVELS - YES SWEDA - ABSENT HUCKABEE - YES MCCREARY - YES MOTION CARRIED. 567 AGENDA V. AGENDA - Vice Chairperson. JULY 8, 2008 - CEB REGULAR MEETING - PAGE 2 OF 4 BOARD ACTION - DISCUSSION - VOTE A. Requests for the addition, deferral or withdrawal of items on IIIThere were no requests for the addition, deferral, or withdrawal of items on today's agenda. today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : No. 07-161 William Davis. 1100 Blk NW 7' Street Ch 30 Sec 30-44 General cleaning and beautification No. 08-030 Jose & Maria Cisneros. 608 SE 10`h Avenue Ch 70 Sec 70-302 Permit Code Officer Sterling testified the property owner met with Chief Smith and discussed burning the pile of debris that was left when the property was cleaned . Chief Smith stated the property owner would need approximately two weeks to complete the work. Member Huckabee moved based on the testimonies of the Code Officer and the Fire Chief to postpone Case 07-161 until the next regularly scheduled meeting; seconded by Member Revels. VOTE GAMIOTEA - YES IRBY - ABSENT HANCOCK - YES MONTESI - YES NELSON - ABSENT REVELS - YES SWEDA - ABSENT HUCKABEE - YES MCCREARY - YES MOTION CARRIED. Code Officer Sterling testified property owner has turned in the sealed plans to the building department and is now in compliance. Member Montesi moved to find Case 08-030 was in violation of Sec 70-302 but is now in compliance and will be dismissed; seconded by Member Revels. VOTE GAMIOTEA - YES IRBY - ABSENT HANCOCK - YES MONTESI - YES NELSON - ABSENT REVELS - YES SWEDA - ABSENT HUCKABEE - YES MCCREARY - YES MOTION CARRIED. 1 71, JULY 8, 2008 -CEB REGULAR MEETING - PAGE 3 OF 4 AGENDA IF BOARD ACTION - DISCUSSION - VOTE No, 08-060 Code Officer Sterling testified notice of violation had been mailed to the property owner's address in New Jersey and she is now Marie Fenton. 700 Blk SE 12`h Street living in Okeechobee. Therefore, she did not receive the notice until a few days ago. Code Officer Sterling stated Ch 30 Sec 30-44 General cleaning and beautification Ms. Fenton called him today and requested an extension until next month to get the property cleaned. Member Montesi moved to postpone Case 08-060 until the next regularly scheduled meeting; seconded by Member Revels. VOTE GAMIOTEA - YES IRBY - ABSENT HANCOCK - YES MONTESI - YES NELSON - ABSENT REVELS - YES SWEDA - ABSENT HUCKABEE - YES MCCREARY - YES MOTION CARRIED. No. 08-070 Code Officer Sterling testified in the past this property owner had always mowed the property when he received the notice Kevin Sallette. 913 SE 10" Street to appear. However, this time the certified notices were returned and the notice had to be posted on the property. Code Ch 30 Sec 30-44 General cleaning and beautification Officer Sterling said as of today nothing has been done to clean the property. Member Montesi moved to find Case 08-070 in violation of Ch 30 Sec 30-44 imposing a fine of fifty dollars per day beginning July 15, 2008; seconded by Member Revels. VOTE GAMIOTEA - YES IRBY- ABSENT HANCOCK - YES MONTESI - YES NELSON - ABSENT REVELS - YES SWEDA - ABSENT HUCKABEE - YES MCCREARY - YES MOTION CARRIED. No. 08-077 Code Officer Sterling testified the property owner had contacted him last week after receiving the notice to appear and she Linda Foley. 805 SW 111 Avenue Ch 30 Sec 30-41 Disabled vehicles & Sec 30-43 Public has removed the debris but the disabled vehicles are still on the property. Member Revels moved to find Case 08-077 in violation of Ch 30 Sec 30-41 imposing a fine of fifty dollars per day beginning ten days from July 8, 2008 with certified notice nuisances of the board order sent to property owner and property posted; seconded by Member Huckabee. VOTE GAMIOTEA - YES IRBY- ABSENT HANCOCK - YES MONTESI - YES NELSON - ABSENT REVELS - YES SWEDA - ABSENT HUCKABEE - YES MCCREARY - YES MOTION CARRIED. 569 AGENDA VII. REQUEST TO REMOVE ANDREA NELSON FROM CODE BOARD DUE TO EXTENSIVE UNEXCUSED ABSENCES AS PER FLORIDA STATUTE 162.05(3)(e) ADJOURNMENT - CHAIRPERSON GAMIOTEA. G amie Gamiotea, Chairperson ATTEST: �� Sue Christopher,Secretary PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Code Enforcement Board media is for the sole purpose of backup for official records of the fire department. JULY 8, 2008 - CEB REGULAR MEETING - PAGE 4 OF 4 BOARD ACTION - DISCUSSION - VOTE Chairperson Gamiotea read FL Statute 162.05(3)(e) as follows: "If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the member's office vacant, and the local governing body shall promptly fill such vacancy." Chairperson Gamiotea also informed the board Ms. Nelson's absence was due to the illness and death of her sister in New York. The board seemed somewhat hesitant to take action. However, Attorney Cook advised the Board according to FL Statues the only options were to either postpone the matter until the next meeting or to take action declaring the position vacant and request City Council fill the position. Member Montesi moved based on FL Statute 162.05(3)(e) to declare the position vacant and request City Council fill the position; seconded by Member Hancock. VOTE GAMIOTEA - YES IRBY- ABSENT HANCOCK - YES MONTESI - YES NELSON - ABSENT REVELS - YES SWEDA - ABSENT HUCKABEE - YES MCCREARY - YES MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:46 P.M. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a City Code Enforcement Board Meeting Notice - P0#13820 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 In the Court, was published in said newspaper in the issues of 07/03/2008 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. lame A. Hughes, Jr., (Publisher' ' Sworn to and subscribed before me this 3 k,49 -- day of A.D. 2008 (SEAL' Notary Public NOTARY PUBLIC -STATE OF FLORIDA Rosealee A. Brennan . Commission #DD766393 ,, Expires: JUNE 25, 2012 E41;DED'fHRU ATLANTIC DosDLNO Co., ViC. CITY CODE ENFORCEMENT BOARD MEETING NOTICE ISMM=Y GWEN that the City of Okeechobee Code Enforcement Board Meeting will be on Tuesday, July 8, 2008, at 7:00 p.m. City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida The public is invited and encouraged to attend. For a copy of the agenda contact Sue Christopher at the City Fire Depart- ment 763-4423. PLEASE TAKE NOTICE AND BEADVISED .that if any person desires to ap- peal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Media is for the sole purpose of back-up forof8cial records of theFire Depart- ment. In accordance with The Americans with Disabilities Act (ADA) and Florida Statute 286,26, persons with disabilities needing special accommodation to participate in this proceeding should contact Sue Christopher no later than two (2) working days prior to proceeding at 863- 7634423; if you are hearing or voice. impaired, call TDD 1-800-955-8770 (voice) or 1-800-955- 8771 (TTY). by: Mack Worley, Jr., CODE BOARD CHAIRPERSON Sue Christopher, Board Secretary Publish:07/03/2009 - Okeechobee Times CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD JURY 8, 2008 OFFICIAL AGENDA CALL TO ORDER - Chairperson: July 8, 2008 Regular Meeting, 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Frank Irby A - Board Member Heather Hancock Board Member Marsha Montesi Board Member Andrea Nelson - 2xcSec� Board Member Penny Revels ✓ \ Board Member Rennae Sweda� - e,KcLs,?J f J Alternate Member Randy Huckabee ✓ Alternate Member Les McCreary Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling ✓ Secretary Sue Christopher IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the June 10, 2008 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. TO-3 iO .V,r� lf� PAGE 1 OF 2 PAGE 2 OF 2 VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 07-161 William Davis 1100 Blk NW 7' Street 08-030 Jose & Maria Cisneros 608 SE 101 Avenue 08-060 Marie Fenton 700 Blk SE 12" Street 08-070 Kevin Sallette 913 SE 10`h Street 08-077 Linda G. Foley 805 SW 11' Avenue Violation Ch 30 Sec 30-44 General cleaning and beautification Ch 70 Sec 70-302 Permit Ch 30 Sec 30-44 General cleaning and beautification Ch 30 Sec 30-44 General cleaning and beautification Ch 30 Sec 30-41 Disabled vehicles and Sec 3043 Public nuisances VII. REQUEST TO REMOVE ANDREA NELSON FROM CODE ENFORCEMENT BOARD DUE TO EXTENSIVE UNEXCUSED ABSENCES AS PER FL STATUTE 162.05(3)(e). VIII. ADJOURN MEETING - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the City Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Code Enforcement Board media is for the sole purpose of backup for official records of the Fire Department. '�''��-nn; Eli � �� � u,�a �-�U��r,-►� ;. ce og-v�o �L�"-Q-� "l�-"�' (•L� `�f�X _�fL,C�2�(,,L'��-Ciil� `��-�C{/ liad k� �' 61u-iy S ZOo$ City of Okeechobee Code Board Meeting July 8, 2008 h Case #07-161 Untended Vegetation & General Cleaning William Davis NW 111h Ave. B/T 61h & 71h Streets 10/08/2007 — Property overgrown, in need of general cleaning. 11 / 11 /2007 — Spoke to Mr. Wm. Davis, he is trying to get court approval to clear property. 11 /21 /2007 - Sent Notice of Violation. 01/16/2008 — Inspected property, not in compliance. 02/18/2008 — Inspected property, not in compliance. 03/17/2008 — Spoke to Mr. Wm. Davis, work will commence this weekend. 03/24/2008 — Inspected property, work in progress. 04/07/2008 — Spoke to Mr. Wm. Davis, in process of getting property cleared. 04/23/2008 — Inspected property, not in compliance. 04/29/2008 — Property cleared, all vegetation left in piles on property. When piles removed, property will be in compliance. 05/30/2008 — Spoke with Mr. Wm. Davis, He stated that the piles of vegetation would be removed by July 1, 2008. 06/10/2008 — City of Okeechobee Code Enforcement Board postponed this case till meeting of 07/08/2008. 06/25/2008 — Inspected property, not in compliance. 07/03/2008 — Requesting postponement per Chief Smith. He has worked out an agreement with Chief Smith to clear property Case #08mO3O No Building Permitfor Work Done Jose Manuel Cisneros • 06/10/2008 — Case postponed until July 8 Code Board Meeting to allow Mr. Cisneros to submit sealed plans 06/25/2008 — Mr. Cisneros submitted sealed plans. Now in compliance. Case #08-060 Untended Vegetation & General Cleaning Marie Fenton 700 Block SE 12t" Avenue • 03/24/2008 — Inspected property, overgrown and debris scattered throughout the • 03/25/2008 property. — Sent Courtesy Letter. • 04/07/2008 — Inspected property, not in compliance. • 04/30/2008 — Sent Notice of Violation. • 05/19/2008 — Inspected property, not in compliance. • 06/09/2008 — Inspected property, not in compliance. • 06/ 11 /2008 —Notice of Violation returned, unable to forward.. • 06/12/2008 — Posted property with Notice of Violation. • 06/23/2008 — Inspected property, not in compliance. • 06/27/2008 — Posted property with Notice of Hearing. • 07/07/2008 — Inspected property, not in compliance. • 07/08/2008 — Spoke to Ms. Fenton, she said she just received notice. Moved from NJ in December. Purchased a home in Okeechobee but spends a lot of her time in W. Palm Beach. Gave her an extension till the next Code Board meeting in August. Case #08-070 Untended Vegetation & General Cleaning Kevin Lee Sallette 913 SE loth Street • 04/17/2008 — Inspected property, overgrown in need of mowing. • 04/21 /2008 — Sent Courtesy Letter. • 05/07/2008 — Inspected property, not in compliance. • 05/08/2008 — Sent Notice of Violation. • 05/28/2008 — Inspected property, not in compliance. • 05/30/2008 —Notice of Violation returned, unclaimed. • 06/04/2008 — Posted Notice of Violation. • 06/12/2008 — Inspected property, not in compliance. Posted property with Notice to Appear. • 06/24/2008 — Inspected property, not in compliance. • 07/07/2008 — Inspected property, not in compliance. , .,: � © \< \� � �� yam, \�: � :�� 14' 46 05/22/2008 —. New case #08-077 opened with the additional items added and the items that were corrected deleted from the new case. 06/09/2008 — Inspected property, not in compliance. 06/10/2008 — Mr. Frank Jones came in and stated that he had been working for Ms. Foley doing repairs and alterations to the property. He stated that Ms. Foleys brother was living in the trailer parked along side the house. He stated he would be available to testify if needed. 06/24/2008 — Sent Notice of Hearing. :- 4,�* , j s :s xh1b& #z, CODE ENFORCEMENT BOARD ��! g/ ZOOg Case No. Name July 8, 2008 1 04-025 Joe & Johnny Brown 803 NW 1211 Street Fine Started 90 Days $10/day 4101105 6/29/05 Code Board Action 3/8/05 - Imposed fine on 4/1/05 for overgrown vegetation/debris 8/9/05 - Recommend to proceed with foreclosure (approved 8/16/05) 9/12/06 - Recommend property be declared a public nuisance 2/14/07 - In compliance as of 2/14/07- fine stopped 04-026 Gloria & Mary Brown 800 Blk NW 12 St. $10/day 12/15/04 3115105 11/9/04 - Imposed fine on 12/15/04 for overgrown vegetation 8/9/05 - Recommend to proceed with foreclosure (approved 8/16/05) 9/12/06 - Recommend property be declared a public nuisance 06-172 John & Susan Harmer 1002 SE 8' Drive $250/day 8/09/06 11/7/06 9/12/06 - Imposed fine on 8/9/06 for general cleaning & commercial vehicles - In compliance as of 10/16/06 - fine stopped 1/09/07 - Recommend to proceed with foreclosure (approved 2/6/07) 07-014 Okeechobee -FL Prop. 2000 Blk. S. Parrott $50/day 4/19/07 7/17/07 4/10/07 - Imposed fine on 4/19/07 for overgrown grass and cleaning. 9/11/07 - Recommend to proceed with foreclosure not approved ) - In compliance as of 10/19/07 - fine stopped 07-026 Jenkins & Hauser 1104 SE 8 Drive $50/day 4/18/07 7/16/07 4/10/07 - Imposed fine on 4/18/07 for general cleaning & disabled vehicle. 9/11/07 - Recommend to proceed with foreclosure (approved 10/2/07) - In compliance as of 10/5/07 - fine stopped 07-077 William Rose 928 SW Park Street $25/day 9/26/07 12/24/07 9/11/07 - Imposed fine on 9/26/07 for occupational licenses & sign permits 1/08/08 - Recommended to proceed with foreclosure not approved) - In compliance as of 1/15/08 - fine stopped 07-150 Jason Estes & Kristy Petty $25/day 3/9/08 6/6/08 1/08/08 - Imposed fine on 3/9/08 for migrant housing without 608 SE 12`h Avenue a special exception - In compliance as of 4/23/08 - fine stopped 07-160 Arthur Davis 1100 Blk NW 6"' Street $25/day 6/30/08 9/27/08 6/10/08 - Imposed fine on 6/30/08 for general cleaning. * aiutes & Uonstrtution :View Statutes :->2UU2->UhU 161->Nection U) : Vniine Nunstune rage z or z Thereafter, any appointment shall be made for a term of 3 years. (c) The local governing body of a county or a municipality that has a population of less than 5,000 persons may reduce a seven -member code enforcement board to five members upon the simultaneous expiration of the terms of office of two members of the board. (d) A member may be reappointed upon approval of the local governing body. (e) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the enforcement board shalt declare the member's office vacant, and the local governing body shalt promptly fill such vacancy. (f) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. (4) The members of an enforcement board shall elect a chair, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven -member enforcement board, and the presence of three or more members shall constitute a quorum of any five -member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as are otherwise provided by taw. (5) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities. History.--s. 1, ch. 80-300; s. 5, ch. 82-37; s. 4, ch. 86-201; s. 2, ch. 87-129; s. 4, ch. 89-268; s. 1, ch. 94-291; s. 1441, ch. 95-147. Note. --Former s. 166.055. Copyright © 1995-2005 The Florida Legislature • Privacy.5tatement • Contact Us http://www.leg. state.fl.us/Statuteslindex.cfin?App_mode=Display_Statute&Search_String=... x 09 W C4 7/5/2005 r CODE ENFORCEMENT BOARD ATTANDANCE RECORD "2008" Board Member Absences Chairperson Gamiotea 3/11 Vice Chairperson Irby 2/12, 4/8, 6/10* Member Montesi 1/8*, Member Nelson 1/8*, 2/12*, 3/11, 4/8*, 5/13*, 6/10* Member Sweda 2/12, 4/8 Member Revels Member Hancock 2/12, 4/8, 6/10 Alternate Huckabee 5/13, 6/10 Alternate McCreary * Absent without consent CODE ENFORCEMENT BOARD ATTANDANCE RECORD "2007" (Jan - Oct) Board Member Chairman Worley Vice -Chairman Gamiotea Member Castorina Member Irby Member Montesi Member Nelson Member Sweda Alternate Revels Alternate Hancock * Absent without consent Absences 6/12 4/10, 9/11 6/12, 9/11 1 /9, 6/ 12, 7/10 3/13, 4/10 (neck surgery), 9/11 1/9, 3/13, 4/10, 5/8, 10,9 1/9, 7/10 1 /9, 7/ 10 4/10, 7/10 CODE ENFORCEMENT BOARD ATTANDANCE RECORD " 2006" Board Member Chairman Worley Vice -Chairman Gamiotea Member Irby Member Montesi Member Nelson Member Sweda Member Castorina Alternate Revels Alternate Hancock * No absences without consent Absences 2/14 4/11, 6/13 5/9, 7/11 10/10 1/10, 3/14, 4/11, 5/9, 6/13, 8/8, 9/12, 10/10 1/10, 3/14, 6/13, 7/11, 8/8, 9/12 (Rennae was having some health problems) 5/9, 7/11 4/11, 5/9, 7/11 2/14, 5/9 CODE ENFORCEMENT BOARD ATTANDANCE RECORD "2005" Board Member Chairman Worley Vice -Chairman Gamiotea Member Irby Member Montesi Member Nelson Member Sweda Member Castorina Alternate Revels Alternate Hancock * Absent without consent Absences None 1/11, 7/12, 11/8 2/8 1/11, 3/8, *6/14, 7/12, 12/13 (Marsha was working at night) 2/8, 3/8, 6/14, 7/12, *8/9, 9/13 11/8, 12/13 4/12, 8/9, 12/13 * 1/11, 3/8 2/8, 8/9 6/14 CODE ENFORCEMENT BOARD ATTANDANCE RECORD "2004" Board Member Absences Chairman Worley None Vice -Chairman Gamiotea 4/13, 6/8, 10/12 Member Irby 7/13 Member Montesi 11/9 Member Nelson 3/9, 6/8, 7/13 Member Sweda 3/9, 6/8, 7/13, 11/9 Member Weisser 6/8, 7/13, 11/9 Alternate Castorina None Alternate Revels None CODE ENFORCEMENT BOARD ATTANDANCE RECORD " 2003" Board Member Chairman Worley Vice -Chairman Gamiotea Member Irby Member Montesi Member Nelson Member Sweda Member Weisser Alternate Castorina * This was the only absence without consent. Absences 2/11/03 8/12/03, 10/14/03 None 4/8/03, 7/8/03,* 9/9/03, 12/9/03 3/11/03, 6/10/03, 7/8/03, 12/9/03 2/11/03, 10/14/03, 12/9/03 1 / 14/03, 7/8/03, 10/14/03 2/11/03, 10/14/03