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HomeMy WebLinkAbout01-17-2023 Supporting DocumentsLandry, Amber From: Sibbitt, Melanie Sent: Wednesday, January 11, 2023 11:41 AM To: City Clerk DL Subject: FW: Information We Discussed Regarding Donation Bins (Attachments) Attachments: Speaker Form website (2022) 17 January 2023.pdf; Libby's Legacy Sponsorship.pdf For January 17th Supporting Dcouments. From: Gary Tolley <gtolley@atrsonline.com> Sent: Wednesday, January 11, 2023 10:11 AM To: Sibbitt, Melanie <msibbitt@ci.ocoee.fl.us>; Citizens <Citizens@ci.ocoee.fl.us>; Brian Papenfuss <Brianp@atrsonline.com> Subject: Information We Discussed Regarding Donation Bins (Attachments) Good morning Ms. Sibbitt, I appreciated the time you both took to meet with me regarding the city's position on donation bins. Attached you will find: 1. Completed Speaker Form (January 171" meeting) 2. Libby's Legacy Sponsorship Package Could you do me the courtesy of forwarding this information to the Commissioners along with the following message? Thanks in advance. Dear City Commissioners, You may be aware of Libby's Legacy Breast Cancer Foundation, established to help the underserved women of our communities by providing free mannograms and other related services to those who might otherwise not be able to afford them. Their work is truly life-saving. As the Community Relations Advocate representing Libby's Legacy, it is my job to work with area businesses and garner support for the fundraising program we have in place. This is a major part of funding for Libby's Legacy and was instrumental in keeping their doors open during the pandemic. From reading your biographies on the city's website, I understand you are not against charitable endeavors. However, what we do to raise money may not be a strategy you support. It is my sincere hope that we can open a dialogue in order for us to explain the differences between us and other shoe and clothing bin operators. (Image below is from Wafffle House on S Bluford Ave. This is what our bins would look like had they been delievered to Waffle House, who is one of our supporters.) I was shown photos of numerous blue bins that have appeared in the city recently. The company responsible has placed bins without permission or even a conversation with the business owners to ask for support in the past. There are several companies in this industry that do not do what is right, impacting those of us who do. Worse yet, some operators do not service their bins regularly, causing build up of donations to be left outside. We are different. I visit with store managers to request their participation. Our bins are serviced twice a week and when needed. Each sponsor has my direct number in the event that product is left outside a bin and we provide a 24 hour, toll free number for people to call for service. Currently there is no permitting process for bins within the City of Ocoee. I was informed that for a bin to be placed within the city, it would be required to be screened from view from adjacent roads or parking areas, which would render them useless. In the spirit of fairness, we would like to present our program to the Commission in an upcoming meeting or schedule a workshop to present ways we can help create an equitable permitting process. We have helped write guidelines for the City of Lake Wales that had their best interest in mind, while avoiding any First Amendment issues they would be faced with or legal challenges to their decision. We are looking forward to working with you. Thankyou AMERICAISI RECYCLING rg SEMtE CITY OF OCOEE 1 N. Bluford Avenue OCOP - Ocoee, Florida 34761 floOda 407-905-3100 SPEAKING RESERVATION FORM NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are open to inspection by all persons. DATE NAME NIWI: 4:aVa211 :a011 1140111111111111111 W10 (OPTIONAL) ADDRESS E-MAIL CITY I want to address the Board about (Please provide Item # and/or topic): ZIP CODE Do you have a prepared statement, or other document(s) from which you will address the Board? No Yes if yes, please attach copy of same to this Reservation Form. All proceedings before the Commission shall be governed by the Civility ode see back The following time limits to speak are in effect: Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. Open to Public — Citizens Comments - 3 minutes per speaker, per meeting. CITY OF OCOEE CIVILITY - adopted July 1, 2003. Pursuant to Resolution No. 2003-16 adopted on July 1, 2003, the following Civility Code shall govern all proceedings before the City of Ocoee City Commission and Boards: 1. All electronic devices, including cell phones and pagers, shall be either turned off or otherwise silenced. 2. Prolonged conversations shall be conducted outside Commission Chambers. 3. Clapping, whistling, heckling, gesturing, loud conversations, or other disruptive behavior is prohibited. 4. Only those individuals who have submitted speaker forms and who have been recognized by the Mayor (or Chair) may address comments to the Commission (or Board). 5. Comments at public hearings shall be limited to the subject being considered by the Commission. 6. Comments at Citizens Comments shall be directed to City issues. 7. All public comments shall avoid personal attacks, abusive language, and redundancy. 8. No person attending a Commission or Board meeting is to harass, annoy or otherwise disturb any other person in the room. Any member of the public whose behavior is disruptive and violates the City of Ocoee Civility Code is subject to removal from the Commission (or Board) meeting by an officer and such other action as may be appropriate. ,a Dear Community Leader, Did you know that you can save lives just by saying "YES!"? Libby's Legacy Breast Cancer FOUndation, your local breast cancer non-profit, has partnered with American Textile Recycling Service (ATRS) and we invite you to join us in our efforts to provide comprehensive life-saving services and to make sure nobody has to fight breast cancer alone. All you have to io is say, "Yes!" to hosting a Libby's I-egacy Clothing & Shoe Donation bin at your property. Were's how it xv How Clothing Donations Supports Our Community The Clothing & Shoe Donation bin partnership raises much -needed monthly funding for Libby's Legacy by collecting gently used, unwanted clothes, shoes, toys and household textiles. These items are reused, repurposed and redistributed where most needed. The simple act of hosting a bin at your location will help us serve those in need of affordable used clothing, protect the environment and save the lives of breast cancer patients. Many local businesses are already proud partners — and together have generated thousands of dollars to save thousands of lives — just by hosting a bin. About ATRS ATRS is a reputable business in our community, abides by all city zone ordinances and adheres to the SMART industry association Code of Conduct. We are very grateful to be affiliated with the ATRS Clothing & Shoe Donation Program. Aelp _UsLftst n Rin By hosting a bin, which is clearly marked with our logo, you send a message that your company cares. It's that simple- all you have to do is say, "YES!" to hosting a bin and you'll be making a ,i.ifference for people in our own community. Breast cancer affects one in eight women ... and we need your help to save them. They need your help. kUTJlIV=# �' Tracy Harris Executive Director Libby's Legacy Breast Cancer Foundation 407-898-1991 Libby's Legacy is a registered 501 c3 non profit Tax ID # 11-3812766 Solicitation of Contribution #CH25850 All donations are tax deductible to the extent allowed by law 866-900-9308 ,, wwv,1.atrscOrp,,,o.,m, I facebook,conn./atrscorp (,,,,_Da1..rsre5,,yc1ing As a Donation Bin Site Host, you authorize ATRS to place a Clothing and Shoe Donation Bin at a mutually ,?.greeable location on the below named property. ATRS will regularly collect the donated used clothing ,i?.nd various household items to be processed and recycled in the ordinary course of its business. Libby's Legacy has partnered with ATRS and as per its contract receivesl 00% of the market value of every pound collected. To learn more about Libby's Legacy, and ATRS please visit http://atrscorp.com/contact/ Service Donation Bins as often as necessary to prevent overflow. Maintain Bins in satisfactory condition both structurally and in appearance. Keep area clean from all debris within a minimum of ten (10) feet of the Bin. Be responsible for obtaining any City permits, if required, at AIRS expense. Maintain $ 1,000,000 of liability insurance for this location. Respond to questions from you and the public through the ATRS 24-Hr Hotline posted on every bin. Respond promptly to any concerns within 24 hours. Advise Authorized Agent of any Unauthorized Bin Placement on property. Market and promote your destination. Thanks for your support in allowing the placement of this donation bin. In the event you change your mind for any reason it will be removed within 72 hours from your authorization. I a WON= I Communit RelationsAdvocateNja Email Community Relations Advocate Signature Authorized Agent Signature Date Date 866-900-9308 - www,atrscorp.conri facebook.co,,,,,�,,"i"a,trscorp @atrs�'ecycling • As a Donation Bin Site Host, you authorize ATRS to place a Clothing and Shoe Donation Bin at a mutually agreeable location on the below named property. ATRS will regularly collect the donated used clothing and various household items to be processed and recycled in the ordinary course of its business. Libbivi's Le,,wacii has cartnered with AIRS and as ,#�er its contract receives 100% of the market valueofevery pound collected. To learn more about Libby's Legacy, and ATRS please visit http://atrscorp.com/contact/ Service Donation Bins as often as necessary to prevent overflow. Maintain Bins in satisfactory condition both structurally and in appearance. Keep area clean from all debris within a minimum of ten (10) feet of the Bin. Be responsible for obtaining any City permits, if required, at AIRS expense. Maintain $ 1,000,000 of liability insurance for this location. Respond to questions from you and the public through the ATRS 24-Hr Hotline posted on every bin. Respond promptly to any concerns within 24 hours. Advise Authorized Agent of any Unauthorized Bin Placement on property. Market and promote your destination. slt�vplorl rn omn,�V 711"Pacellien TFS Itur ne Trent joll, crial Ve T• 'Oiff mind for any reason it will be removed within 72 hours from your authorization. n.on Of.= A Community Relations Advocate Na American Textile Recycling Servicle Email Community Relations Advocate Signature Authorized Agent Signature Date Date Please use this form to apply for appointment to a citizen advisory or quasi-judicial board. Completed applications must be signed and submitted to the Office of the City Clerk, 1 N. Bluford Ave., Ocoee, FL 34761 or emailed to ccdl@ocoee.org. Applications are valid for one (1) year from the date of submission. Please direct any questions to the Office of the City Clerk, 407-905-3105. All submitted applications are public records under Chapter 119, Florida Statutes, and are open to inspection by all persons. Name (please print) Roman Whittle E-mail Address romanwhittle@aol.com Home Address 2632 Hornlake Circle, Ocoee, FL 34761 Phone 704 309-9158 City Resident at Least 6 Months? (,-/l Yes ❑ No City District # 4 When possible, equal representation for all districts shall be maintained on all advisory boards, and the City Commission shall consider the demographic makeup of the board upon making their appointment. Place of work Alliance One Ins Position Project Manager Business Address 4974 ORL Tower Road, Orlando, FL 32807 US Citizen? ❑✓ Yes ❑ No Registered Voter? F,71 Yes ❑ No City Employee? ❑ Yes E] No Dept. Presently Serve on Quasi-judicial Board? ❑ Yes Fv_J No If yes, please describe State law prohibits service on more than one quasi-judicial board or elected/appointed office. Please indicate the board(s) for which you seek appointment by the City Commission. Financial disclosure and/or background checks are required for certain citizen board members; see footnotes. Citizen Advisory Council for Fire Dept.' ❑ Parks & Recreation Advisory Board' Citizen Advisory Council for Police Dept.' ❑ Planning & Zoning Commission' Code Enforcement Board' Personnel Board General Employees' Retirement Trust Fund Board of Trustees' ❑ Police Officers' and Firefighters' Retirement Trust Fund Board of Trustees' Human Relations Diversity Board' ' Financial disclosure forms must be submitted after appointment to a quasi-judicial board. ' Background checks are required before a member may participate in public -contact events. Is this for Reappointment? ❑ Yes❑✓ No Have Attended at Least 1 Meeting of Requested Board(s)? ❑ Yes 0 No You are strongly encouraged to attend at least one meeting of any board for which you seek appointment prior to submitting your application. List any education, experience, and/or skill or civic involvement that would be relevant to serving on a board. Is a Resume Attached? E✓ Yes® No Education: Swarthmore College, Swarthmore, PA (BA) & Wake Forest University, Winston Salem, NC (MBA) Experience: managed teams for sales and operations- sales (Johnson & Johnson, Disney) operations- EGIS Projects & Alliance One / Teleperformance Workforce Advisory board (youth council chair)- Mecklenburg Co, North Carolina Special Knowledge or Skills: management, finance, human resources, communication, problem solving, life long learner Workforce Advisory Board Youth Council -Mecklenburg Co, North Carolina; Project Management Institute Community/Civic Organizations &Involvement: board member of Friends of Fourth Ward (Charlotte, NC); Why Catholic Presenter / Usher for St Gabriel's Church; mentor Disney Dreamer Academy Hobbies or Special Interests: golf, music, running / walking, football, history ACKNOWLEDGMENT (Check Below): ® 1 understand that in accordance with the Florida Sunshine Law, this information will be available for public review and I waive any objections to such publication. ® If appointed, I agree to faithfully and fully perform the duties of the Board, make every endeavor to serve my full term, and will comply with all laws or Ordinances of the City, County, and State of Florida. 1 understand, if appointed, an updated application must be submitted to seek appointment to another advisory board. ® I understand that Financial disclosure forms must be submitted after appointment to a quasi-judicial board. STATE REPORTING REQUIREMENTS Section 760.80, F.S., requires the City submit a report annually to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes below: Race Gender Disability Q African -American 0 Male ❑ Physically Disabled 0 Asian- American Q Female Q Hispanic -American 0 Native American Q Caucasian By my signature below, I attest that the information provided herein is true and correct, and 1 acknowledge and agree that a background check will be required when my duties include contact with the public. Signature Roman Whittle Date 16 Jan 2023 Roman J Whittle 2632 Hornlake Circle, Ocoee, Florida 34761 / cell: (704) 309-9158 / email: romanwhittle@aol.com A distinguished career in management with a history of performance success through recruiting, training, development, business planning, marketing & collaborating. My skill set include outstanding communication abilities demonstrated through building relationships, transferring information in large & small group formats. My experiences have allowed me to build top performing teams by building consensus listening to different perspectives and understanding our business and volunteer environment. In my current role, I work with various stakeholders in government & commercial capacities where we work together for common goals. Work History • Building winning teams through effective recruiting, training and developing people • Consistent history of performing at or above sales goals with Johnson & Johnson, Disney Vacation Club where promotions occurred multiple times, demonstrating advanced capabilities & expertise • Creating business plans, marketing strategies and tactics to stay ahead of competition • Ongoing learning to keep up with industry normal & advancements • Managing and developing projects to grow business and seek new avenues of revenue • Partnering and building relationships with corporate, government & volunteer organizations • History of developing training techniques and advancing individual & team performance Alliance One / Teleperformance Special Project Manager, Client Services Manager Jun'21 to present • Manage a team of 4 leads and 8 customer service agents to run a project to deliver portable transponders to customers visiting Orlando International airport through a vending machine • Build a new business model creating standard operating procedures to run business from Sam until 12am, seven days a week • Coordinate & communicate with private & government stakeholders' daily project functions, needs, problems & solutions. • Problem solves for internal and external challenges and develop a risk strategy to mitigate hurdles / problems • Hire and develop agents to deliver customer service excellence through training project processes, customer engagement practices & professional behaviors • Deliver monthly reports to show performance of project through trend analysis of customer usage, customer satisfaction scores, operation management (refunds, bad debt) Alliance One / Teleperformance Client Services Manager, Visitor Toll Pass Manager Sept'20 to Jun '21 • Manage a team of 3 supervisors and 14 agents on the night shift to handle incoming calls for E-Pass / CFX customers, adjusting to reducing team due to COVID-19 challenges • Deliver daily business updates on operations duties and responsibilities, producing reports for project manager, and used as a communication tool for peers & stakeholders • Problem solve for internal and external challenges and develop a risk strategy to mitigate hurdles / problems • Demonstrated strong ability to build relationships with CFX/client, internal management & stakeholders to communicate evolution of Visitor Toll Pass Project • Adapting / Incorporating new systems & services during transition period to AOI EGIS Projects Project Manager, Visitor Toll Pass Project March'19 to Aug'20 • Manage a team of 6 supervisors and 38 customer service agents to run a new project/enterprise to deliver portable transponders to customers visiting Orlando International airport • Build a new business model creating standard operating procedures to run business from Sam until 12am, seven days a week • Coordinate & communicate with private & government stakeholders' daily project functions, needs, problems & solutions. • Problem solve for internal and external challenges and develop a risk strategy to mitigate hurdles / problems Hire and develop supervisors and agents to deliver customer service excellence through training project processes, customer engagement practices & professional behaviors Deliver monthly reports to show performance of project through trend analysis of customer usage, customer satisfaction scores, operation management (refunds, bad debt) Supervisor, Visitor Toll Pass Project July'18 to March '19 • Train customer service team to work in a newly conceived project at Orlando International airport • Develop training modules — soft skills (listening, building trust, handling objections) & technical skills (computer systems, job responsibilities) • Create & improve training manual sections- develop training resource to deliver details & business objectives • Improve business plan, project vision, mission and way of doing business — build out details on market place, business goals & expectations, and intentional mindset • Learning the toll industry and envision a new product & project to grow business- fast track learning & experience on job has given me incredible insight in this industry & first of its kind product in market • Partnering with EGIS contact center, operations, image review, and Central Florida Highway Authority- learning to effectively work within business practices, understanding regulations & policies • Managing a team of 6-12 customer service representatives, and held responsible for up to 38 CSR Walt Disney World / Disney Vacation Club Sales Guide Oct 2014 to June 2018 Presented Disney Vacation Club to individuals, families & groups explaining benefits such as costs savings, variety of destinations, legacy options, how the membership enhances vacations in the long & short term. Demonstrated expertise in contracting, trained peers on use of computer software, how to create trust accounts multiple owners, restricted states & countries Earned Florida Real Estate License, routinely updating industry knowledge and personal development Advanced Sales Manager Oct 2010 — Oct 2014 • Managed a team of 15-25 Advanced Sales associates in Disney parks and resorts- Training- developed training programs to focus / Championed Morning huddles (to deliver training) • New product information Sales skills — engagement of guest, discovery, need assessment, commitment, action, handling objections, follow up New regulations / Exceptions Contests- to improve daily, weekly & monthly performance • Recognition • Resort Team Project- developed and managed a resort team solely focused on high paying guests • Targeted guest locations • Coordinated with marketing, sales team and resorts • Developed into larger marketing and sales revenue stream • Interviewing potential ASAs • Performance & 4 Keys training, development & assessing • Scheduling / Administrative duties • Coaching & counseling - providing individual assessments & areas of improvement Advanced Sales Associate Aug 2010 — Oct 2010 • Worked in parks and resorts to convince guests to learn about the Disney Vacation Club and potentially become a member of the Disney Vacation Club. Johnson & Johnson / Ortho McNeil Pharmaceutical Corp District Manager June 1993 — Oct 2005 • Managed a team of ten pharmaceutical reps in North Carolina, South Carolina and Tennessee with over 45 million in sales revenue in 4 product categories • Training: individual and group settings • New Product information / launched 17 products (including national, regional & district meetings) Sales training- introduction, warm up, probing/discovery, product presentations, need assessment, handling objections, closing, action plans, follow up, managed care elements, addressing side effects, applying medical studies (learning & diagnosing use of materials from journals) • Targeted training: created small groups 2-3 reps to focus on less skilled reps with higher skilled reps to improve skills, communication & coordination • Professionalism /sample management • Regulations / Requirements / Quality Assurance • Developed eleven reps for advanced responsibilities- training, leadership / management, marketing roles • Interviewed, hired, trained & developed sales representatives • Conducted quarterly, regional & national meetings to train team on marketing initiatives, product updates and competitive strategies • Lead projects to develop key decision makers & speakers for new products in pain medication & antibiotics Regional Trainer June 1992 —June 1993 Created training presentations: power point slides, incorporating training system, individual binders & other resources to act as hands on tools • understanding provider personality styles • understanding medical studies / how to effectively deliver study information • provide detail around our performance reports • applying daily requirements of job- management of samples, regulations & requirements of materials, professionalism, Developed training progress schedu►es for a dozen trainers in the Mid -Atlantic region Certified new trainers to perform effectively — • completed orientation & certification - coach new pharmaceutical sales reps so they could carry out the role for respective district communicated / partnered with district managers in region & nation on trainers prepared coaching for trainers / areas of improvement / their own personal development Sales Trainer June 1991- June 1992 • Certified as a trainer for Ortho Pharmaceutical Corp to orientate sales rep • Learn & understand our entire product line • Deliver effective sales presentations • Know our sale process- introduction, probing/discovery, handling resistance, objections, close, action steps, follow up, read & comprehend performance reports Trained 5 reps Pharmaceutical Sales Rep May 1988- June 1992 • Developed relationships with providers in NW Baltimore & Baltimore County Maryland including individual practices, small & large groups practices, mid -level providers, clinics (Planned Parenthood, county & college health clinics) medical centers & residency programs, hospitals- including Greater Baltimore Medical Center, Franklin Square Homewood, Bel Air hospitals Effectively sold 4 product lines of Ortho products- women's health care, antibiotics, analgesics, dermatology and pain management • Finished in top 10 in region multiple times • Won leadership circle awards- monetary rewards and vacation destinations Mentored reps in district on sales techniques, provider interactions, action steps Education Wake Forest University, Winston-Salem, NC MBA Swarthmore College, Pennsylvania BA, Political Science & History Florida Real Estate License active & up to date in certifications Project Management Certification in progress / member of Orlando PMI chapter Volunteer Work • Workforce Development Board member & Youth Council Chair- Mecklenburg County, NC for 4 years • Disney Dreamer Academy with Steve Harvey — March 2012 & 2013; mentoring 4 high school students each year • Right Moves for Youth (RMFY)- Board member for 4 years • Friends of 4tn Ward — Board member for 3 years • St Gabriel's Church — Charlotte, NC - usher for 5 years, facilitator of "Why Catholic?" platform • Holy Cross Church- Orlando, FL • Junior Achievement Property Record - 34-21-28- ftoperty Summary as of 01/17/2023 Property Name 2632 Hornlake Cir Names Davidson Sandra Municipality OCO - Ocoee Property Use 0103 - Single Fa1n Class III Property Description Mailing Address 2632 Hornlake Cir Ocoee, FL 34761-8400 Physical Address 2632 Hornlake Cir Ocoee, FL 34761 WINDSTONE AT OCOEE-PHASE 1 53/143 LOT It 9 Orange County Property Appraiser . http://www.ocpafl.org I 1 ® .. QR Code For Mobile Phone CITY OF OCOEE 4 WN �'� x4k 1 N. Bluford Avenue Ocoee Ocoee, Florida 34761 „6 i l d a 407-905-3100 SPEAKING RESERVATION FORM NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are open to inspection by all persons. DATE /I r r rj NAME I f,1 ,. ,S 1 {._; PHONE # f OCOEE RESIDENT YES] NO ❑ (OPTIONAL) ADDRESS CITY ZIP CODE E-MAIL I want tq address the Board about (Please provide Item # and/or topic): -c- c — Do you have a prepared statement, or other document(s) from which you will address the Board? f No Yes if yes, please attach copy of same to this Reservation Form. All proceedings before the Commission shall be governed by the Civility Code — see back The following time limits to speak are in effect: Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. Open to Public — Citizens Comments - 3 minutes per speaker, per meeting. Good evening, Mayor and Commissioners. I'm (Your Name), (Title) of the Woman's Club of Ocoee. The Woman's Club of Ocoee is requesting your approval to host a Political Forum for the upcoming March 14t" election. The Woman's Club of Ocoee has been hosting these Political Forums for more than 4 years. '0 This year we are requestion two dates: Wednesday, February 15t", from 6 to 8 P.M., for District 1 and District 3 Commission candidates and Thursday, February 16t", from 6 to 8 P.M., for Mayoral candidates. As in the past, we are requesting the City to televise and live stream the Political Forum so we can accept questions from Ocoee citizens vial emails and telephone calls, as well as from the chamber. We respectfully ask your approval of our request for this year's Political Forum. Thank you - CITY OF OCOEE 1 N. Bluford Avenue Ocoee Ocoee, Florida 34761 florlda 407-905-3100 SPEAKING RESERVATION FORM NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are open to inspection by all persons. DATE NAME 30 0 PHONE # 07-579-��"�3 OCOEE RESIDENT YES NO ❑ (OPTIONAL) ADDRESS J63 rz'l� N Vj6,) — CITY d 1eL40W ZIP CODE J� If3 E-MAIL 3U6, 40a)rl I want to address the Board about (Please provide Item # and/or topic): Do you have a prepared statement, or other document(s) from which you will address the Board? No Yes if yes, please attach copy of same to this Reservation Form. All proceedings before the Commission shall be governed by the Civility Code — see back The following time limits to speak are in effect: Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. Open to Public — Citizens Comments - 3 minutes per speaker, per meeting. ISM Z.10e ocoee Florida SPEAKING RESERVATION FORM CITY OF OCOEE 1 N. Bluford Avenue Ocoee, Florida 34761 407-905-3100 NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are open to inspe do by all persons. DATE NAME PHONE # OCOEE RESIDENT YES NO ❑ (OPTIONAL) ADDRESS CITY ZIP CODE E-MAI I want to address the Board about (Please provide Item # and/or topic): Do you have a prepared statement, or other document(s) from which you will address the Board? No41- 1 Yes if yes, please attach copy of same to this Reservation Form. All proceedings before the Commission shall be governed by the Civility Code — see back The following time limits to speak are in effect: Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. Open to Public — Citizens Comments - 3 minutes per speaker, per meeting. Abb-c- CITY OF OCOEE 1 N. Blofuford Avenue OCOee Ocoee, Florida 34761 407-905-3100 t Ioiido SPEAKING RESERVATION FORM NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are open to inspection by all persons. DATE NAME 62 (/v,(2 %Jl �� (� PHONE # OCOEE RESIDENT YES ❑ NO/\Zf L7y,\ "('L (OPTIONAL) ADDRESS If,�� W�^^�r,"Jay- r �' `CITY o - �A -� ZIP CODE E-MAIL I want to address the Board about (Please provide Item # and/or topic): Do you have a prepared statement, or other document(s) from which you will address the Board? No�/-- Yes if yes, please attach copy of same to this Reservation Form. All proceedings before the Commission shall be governed by the Civility Code — see back The following time limits to speak are in effect: Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. Open to Public — Citizens Comments - 3 minutes per speaker, per meeting. `\, J CITY OF OCOEE 1 N. Bluford Avenue Ocoee Ocoee, Florida 34761 flarlda 407-905-3100 SPEAKING RESERVATION FORM NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are open to inspection by all persons. DATE 9� 7 2-3 )^� NAME 1� L J - � H rIl t% /) e /y PHONE # 9S© - 2, L- q OCOEE RESIDENT YES X NO ❑ Ldl(OPTIONAL) ADDRESS CITY 0 L' o L C ZIP CODE ( � E-MAIL !' I . J `� I`I t� C! l f� l �M rn . J . Corte I want to address the Board about (Please provide Item # and/or topic): L) JS f3ulIoL, CSC'r aLdle. Do you >have a prepared statement, or other document(s) from which you will address the Board? No /- Yes if yes, please attach copy of same to this Reservation Form. All proceedings before the Commission shall be.governed by the Civility Code — see back The following time limits to speak are in effect: Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. Open to Public - Citizens Comments - 3 minutes per speaker, per meeting. pwhl I e Co rn aw\:b CITY OF OCOEE 1 N. Bluford Avenue Ocoee Ocoee, Florida 34761 """1. 407-905-3100 SPEAKING RESERVATION FORM NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are open to inspection by all persons. DATE rckd NAME "I �.1 \ iC B e- C 1V — PHONE # y U� OCOEE RESIDENT YES,.W NO ❑ y (OPTIONAL) ADDRESS aS`� c� � UJeQ� �li !J�'��1 CITY OCO� ZIP CODE I want to address the Board about (Please provide Item # and/or topic): Do you have a prepared statement, or other document(s) from which you will address the Board? No Yes if yes, please attach copy of same to this Reservation Form. All proceedings before the Commission shall be governed by the Civility Code — see back The following time limits to speak are in effect: Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. Open to Public — Citizens Comments - 3 minutes per speaker, per meeting. 1 CITY OCOEE 1 N. Blofuford Avenue ��aQe Ocoee, Florida 34761 „o�;do 407-905-3100 SPEAKING RESERVATION FORM NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are open to inspection y alllersons. DATE l J / -7v NAME l/ �U PHONE # Y,?V-7Y17� OCOEE RESIDENT YESX NO ❑ (OPTIONAL) ADDRESS 9 ���, CAwCITY ZIP CODE E-MAIL I� f YIy/`— 1 ��C �/ �✓ I Y /' 1 co I want to addresp thip Board about (Please provide Item # and/or ,topic): Do you have a prepared statement, or other document(s) from which you will address the Board? No Yes if yes, please attach copy of same to this Reservation Form. All proceedings before the Commission shall be governed by the Civility Code — see back The following time limits to speak are in effect: Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. Open to Public — Citizens Comments - 3 minutes per speaker, per meeting. 40 CP�M' CITY OF OCOEE �" %1 N. Bluford Avenue ocoee Ocoee, Florida 34761 flo<<do 407-905-3100 SPEAKING RESERVATION FORM NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are open to inspection by all persons. DATE 17 January 2023 NAME Gary Tolley and Brian Papenfuss OCOEE RESIDENT YES ❑ - NO PHONE# 321-663-3709 (OPTIONAL) ADDRESS 3430 N Orange Blossom Trail CITY Orlando ZIP CODE 32804 E-MAIL gtolley@atrsonline.com I want to address the Board about (Please provide Item # and/or topic): Libby's Legacy Breast Cancer Foundation (501 c3) Shoe And Clothing Donation Bins Do you have a prepared statement, or other document(s) from which you will address the Board? No Yes X if yes, please attach copy of same to this Reservation Form. All proceedings before the Commission shall be governed by the Civility Code — see back The following time limits to speak are in effect: Public Rearings: petitioner presentation — 1-5 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - minutes. Open to Public — Citizens Comments - 3 minutes per speaker, per meeting. CITY OF OCOEE CIVILITY CODE - adopted July 1, 2003. Pursuant to Resolution No. 2003-16-adopted on July 1, 2003, the following Civility Code shall govern all proceedings before the City of Ocoee City Commission and Boards: 1. All electronic devices, including cell phones and pagers, shall be either turned off or otherwise silenced. 2. Prolonged conversations shall be conducted outside Commission Chambers. 3. Clapping, whistling, heckling, gesturing, loud conversations, or other disruptive behavior is prohibited. 4. Only those individuals who have submitted speaker forms and who have been recognized by the Mayor (or Chair) may address comments to the Commission (or Board). 5. Comments at public hearings shall be limited to the subject being considered by the Commission. 6. Comments at Citizens Comments shall be directed to City issues. 7. All public comments shall avoid personal attacks, abusive language, and redundancy. 8. No person attending a Commission or Board meeting is to harass, annoy or otherwise disturb any other person in the room. Any member of the public whose behavior is disruptive and violates the City of Ocoee Civility Code is subject to removal from the Commission (or Board) meeting by an officer and such other action as may be appropriate. i Case Law - Donation Bins as Protected Free Speech There are two types of unattended collection bins — those that are charitable solicitors (referred to as donation bins), and those that are commercial recyclers. Charitable solicitors are contracted with, and raise funds on behalf of registered non-profit organizations, while commercial textile recyclers function much like metal, paper, and plastic recyclers. To date, four U.S. IMS collecti to fund a charity are ch are First Amendti- noncommercial speew Me public receptacles [s) are nMere colledft poin unwanted items, but are I��olieitors and advocates for itrticular &use" Nat'l Fe4MMW ofWe Bd s, Inc. v t, (5'Cir. 2011) "...speech regarding charitable giving and solicitation is entitled to strong constitutional protection. and the fact that the speech may take the form of a donation bins does not reduce the level of its protection". Planet Aid v. City= of St. Johns (6th Cir. 2015). "In fact, Line -Drop [a donation bin operator] is engaged in charitable solicitation". Linc-Drop, Inc. v. City of Neb. (8' Cir. 2014) "and assuming, as we have, that [donation bin operator's) charitable unattended donation collection boxes implicate First Amendment protected expression..."), RIIN&for �&nge V. City of Oakland, (9" Cir, 2016� With the four U.S. Circuit Courts extending the First Amendment protection to donation bin solicitation, it can be inferred that with the opportunity, the other courts would agree with their sister Circuits. Given the case law designating donation bins as charitable solicitation, and the protection of charitable solicitation as noncommercial speech, this analysis must turn to how municipalities are able to classify and regulate donation bin solicitation in light of this information. 2 Nat'l Federation of the Blind of Teams, Inc. v. Abbott, 647 F.3d 202 (2011); Linc-Drop, Inc. v. City of Neb., 996 F.Supp.2d 845 (D. Neb. 2014), Recycle for Change v. City of Oakland, No. 15-cv-05093-WHO (N.D. Cal., Jan. 28, 2016). Planet Aid v. City of St. Johns (6th Cir. 2015) trumps (most of) the zoning code. In the eyes of the courts, charitable solicitation entitled to no less protection from govnt intrusion than the exanbovej However, simply because charitable solicitation has a First Amendment protection does not mean that it is immune from any form of government regulation. The constitutional protection on charitable solicitation by donation bin does not mean that a municipality cannot impose restrictions on this solicitation method, include zoning restrictions aimed at safety and maintenance. It is undeniable that solicitation by donation bin is unique from other methods such as door to door or telephonic solicitation and can be subject to some provisions aimed at its land use component. A municipality may impose different "how, where and when" restrictions upon charitable solicitation if those restrictions are constitutionally permissible time, place, and manner regulations. Bin Structures as Expressive Activity Although the donation bin does look, feel and act like a "structure", the structure is the facilitation method for the speech (just as a telephone is the facilitation method for phone bank fundraising). As quoted above, the courts have said that the bins are "silent solicitors" because the signage on the bin is what does the soliciting. The bin is what facilitates the exercise of the Therefore, the donation bin as a whole is afforded the speech protection in the regulation thereof, and a municipality must distinguish the "speech with a land use component" from "pure land use". The donation bin is akin to the portable table as it is what facilitates the expressive activity — the charitable solicitation. One cannot separate the facilitation mode from the expression, and therefore cannot separate out the bin as a land use while ignoring the First Amendment protection afforded the entire structure. Case law furthers the idea that modes of communicating protected speech, such as that which facilitates the exercise of the activity, is also protected by the First Amendment. For example, the Eleventh Circuit held that the policy of banning the use of tables to distribute protected literature was an invalid regulation of expressive activity because "tables used to distribute protected literature come within the protection of the First Amendment, ".3 } lnt'1 Caucus of Labor Comms. v. City of Montgomery, 111 F.3d 1548 (11th Cir.1997) (per curiam), also One World One Family Now v. City of Miami Beach, 175 F.3d 1282, 1286 (11th Cir.1999)) The district court held Case Law - Donation Bins as Protected Free Speech There are two types of unattended collection bins — those that are charitable solicitors (referred to as donation bins), and those that are commercial recyclers. Charitable solicitors are contracted with, and raise funds on behalf of registered non-profit organizations, while commercial textile recyclers function much like metal, paper, and plastic recyclers. To date, four U.S. District Courts have unequivocally stated that bins collecting donated items for resale to fund a charity are engaging in charitable solicitation, and as such are First Amendment protected noncommercial speech.' "The public receptacles [for donated items] are not mere collection points for unwanted items, but are rather silent solicitors and advocates for a particular cause" Nat'l Federation of the Blind of Texas, Inc. v. Abbott, (5' Cir. 2011) "...speech regarding charitable giving and solicitation is entitled to strong constitutional protection. and the fact that the speech may take the form of a donation bins does not reduce the level of its protection". Planet Aid v. City of St. Johns (6th Cir. 2015). "In fact, Linc-Drop [a donation bin operator] is engaged in charitable solicitation". Linc-Drop, Inc. v. City of Neb. (8`h Cir. 2014) "and assuming, as we have, that [donation bin operator's] charitable unattended donation collection boxes implicate First Amendment protected expression..."), Recycle for Change v. City of Oakland, (9'h Cir, 2016). With the four U.S. Circuit Courts extending the First Amendment protection to donation bin solicitation, it can be inferred that with the opportunity, the other courts would agree with their sister Circuits. Given the case law designating donation bins as charitable solicitation, and the protection of charitable solicitation as noncommercial speech, this analysis must turn to how municipalities are able to classify and regulate donation bin solicitation in light of this information. 1 Nat'l Federation of the Blind of Texas, Inc. v. Abbott, 647 F.3d 202 (2011); Linc-Drop, Inc. v. City of Neb., 996 F.Supp.2d 845 (D. Neb. 2014), Recycle for Change v. City of Oakland, No. 15-cv-05093-WHO (N.D. Cal., Jan. 28, 2016). Planet Aid v. City of St. Johns (6th Cir. 2015) The Courts in the four cases cited above made the clear distinction between "protected bins" and "non - protected receptacles" (those that are pure for -profit recyclers like those for paper, plastic, metal as well as textiles), and by extension, affirmed the inherent difference in the way they may be regulated. Once free speech is implicated, as is the case with donation bins, municipal regulation cannot ignore that speech component by attempting to regulate just the land use component The nexus between charitable solicitation and donation bins has been created by the courts so it is important to note that there is extensive Supreme Court case law outlining the "dos and don'ts" in the regulation of charitable solicitation, and that many of the regulations normally applied to a land use are not permissible restrictions on the exercise of free speech. "Although a municipality may enact regulations in the interest of public safety, health and welfare or convenience, these may not abridge the individual liberties secured by the Constitution to those who wish to speak, write, print or circulate information or opinion. " 2 A. Charitable Solicitation with a Lund Use Component vs. Pure Land Use The Legal Distinction Most municipal ordinances regulate donation bins in one of three ways: 1) specifically define them in the zoning code, 2) mislabel charitable donation bins as a recycle/outdoor storage container or as an accessory structure, or 3) do not mention them at all and therefore do not allow them. In these circumstances, charitable donation bins are treated as pure land use. Pure land use defined here are traditional land uses subject to municipal zoning permits and restrictions such as accessory structures buildings, temporary Christmas tree lots, etc. Charitable solicitation with a land use component as defined here is noncommercial free speech exercised on a public or private property. Other examples of noncommercial free speech with a land use component include the placement of political and religious signs, street proselytizing, public protests, a high school booster club car wash in a commercial plaza, and political signature gathering. Municipalities readily understand that they cannot deem these activities as pure land use simply because they are exercised on "land" and acknowledge that the free speech right 2 New Jersey Citizen Action v Edison Township, 797 F.2d 1250, 1256 (31 Cir.1986) trumps (most of) the zoning code. In the eyes of the courts, charitable solicitation by donation bin is entitled to no less protection from government intrusion than the examples above. However, simply because charitable solicitation has a First Amendment protection does not mean that it is immune from any form of government regulation. The constitutional protection on charitable solicitation by donation bin does not mean that a municipality cannot impose restrictions on this solicitation method, include zoning restrictions aimed at safety and maintenance. It is undeniable that solicitation by donation bin is unique from other methods such as door to door or telephonic solicitation and can be subject to some provisions aimed at its land use component. A municipality may impose different "how, where and when" restrictions upon charitable solicitation if those restrictions are constitutionally permissible time, place, and manner regulations. Bin Structures as Expressive Activity Although the donation bin does look, feel and act like a "structure", the structure is the facilitation method for the speech (just as a telephone is the facilitation method for phone bank fundraising). As quoted above, the courts have said that the bins are "silent solicitors" because the signage on the bin is what does the soliciting. The bin is what facilitates the exercise of the Therefore, the donation bin as a whole is afforded the speech protection in the regulation thereof, and a municipality must distinguish the "speech with a land use component" from "pure land use". The donation bin is akin to the portable table as it is what facilitates the expressive activity — the charitable solicitation. One cannot separate the facilitation mode from the expression, and therefore cannot separate out the bin as a land use while ignoring the First Amendment protection afforded the entire structure. Case law furthers the idea that modes of communicating protected speech, such as that which facilitates the exercise of the activity, is also protected by the First Amendment. For example, the Eleventh Circuit held that the policy of banning the use of tables to distribute protected literature was an invalid regulation of expressive activity because "tables used to distribute protected literature come within the protection of the First Amendment,' 1.3 s Int'l Caucus of Labor Comms. v. City of Montgomery, 111 F.3d 1548 (1 lth Cir.1997) (per curiam), also One World One Family Now v. City of Miami Beach, 175 F.3d 1282, 1286 (1 lth Cir.1999)) The district court held A Ninth Circuit case also referenced the case above when it ruled invalid a provision that regulated expressive activity. A Las Vegas ordinance regulated the use of tables to facilitate protected speech, in this case petition gathering. The Court held: '" We agree [with the district court] that use of portable tables is analogous to access to news racks -similarly temporary structures used to disseminate speech -related materials -which is protected by the First Amendment" and "We hold that the erection of tables is expressive activity protected by our Constitution to the extent that the tables facilitate the dissemination of First Amendment speech. " 4 "that use of portable tables as a means of disseminating message -bearing T-shirts is entitled to First Amendment protection." Id. at 1462 4 ACLU v. City of Las Vegas, 1999 WL 65130 (9th Cir.1999).