City Commission Regular Meeting

1 | P a g e City Commission Regular Meeting Tuesday, December 9, 2025, at 6:30 PM MINUTES 1. OPENING OF MEETING Having been duly advertised as required by law, the regular meeting of the City Commission of the City of New Smyrna Beach, Florida, was held on Tuesday, December 9, 2025, at the City Commission Chambers, 214 Sams Avenue, New Smyrna Beach, Florida 32168. Mayor Fred E. Cleveland opened the meeting at 6:30 PM. Present: Commissioner Lisa Martin, Commissioner Brian Ashley, and Vice Mayor Jason McGuirk Excused: Commissioner Valli Perrine 2. INVOCATION/PLEDGE OF ALLEGIANCE Police Department Chaplain Bill Kitichin gave the invocation. Scooter Babes led those present in the Pledge of Allegiance. 3. APPROVAL OF THE AGENDA City Manager Cowper restructured the agenda by continuing Ordinance Nos. 80-25, 81- 25, and 83-25 to Tuesday January 13, 2026, City Commission meeting. 4. ANNOUNCEMENTS/PRESENTATION/RECOGNITIONS 4A. Recognition: New Smyrna Beach Middle School Stingray Students for Outstanding Achievements during Fall 2025 Semester. The City Commission recognized Libby Sorice, Brooklyn Bordt, and Emory Reinhardt for their Outstanding Achievement at New Smyrna Beach Middle School.

2 | P a g e 4B. Presentation: The New Smyrna Beach Police Foundation The New Smyrna Beach Pickleball Club presented a check to the New Smyrna Beach Police Foundation from funds raised during the Second Annual First Responders Cup. 4C. Proclamation: Scooter Babes The City Commission presented a proclamation to Scooter Babes. 4D. Presentation: Capital Improvement Projects Capital Projects Director Jesse Kobe outlined a PowerPoint Presentation. 5. CITY MANAGER'S REPORT 5A. City Manager's Report City Manager Cowper outlined a report. 6. PUBLIC PARTICIPATION Mary Lynn Wentway, 64 Sable Cay Dolphin Cove Court, commented about the stormwater in the Dolphin Cove community. Liz Jones, 314 Canal Street, thanked the city for the beautifying of Canal Street and the successful Christmas parade. She commented on the 2026 City Commission meetings beginning at 5:30 PM. Randy Herman, 108 Ester Street, commented on the Southeast Volusia Chamber of Commerce lease and limiting the length of lease and the special election with regards to the City Commission salary. Sharon Glenn, 1111 South Atlantic Avenue, commented on the Christmas parade and the comedy show. She commented on the 2026 City Commission meetings beginning at 5:30 PM, Ordinance No. 79-25 and the importance of home-rule. Aly Rogers, 811 East 27 th Avenue, commented on Ordinance No. 79-25, Christmas Parade and the barricades. She suggested using non plastic confetti during the parade in regard to the environment. Aiden Tren and June Anderson, 1101 South Dixie Freeway, commented on behalf of the housing authority and thanked the city for the homeless and disadvantage grant award.

3 | P a g e Mark Billings 128 Mangrove Estate Circle, SEV Habit for Humanity and SEV Chair of Commerce, thanked city staff and commented on the opportunity of affordable housing in New Smyrna Beach. Steve Sather, 806 East 14th Avenue, commented on the 2026 City Commission meetings beginning at 5:30 pm. Stephanie Ford, Southeast Volusia Chamber of Commerce, 115 Canal Street, thanked the City Commission for participating in the Crystal Apple awards. She referenced the talent tours exposing young people to jobs and opportunities available to them. Cindy Sniezak, 512 Yupon Avenue, thanked City for an excellent Christmas parade, recognized city staff for continuing education. She commented on the 2026 City Commission meetings beginning at 5:30 PM, agenda management, staff compensatory time, and Southeast Volusia Chamber lease terms. Alex Smith, 303 Washington Street, spoke in support of Ordinance No. 79-25. 7. CONSENT AGENDA 7A. Consider the adoption of the minutes from the City Commission regular and special meetings held on Tuesday, November 11, and November 18, 2025. Motion: Vice Mayor McGuirk moved to adopt the minutes from the City Commission regular and special meetings held on Tuesday, November 11, and November 18, 2025. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 7B. Resolution No. 42-25: Consider the approval of a Resolution and Memorandum of Agreement (MOA) with Florida Department of Transportation (FDOT) for the State Road 44 Multi Use Trail Project. Motion: Vice Mayor McGuirk moved to adopt Resolution No. 42-25 a Memorandum of Agreement (MOA) with Florida Department of Transportation (FDOT) for the State Road 44 Multi Use Trail Project. Commissioner Ashley seconded the motion. The motion passed by unanimous vote.

4 | P a g e 7C. Resolution No. 43-25: Consider the adoption of a Resolution, which, if adopted, would dedicate the park at Paige Avenue in honor of Phil Hall. Motion: Vice Mayor McGuirk moved to adopt Resolution No. 43-25 which would dedicate the park at Paige Avenue in honor of Phil Hall. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 7D. Resolution No. 44-25: Consider the adoption of a Resolution, which, if adopted, would approve an inventory list of Municipal Vacant Properties that would be appropriate for use of affordable housing. Motion: Vice Mayor McGuirk moved to adopt Resolution No. 44-25 which would approve an inventory list of Municipal Vacant Properties that would be appropriate for use of affordable housing. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 7E. Resolution No. 45-25: Consider the adoption of a Resolution, which, if adopted, would confirm the City Commissioners intent to utilize the uniform method of levy and collection of non-ad valorem assessments for fire rescue services. Motion: Vice Mayor McGuirk moved to adopt Resolution No. 45-25 which would confirm the City Commissioners intent to utilize the uniform method of levy and collection of non-ad valorem assessments for fire rescue services. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 7F. Resolution No. 46-25: Consider the adoption of a Resolution, which, if adopted, would authorize the city to opt-out of the Live Local Act Property Tax Exemption created under Florida Statute 196.1978. Motion: Vice Mayor McGuirk moved to adopt Resolution No. 46-25 which would authorize the city to opt-out of the Live Local Act Property Tax Exemption created under Florida Statute 196.1978. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 7H. Consider the approval of entering into agreements with the Volusia County Property Appraiser and Volusia County Tax Collector for utilization of the uniform method of levy and collection of a non-ad valorem fire rescue services assessment.

5 | P a g e Motion: Vice Mayor McGuirk moved to approve the entering into agreements with the Volusia County Property Appraiser and Volusia County Tax Collector for utilization of the uniform method of levy and collection of a non-ad valorem fire rescue services assessment. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 7I. Consider the approval of FY 25/26 Homeless and Disadvantaged Grant Fund awards to five (5) local non-profit organizations and/or disadvantaged programs. Motion: Vice Mayor McGuirk moved to approve the FY 25/26 Homeless and Disadvantaged Grant Fund awards to five (5) local non-profit organizations and/or disadvantaged programs. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 7J. Consider the approval to award a contract for RFP 18-25 to Kompan, Inc. construction of a playground at the Sports Complex. Motion: Vice Mayor McGuirk moved to approve the award of contract for RFP 18-25 to Kompan, Inc. construction of a playground at the Sports Complex. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 7K. Consider the approval of RFQ 24-25-BLDG demolition services contract to Samsula Waste, Inc, dba: Samsula Demolition. Motion: Vice Mayor McGuirk moved to approve the RFQ 24-25-BLDG demolition services contract to Samsula Waste, Inc, dba: Samsula Demolition. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 7L. Consider the approval to award a contract for RFP 26-25-LS to Kona Ice Daytona Beach LLC for Concessionaire Services at the Sports Complex. Motion: Vice Mayor McGuirk moved to approve the award of a contract for RFP 26-25-LS to Kona Ice Daytona Beach LLC for Concessionaire Services at the Sports Complex. Commissioner Ashley seconded the motion. The motion passed by unanimous vote.

6 | P a g e 7M. Consider the approval of an award of bid to P.A.V.C.O. Contracting Group, LLC for the construction of the Airport Administration Building. Motion: Vice Mayor McGuirk moved to approve the award of bid to P.A.V.C.O. Contracting Group, LLC for the construction of the Airport Administration Building. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 7N. Consider the approval of a proposal by Avcon, INC for Construction Administrative Services for the new Airport Administration Building. Motion: Vice Mayor McGuirk moved to approve a proposal by Avcon, INC for Construction Administrative Services for the new Airport Administration Building. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 7O. Consider the approval of a Temporary Occupancy Agreement with GTI Holdings for Property on Goodwin Avenue. Motion: Vice Mayor McGuirk moved to approve a Temporary Occupancy Agreement with GTI Holdings for Property on Goodwin Avenue. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 7P. Consider the approval of Change Order 1 to Greg Reynolds Construction, LLC. for American Aero Services Building Renovation ITB No. 10-25-AIR. Motion: Vice Mayor McGuirk moved to approve Change Order 1 to Greg Reynolds Construction, LLC. for American Aero Services Building Renovation ITB No. 10- 25-AIR. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 7Q. Consider the approval of a lease agreement with the Southeast Volusia Chamber of Commerce for city-owned property at 115 Canal Street.

7 | P a g e Motion: Vice Mayor McGuirk moved to approve a lease agreement with the Southeast Volusia Chamber of Commerce for city-owned property at 115 Canal Street. Commissioner Ashley seconded the motion. The motion passed by 3-1 majority vote, with Commissioner Martin voting no. 8. ADMINISTRATIVE ITEMS/NEW BUSINESS 9. QUASI-JUDICIAL HEARINGS 10. PUBLIC HEARINGS 10A. Ordinance No. 79-25: Conduct a Second Reading and Public Hearing of an Ordinance, which, if adopted, would allow commercial megacycles, also known as pedal pubs, within designated areas of New Smyrna Beach along with authorization for passengers to have open container. A public hearing was conducted to consider the adoption of Ordinance No. 79-25. City Attorney Avallone read Ordinance No. 79-25 for the second time by title only. Stephanie Doster, Planning Manager, outlined a PowerPoint presentation. Christopher Smith, 4035 Saxon Drive, outlined a PowerPoint presentation. Mayor Cleveland opened the hearing for public participation. Dianne Joffie, 4860 South Atlantic Avenue, commented on no alcohol provided by the applicant. Sharon Glenn, 1111 South Atlantic Avenue, commented on a compromise between the city and the applicant. Annette Taylor, 87 Cunningham Drive, commented in opposition Ordinance No. 79-25 Cindy Sniezak, 512 Yupon Street, spoke in opposition to Ordinance No. 79-25, and cited missing information. She also provided comments regarding a pilot program on Canal Street.

8 | P a g e Lillian Conrad, 4160-2700 North Peninsula Avenue, a small business owner, commented on special exceptions and open container law. Alley Rogers, 811 East 27th Avenue, spoke in opposition to Ordinance No. 79-25. Mayor Cleveland closed public participation. Mr. Smith provided information regarding the questions presented during public participation. Motion: Vice Mayor McGuirk moved to adopt Ordinance No. 79-25 which would allow commercial megacycles, also known as pedal pubs, within designated areas of New Smyrna Beach along with authorization for passengers to have open containers. Commissioner Ashley seconded the motion. The motion failed by unanimous vote. 10B. Ordinance No. 80-25: Conduct a Second Reading and Public Hearing of an ordinance, which, if adopted, would annex approximately 7.6 acres of land located at 390 Sugar Mill Drive. Ordinance No. 80-25 was continued to the City Commission meeting scheduled for Tuesday, January 13, 2026. 10C. Ordinance No. 81-25: Conduct a Second Reading and Public Hearing of an ordinance, which, if adopted, would approve a proposed Small-Scale Comprehensive Plan amendment changing the Future Land Use to Commercial and limiting the allowable residential density and Floor to Area Ratio, (FAR) on approximately 7.6 + acres of land located at 390 Sugar Mill Drive. Ordinance No. 81-25 was continued to the City Commission meeting scheduled for Tuesday, January 13, 2026. 10D. Ordinance No. 82-25: Conduct a Second Reading and Public Hearing of an ordinance, which, if adopted, would approve a proposed rezoning application to change the current zoning from County PUD to City PUD on approximately 7.6 acres of land located at 390 Sugar Mill Drive, which is also associated with companion and concurrent applications for Annexation and a revised CPA FLU designation. Ordinance No. 82-25 was continued to the City Commission meeting scheduled for Tuesday, January 13, 2026.

9 | P a g e 10E. Ordinance No. 83-25: Conduct a Second Reading and Public Hearing of an Ordinance, which, if adopted, would amend the New Smyrna Beach Code of Ordinances, Chapter 2, Administration, Article II, City Commission, Sec. 2-51, Time and Place. A public hearing was conducted to consider the adoption of Ordinance No. 83-25. City Attorney Avallone read Ordinance No. 83-25 for the second time by title only and outlined a report. Mayor Cleveland opened the hearing for public participation. Ally Rogers, 811 East 27th Avenue, commented on the time change compromise. Sharon Glenn, 1111 South Atlantic Avenue, commented in opposition of the City Commission time change. Cindy Sniezak, 512 Yupon Street, commented on agenda order and preparation. Mayor Cleveland closed public participation. Motion: Vice Mayor McGuirk moved to adopt Ordinance No. 83-25 which would amend the New Smyrna Beach Code of Ordinances, Chapter 2, Administration, Article II, City Commission, Sec. 2-51, Time and Place. Commissioner Ashley seconded the motion. The motion passed by 3-1 majority vote with Commissioner Martin. 10E.1 Resolution No. 35-25: Consider the adoption of a Resolution, which, if adopted, would amend Resolution No. 04-25 Rules and Procedures revising section 7 Adjournment. Motion: Commissioner Martin moved to adopt Resolution No. 35-25, which would amend Resolution No. 04-25 Rules and Procedures revising section 7 Adjournment. Commissioner Ashely seconded the motion. The motion passed by unanimous vote. 11. ORDINANCES FIRST READINGS 11A. Ordinance No. 86-25: Conduct the First Reading of an Ordinance, which, if adopted upon the Second Reading and Public Hearing, would grant a non-exclusive franchise agreement to Creative Environmental Services, Inc.

10 | P a g e City Attorney Avallone read Ordinance No. 86-25 for the first time by title only. She announced that the second reading and public hearing was scheduled for Tuesday, January 13, 2026. 11B. Ordinance No. 87-25: Conduct the First Reading of an Ordinance, which, if adopted, upon the Second Reading and Public Hearing, would grant a non- exclusive franchise agreement to GFL Environmental. City Attorney Avallone read Ordinance No. 87-25 for the first time by title only. She announced that the second reading and public hearing was scheduled for Tuesday, January 13, 2026. 12. BOARDS AND COMMISSIONS 12A. Appointment - Youth Council Task Force: Consider the approval of two (2) reappointments and five (5) appointments of New Smyrna Beach High School students to serve as members on the Youth Council Task Force for the 2025 - 2026 academic year. Vice Mayor McGuirk moved to approve the appointment of five members and the reappointment of two members to the Youth Council. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 12B. Board Vacancy Notice - Economic Development Advisory Board 13. MAYOR AND COMMISSIONER COMMENTS Vice Mayor McGuirk commented on the New Smyrna Beach Christmas Parade and public safety during the event. Commissioner Martin commented on events throughout the community. Commissioner Ashley expressed appreciation to public safety officials for their contributions during the Christmas parade and provided remarks regarding the Westside cottages. Mayor Cleveland thanked the Fire and Police Departments for supporting the Christmas parade and handling barricades. He also mentioned updates on the Dolphin Cove stormwater project, the Crystal Apple Award event by the Chamber of Commerce, and discussions about Westside Cottages Affordable Housing developments.

11 | P a g e 14. CITY CLERK'S REPORT 15. CITY ATTORNEY'S REPORT City Attorney Avallone referenced an order regarding the Quasi-judicial process. 16. ADJOURNMENT As there was no further business to discuss, Mayor Cleveland adjourned the meeting at 9:29 PM.