City Commission Regular Meeting

1 | P a g e City Commission Regular Meeting Tuesday, January 13, 2026, at 5:30 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, January 13, 2026, at the City Commission Chambers, 214 Sams Avenue, New Smyrna Beach, Florida 32168. Mayor Fred E. Cleveland opened the meeting at 5:30 PM. Present: Vice Mayor Jason McGuirk and Commissioner Valli Perrine, Commissioner Lisa Martin, and Commissioner Brian Ashley 2. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Cleveland gave the invocation. Libby Sorice led the Pledge of Allegiance. 3. APPROVAL OF THE AGENDA 4. ANNOUNCEMENTS/PRESENTATION/RECOGNITIONS 4.A Presentation: Leisure Services FY 25 Annual Report Robert Salazar, Director of Leisure Services, outlined a PowerPoint presentation. 5. CITY MANAGER'S REPORT 5.A City Manager's Report City Manager Cowper outlined a report. 6. PUBLIC PARTICIPATION

2 | P a g e Kevin Schweizer, 880 Catfish Avenue, 145 Canal Street, commented on behalf of Surfing in the Sixties and Smyrna Surfari Club Mike Martin Pro/Am Surf Festival scheduled for April 9 – 12, 2026. Campbell Douglas, 265 Minorca Beach Way, Secretary of Surfing in the Sixties, provided history and mission of the club. Jayna Hamel, 1603 Beacon Street, President of Surfari Club, provided history of the club and commented on their efforts with the community in New Smyrna Beach. Michael Donato, 2407 Saxon Drive, commented on the history and goals for the Mike Martin Pro/Am Surf festival. Marcy Baldwin, 213 Robinson Road, owner of Surfin NSB, gave a brief history of Mike Martin, Charlie Baldwin, and the Smyrna Surfari Club. Blake Carpenter, Professional Skateboarder, 2125 Fairfax Avenue, commented on hosting the first skateboarding open in New Smyrna Beach. Joan O’Connell, 444 Bouchelle Drive, commented on a new support group for children A La Teen for ages 9 -19 held at the First Presbyterian Church in New Smyrna Beach. Ken Tiefenthal, 2350 Sunset Drive, VFW Commander Post, 4250 Sunset Drive, welcomed those who were eligible to join. He also commented on flag retirement ceremony scheduled for Saturday, February 21, 2026. Bruce Norton, 77 Falkner Street, commented on code compliance case number CE-0516- 2025. Stephane Ford, Chamber of Commerce, 115 Canal Street, commented on a community group event to develop a master calendar and also addressed the 2026 State of the City Series. Bobbi Wirth, 304 Canal Street, Wirth Gallery, commented on the homeless on Canal Street. Cindi Flannagin, 2401 Saxon Drive, commented on a golf tournament that benefited Advent Health and Youth services Babe James. Richard England, 259 Minorca Beach Way, commented in support of Ordinance No. 84-25 and Ordinance No. 85-25.

3 | P a g e Cindy Aniezak, 512 Yupon Avenue, shared her thoughts on the clerk’s contract. She mentioned that the contract was open-ended and discussed the provision of 20 weeks of severance pay. She stated the contract should be reviewed every two or three years and also provided input regarding the salary. Joe Dlubac, 3321 East Locanda Circle, commented on South Village, the origin of the MDA the importance of stormwater. 7. CONSENT AGENDA 7.A Consider the adoption of the minutes from the City Commission regular meeting held on Tuesday, December 9, 2025. Motion: Commissioner Martin moved to adopt the minutes from the Tuesday, December 9, 2025, City Commission meeting. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 7.B Consider the approval for the Street Resurfacing schedule for Fiscal Year 26 and the Five-year resurfacing plan utilizing the current Contract with Masci General Contractor, Inc. Motion: Commissioner Martin moved to approve the Street Resurfacing schedule for Fiscal Year 26 and the Five-year resurfacing plan utilizing the current Contract with Masci General Contractor, Inc. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 7.C Consider the approval of the appointment of Brian Ashley, Zone 4 Commissioner, as the City of New Smyrna Beach representative to the Opioid Abatement Funding Advisory Board. Motion: Commissioner Martin moved to approve of the appointment of Brian Ashley, Zone 4 Commissioner, as the City of New Smyrna Beach representative to the Opioid Abatement Funding Advisory Board. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 7.D Consider the approval of modification #6 - HMGP Grant #4337-197-R. Motion: Commissioner Martin moved to approve the modification #6 - HMGP Grant #4337-197-R. Commissioner Perrine seconded the motion. The motion passed by unanimous vote.

4 | P a g e 7.E Consider the approval of a change order to Carter Electric for additional services requested by the City at Phil Hall Park. Motion: Commissioner Martin moved to approve a change order to Carter Electric for additional services requested by the City at Phil Hall Park. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 7.F Special Event: Consider the approval of the New Smyrna Beach Food Festival 2026, to be held on Thursday, April 16, 2026. Motion: Commissioner Martin moved to approve the New Smyrna Beach Food Festival 2026, to be held on Thursday, April 16, 2026. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 7.G Special Event: Consider the approval of the NSB Shrimp & Seafood Food Festival 2026, to be held on Thursday August 6, 2026. Motion: Commissioner Martin moved to approve the NSB Shrimp & Seafood Food Festival 2026, to be held on Thursday August 6, 2026. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 7.H Special Event: Consider the approval of the Light Up Flagler Event 2026, to be held on Friday December 4, 2026. Motion: Commissioner Martin moved to approve the Light Up Flagler Event 2026, to be held on Friday December 4, 2026. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 7.I Special Event: Consider the approval of the Annual Community Martin Luther King Jr Day March and Observance, to be held on Monday, January 19, 2026. Motion: Commissioner Martin moved to approve the approval of the Annual Community Martin Luther King Jr Day March and Observance, to be held on Monday, January 19, 2026. Commissioner Perrine seconded the motion. The motion passed by unanimous vote.

5 | P a g e 8. ADMINISTRATIVE ITEMS/NEW BUSINESS 8.A Consider the approval of an employment contract for the City Clerk. Motion: Vice Mayor McGuirk moved to approve the employment contract for the City Clerk. Commissioner Martin seconded the motion. The motion passed by unanimous vote. 9. QUASI-JUDICIAL HEARINGS 9.A Consider the approval of Special Exception 2-25 located at 707 Cheston Street, to allow a dwelling unit on the second floor of a principle commercial structure in the I-1, Light Industrial zoning district. A Quasi-Judicial public hearing was conducted to consider the approval of Special Exception 2-25 located at 707 Cheston Street, to allow a dwelling unit on the second floor of a principle commercial structure in the I-1, Light Industrial zoning district. Jake Baker, Senior Planner, outlined the special Exception. Mayor Cleveland opened the public hearing. As no citizen wished to speak, Mayor Cleveland closed the public hearing. Motion: Commissioner Perrine moved to approve the Special Exception 2-25 located at 707 Cheston Street, to allow a dwelling unit on the second floor of a principle commercial structure in the I-1, Light Industrial zoning district. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 10. PUBLIC HEARINGS 10.A 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. City Attorney Avallone read Ordinance No. 80-25 for the second time by title only. A public hearing was conducted for Ordinance No. 80-25. Jeff Gove, Chief Planner, outlined a PowerPoint presentation. Joey Posey, Glen Storch, outlined a PowerPoint presentation regarding the annexation. Mayor Cleveland opened the Public Hearing.

6 | P a g e Marvel Richards, 1099 Clubhouse Boulevard, spoke in opposition to Ordinance No. 80- 25, 81-25, and 82-25. Claudia Vanderhorst, 562 Aeolian Drive, commented in opposition to Ordinance No. 80- 25, 81-25, and 82-25. Cindy Sniezak , 512 Yupon Street, raised concerns regarding the site plan's wording and the safety risks posed by large vehicles entering and leaving the storage facility. Mr. Gove provided closing remarks regarding Ordinance No. 80-25. Mr. Posey provided closing remarks. Motion: Vice Mayor McGuirk moved to continue Ordinance No. 80-25 until the regular City Commission meeting scheduled for Tuesday, March 24, 2026. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 10.B 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. Motion: Vice Mayor McGuirk moved to continue Ordinance No. 81-25 until the regular City Commission meeting scheduled for Tuesday, March 24, 2026. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 10.C 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. Motion: Vice Mayor McGuirk moved to continue Ordinance No. 82-25 until the regular City Commission meeting scheduled for Tuesday, March 24, 2026. Commissioner Perrine seconded the motion. The motion passed by unanimous vote.

7 | P a g e 10.D Ordinance No. 84-25: Conduct a Second Reading and Public Hearing of an Ordinance, which, if adopted, would amend Future Land Use designation from Commercial to Medium Density Residential in the City's Comprehensive Plan for approximately 1.01 acres located at 1300 S. Atlantic Avenue. City Attorney Avallone read Ordinance No. 84-25 for the second time by title only. A Public Hearing was conducted for Ordinance No. 84-25. Shane Corbin, Development Services Director, outlined a PowerPoint presentation. Michael J. Woods, Cobb Cole, outlined a PowerPoint presentation. Bobby Luthra outlined a report. Mayor Cleveland opened the Public Hearing. Carl Hodges, 620 Riverside Drive, commented in support of Ordinance No. 84-25 and commented on the collaborative efforts involved. Chad Erickson, 2100 Ocean Drive, spoke in support of Ordinance No. 84-25. Ricker Schrader, 6381 Engram Road, spoke in support of Ordinance No. 84-25 and commented on stormwater, flooding, and traffic issues. Riley Willis, 4051 Hill Street, commented in support of Ordinance No. 84-25. Gio Giovanni, 4051 Hill Street, commented in support of Ordinance No. 84-25 Name and address not provided, commented in support of Ordinance No. 84-25. Ignacio Barsottelli, 401 Flagler Avenue, commented in support of Ordinance No. 84-25 and commented on planning the growth. Richard Flanigan, 4258 Sun Village Court, commented in support of Ordinance No. 84-25. Suzanne Trzaskus, 1300 Hill Street, commented in support of Ordinance No. 84-25. Jennifer Devine, 3205 Hill Street, commented in support of Ordinance No. 84-25 Cindy Sniezak, 512 Yupon Street, commented on zoning for the area.

8 | P a g e Jesse Romero, 712 Cooper Ave, provided remarks regarding the application process, the property's historical background, and the possible transition of properties to short-term rentals. Mr. Corbin clarified not putting a condition on a zone change. Mr. Luthra addressed traffic concerns and the short-term rental usage. Mr. Woods clarified the zoning on the property. Motion: Commissioner Perrine motion to adopt Ordinance No. 84-25 which would amend Future Land Use designation from Commercial to Medium Density Residential in the City's Comprehensive Plan for approximately 1.01 acres located at 1300 S. Atlantic Avenue. Vice Mayor McGuirk seconded the motion. The motion passed by 4-1 majority vote with Commissioner Martin voting no. 10.E Ordinance No. 85-25: Conduct a Second Reading and Public Hearing of an Ordinance, which, if adopted, would rezone approximately 1.01 acres of commercial property from B-2, Neighborhood Business District to R-3A, Single Family and Two Family (Zero Lot Line) Residential located at 1300 S Atlantic Avenue. City Attorney Avallone read Ordinance No. 85-25 for the second time by title only. A Public Hearing was conducted for Ordinance No. 85-25. Mayor Cleveland opened the Public Hearing. As no citizens wished to speak, the public hearing was closed. Motion: Vice Mayor McGuirk moved to adopt Ordinance No. Ordinance, which, if adopted, would rezone approximately 1.01 acres of commercial property from B-2, Neighborhood Business District to R-3A, Single Family and Two Family (Zero Lot Line) Residential located at 1300 S Atlantic Avenue. Commissioner Perrine seconded the motion. The motion passed by 4-1 majority vote with Commissioner Martin voting no. 10.F Ordinance No. 86-25: Conduct a Second Reading and Public Hearing of an ordinance which, if adopted, would grant a non-exclusive franchise agreement to Creative Environmental Services, Inc. City Attorney Avallone read Ordinance No. 86-25 for the second time by title only.

9 | P a g e A Public Hearing was conducted for Ordinance No. 86-25. David Ray, Public Works Director, outlined a report. Mayor Cleveland opened the Public Hearing. As no citizens wished to speak, the public hearing was closed. Motion: Commissioner Perrine moved to adopt Ordinance No. 86-25 which would grant a non-exclusive franchise agreement to Creative Environmental Services, Inc. Commissioner Martin seconded the motion. The motion passed by unanimous vote. 10.G Ordinance No. 87-25: Conduct a Second Reading and Public Hearing of an Ordinance, which, if adopted, would grant a non-exclusive franchise agreement to GFL Environmental. City Attorney Avallone read Ordinance No. 87-25 for the second time by title only. A Public Hearing was conducted for Ordinance No. 87-25. David Ray, Public Works Director, outlined a report. Mayor Cleveland opened the Public Hearing. As no citizens wished to speak, the public hearing was closed. Motion: Commissioner Ashley moved to adopt Ordinance No. 87-25 which would grant a non- exclusive franchise agreement to Creative Environmental Services, Inc. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 11. ORDINANCES FIRST READINGS 11.A Ordinance No. 01-26: Conduct the First Reading of an Ordinance, which, if adopted, upon Second Reading and Public Hearing, would approve the South Village New Smyrna Beach Community Development District (CDD) for South Village Residential Subdivision. City Attorney Avallone read Ordinance No. 01-26 for the first time by title only. The reported that second reading and public hearing was scheduled for Tuesday, January 27, 2026.

10 | P a g e 11.B Ordinance No. 02-26: Conduct a First Reading of an ordinance, which, if adopted upon Second Reading and Public Hearing, would annex approximately 15.2 + acres of land located on Paige Avenue. (0880) City Attorney Avallone read Ordinance No. 02-26 for the first time by title only. The reported that second reading and public hearing was scheduled for Tuesday, January 27, 2026. 11.C Ordinance No. 03-26: Conduct a First Reading of an Ordinance, which, if adopted at a Second Reading and Public Hearing, would approve a requested Small-Scale Comprehensive Plan amendment changing the Future Land Use to Conservation for property located on Paige Avenue as part of an overall annexation application. (0880) City Attorney Avallone read Ordinance No. 03-26 for the first time by title only. The reported that second reading and public hearing was scheduled for Tuesday, January 27, 2026. 11.D Ordinance No. 04-26: Conduct a First Reading of an ordinance, which, if adopted at a Second Reading and Public Hearing, would rezone approximately 15.2 + acres of land to Conservation on property located on Paige Avenue as part of an overall annexation application. (0880) City Attorney Avallone read Ordinance No. 04-26 for the first time by title only. The reported that second reading and public hearing was scheduled for Tuesday, January 27, 2026. 11.E Ordinance No. 05-26: Conduct a First Reading of an ordinance, which, if adopted at a Second Reading and Public Hearing, would annex approximately 0.22 + acres of land located on Oliver Drive. City Attorney Avallone read Ordinance No. 05-26 for the first time by title only. The reported that second reading and public hearing was scheduled for Tuesday, January 27, 2026. 11.F Ordinance No. 06-26: Conduct a First Reading of an ordinance, which, if adopted at a Second Reading and Public Hearing, would approve a requested Small-Scale Comprehensive Plan amendment changing the Future Land Use to Medium Density Residential on property located on Oliver Drive as part of an overall annexation application. City Attorney Avallone read Ordinance No. 06-26 for the first time by title only. The reported that second reading and public hearing was scheduled for Tuesday, January 27, 2026.

11 | P a g e 11.G Ordinance No. 07-26: Conduct a First Reading of an ordinance, which, if adopted at a Second Reading and Public Hearing, would rezone approximately 0.22 + acres of land to R-2, Single-Family Residential on property located on Oliver Drive as part of an overall annexation application. City Attorney Avallone read Ordinance No. 07-26 for the first time by title only. The reported that second reading and public hearing was scheduled for Tuesday, January 27, 2026. 11.H Ordinance No. 08-26: Conduct a First Reading of an ordinance, which, if adopted, upon Second Reading and Quasi-Judicial Hearing, would rezone approximately 0.85 + acres of land to R-2, Single-Family Residential with an "A" attached for the Airport Height Notification Zone for property located at 1701 South Dixie Freeway. City Attorney Avallone read Ordinance No. 08-26 for the first time by title only. The reported that second reading and public hearing was scheduled for Tuesday, January 27, 2026 12. BOARDS AND COMMISSIONS 12.A Appointment Building Trades Examining Board: Consider the appointment of one (1) citizen as a regular member and one (1) citizen as an alternate member to serve on the Building Trades Examining Board. Mr. James Stimson was appointed as a regular member of the Building Trades Examining Board. Mr. Paul Heer was appointed as an alternate member of the Building Trades Examining Board. 12.B Board Vacancy Notice - Economic Development Advisory Board 13. MAYOR AND COMMISSIONER COMMENTS Vice Mayor McGuirk expressed appreciation for Commission returning in 2026. Commissioner Martin shared her attendance at holiday celebrations, commented on Habitat cottages village for seniors and expressed an interest in discussing condos over businesses. Commissioner Ashley conveyed appreciation for returning to serve in 2026.

12 | P a g e Mayor Cleveland reported on attending an elected official round table, noted that Volusia County Sheriff rates of incidents in the County were trending down, discussed sand replacement for central and south beach, commented on Senate Bill 180, the upcoming opening of Coronado Civic Center, and announced the Martin Luther King Jr. Day breakfast on Monday, January 17, at Pleasant Grove, followed by the parade. He also mentioned the Mayor’s Fitness Challenge beginning January 19, lasting eight weeks. 14. CITY CLERK'S REPORT City Clerk Taylor-Harding reported the CRA meeting scheduled for Tuesday, January 27, 2026, was scheduled to begin at 5:10 PM. 15. CITY ATTORNEY'S REPORT City Attorney Avallone provided a brief overview of the 2026 Legislative Session. 16. ADJOURNMENT As there was no further business to discuss, Mayor Cleveland adjourned the meeting at 9:44 PM.