City Commission Regular Meeting

1 | P a g e City Commission Regular Meeting Tuesday, February 10, 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, February 10, 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 Police Department Chaplain Bill Kitchin gave the invocation. Wandalyn and Keith Capps led those present in the Pledge of Allegiance. 3. APPROVAL OF THE AGENDA 4. ANNOUNCEMENTS/PRESENTATION/RECOGNITIONS 5. CITY MANAGER'S REPORT 5A. City Manager's Report City Manager Cowper outlined a report.

2 | P a g e 6. PUBLIC PARTICIPATION Michael Don Johnson, Seminole County resident, commented on the upcoming election for District 3. Gina Ferlan, 628 South Pine Street, commented on item 11A Ordinance No. 76-25. Myron Hammond, 2033 South Ridgewood Avenue, Edgewater Towing and Recovery, commented on towing a contract for the City of New Smyrna Beach. Patricia Blake-Harris asked the Mayor to expound on his trip to Tallahassee SB 840 and SB 180. 7. CONSENT AGENDA 7A. Consider the adoption of the minutes from the City Commission regular meeting held on Tuesday, January 27, 2026. Motion: Commissioner Martin moved to adopt the minutes from the City Commission regular meeting held on Tuesday, January 27, 2026. Vice Mayor McGuirk seconded the motion. The motion passed by unanimous vote. 7B. Consider the approval of a Grant Award from the Florida Firefighter Cancer Decontamination Equipment Grant Program (FFCDEGP). Motion: Commissioner Martin moved to approve a Grant Award from the Florida Firefighter Cancer Decontamination Equipment Grant Program (FFCDEGP). Vice Mayor McGuirk seconded the motion. The motion passed by unanimous vote. 7C. Consider the approval of a Dock Easement Agreement to allow for a single- family residential dock to be located along the east side of South Riverside Drive across from property addressed at 1210 South Riverside Drive. Motion: Commissioner Martin moved to approve a Dock Easement Agreement to allow for a single-family residential dock to be located along the east side of South Riverside Drive across from property addressed at 1210 South Riverside Drive. Vice Mayor McGuirk seconded the motion. The motion passed by unanimous vote. 7G. Consider the approval of a proposed Sidewalk Café Agreement for Bricks European Cafe and the Galley located at 421 Canal Street.

3 | P a g e Motion: Commissioner Martin moved to approve a proposed Sidewalk Café Agreement for Bricks European Cafe and the Galley located at 421 Canal Street. Vice Mayor McGuirk seconded the motion. The motion passed by unanimous vote. 7D. Special Event: Consider the approval of the weekly Food Truck Event in Venetian Bay, to be held every Monday starting on February 16, 2026 through December 28, 2026. Motion: Commissioner Martin moved to approve a weekly Food Truck Event in Venetian Bay, to be held every Monday starting on February 16, 2026, through December 28, 2026. Vice Mayor McGuirk seconded the motion. The motion passed by unanimous vote. 7E. Special Event: Consider the approval of the Southeast Volusia Historical Society's Heritage Day Event 2026, to be held on Saturday, March 28, 2026. Motion: Commissioner Martin moved to approve the Southeast Volusia Historical Society's Heritage Day Event 2026, to be held on Saturday, March 28, 2026. Vice Mayor McGuirk seconded the motion. The motion passed by unanimous vote. 7F. Special Event: Consider the approval of the Mike Martin Pro/AM event 2026, to be held on Thursday, April 9, 2026. Motion: Commissioner Martin moved to approve the Mike Martin Pro/AM event 2026, to be held on Thursday, April 9, 2026. Vice Mayor McGuirk seconded the motion. The motion passed by unanimous vote. 8. ADMINISTRATIVE ITEMS/NEW BUSINESS 9. QUASI-JUDICIAL HEARINGS 10. PUBLIC HEARINGS 10A. Ordinance No. 09-26: Conduct a Second Reading and Public Hearing of an Ordinance, which, if adopted, would annex approximately 5 + acres of land located on Paige Avenue. (0881) A public hearing was conducted for Ordinance No. 09-26. City Attorney Avallone read Ordinance No. 09-26 for the second time by title only.

4 | P a g e Bob Mathen, Senior Planner, outlined a PowerPoint presentation. 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. 09-26, which would annex approximately 5 + acres of land located on Paige Avenue. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 10B. Ordinance No. 10-26: Conduct a Second Reading and Public Hearing of an Ordinance, which, if adopted, would approve a Small-Scale Comprehensive Plan amendment changing the Future Land Use on Approximately 5 + acres of land located on Paige Avenue. A public hearing was conducted for Ordinance No. 10-26. City Attorney Avallone read Ordinance No. 10-26 for the second time by title only. Bob Mathen, Senior Planner, outlined a PowerPoint presentation. Mayor Cleveland opened the public hearing. As no citizens wished to speak, the public hearing was closed. Motion: Commissioner Martin moved to adopt Ordinance No. 10-26, which would approve a Small-Scale Comprehensive Plan amendment, changing the Future Land Use to approximately 5 + acres of land located on Paige Avenue. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 10C. Ordinance No. 11-26: Conduct a Second Reading and Public Hearing of an Ordinance, which, if adopted, would rezone approximately 5 + acres of land to Conservation for property located on Paige Avenue. A public hearing was conducted for Ordinance No. 11-26. City Attorney Avallone read Ordinance No. 11-26 for the second time by title only. Bob Mathen, Senior Planner, outlined a PowerPoint presentation. Mayor Cleveland opened the public hearing.

5 | P a g e As no citizens wished to speak, the public hearing was closed. Motion: Commissioner Martin moved to adopt Ordinance No. 11-26, which would rezone approximately 5 + acres of land to Conservation for property located on Paige Avenue. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 10D. Ordinance No. 12-26: Conduct a Second Reading and Public Hearing of an ordinance, which, if adopted , would annex approximately 4.5 + acres of land for property located on Paige Avenue. A public hearing was conducted for Ordinance No. 12-26. City Attorney Avallone read Ordinance No. 12-26 for the second time by title only. Bob Mathen, Senior Planner, outlined a PowerPoint presentation. Mayor Cleveland opened the public hearing. As no citizens wished to speak, the public hearing was closed. Motion: Commissioner Martin moved to adopt Ordinance No. 12-26 which would annex approximately 4.5 + acres of land for property located on Paige Avenue. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 10E. Ordinance No. 13-26: Conduct a Second Reading and Hearing of an Ordinance, which, if adopted , would approve a 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. A public hearing was conducted for Ordinance No. 13-26. City Attorney Avallone read Ordinance No. 13-26 for the second time by title only. Bob Mathen, Senior Planner, outlined a PowerPoint presentation. Mayor Cleveland opened the public hearing. As no citizens wished to speak, the public hearing was closed.

6 | P a g e Motion: Commissioner Perrine moved to adopt Ordinance No. 13-26, which would approve a 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. Commissioner Martin seconded the motion. The motion passed by unanimous vote. 10F. Ordinance No. 14-26: Conduct a Second Reading and Public Hearing of an Ordinance, which, if adopted, would rezone approximately 4.5 + acres of land to Conservation for property located on Paige Avenue as part of an overall annexation application. A public hearing was conducted for Ordinance No. 14-26. City Attorney Avallone read Ordinance No. 14-26 for the second time by title only. Bob Mathen, Senior Planner, outlined a PowerPoint presentation. 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. 14-26 which would rezone approximately 4.5 + acres of land to Conservation for property located on Paige Avenue as part of an overall annexation application. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 10G. Ordinance No. 15-26: Conduct a Second Reading and Public Hearing of an Ordinance, which, if adopted, would annex approximately 2.75 + acres of land located on Doster Drive. A public hearing was conducted for Ordinance No. 15-26. City Attorney Avallone read Ordinance No. 15-26 for the second time by title only. Bob Mathen, Senior Planner, outlined a PowerPoint presentation. Mayor Cleveland opened the public hearing. As no citizens wished to speak, the public hearing was closed.

7 | P a g e Motion: Commissioner Ashley moved to adopt Ordinance No. 15-26 which would annex approximately 2.75 + acres of land located on Doster Drive. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 10H. Ordinance No. 16-26: Conduct a Second Reading and Public Hearing of an Ordinance, which, if adopted, would approve a Small-Scale Comprehensive Plan amendment changing the Future Land Use to Conservation for property located on Doster Drive as part of an overall annexation application. A public hearing was conducted for Ordinance No. 16-26. City Attorney Avallone read Ordinance No. 16-26 for the second time by title only. Bob Mathen, Senior Planner, outlined a PowerPoint presentation. 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. 16-26 which would approve a Small-Scale Comprehensive Plan amendment changing the Future Land Use to Conservation for property located on Doster Drive as part of an overall annexation application. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 10I. Ordinance No. 17-26: Conduct a Second Reading and Public Hearing of an Ordinance, which, if adopted, would rezone approximately 2.75 + acres of land to City Conservation located on Doster Drive as part of an overall annexation application. A public hearing was conducted for Ordinance No. 17-26. City Attorney Avallone read Ordinance No. 17-26 for the second time by title only. Bob Mathen, Senior Planner, outlined a PowerPoint presentation. Mayor Cleveland opened the public hearing. As no citizens wished to speak, the public hearing was closed.

8 | P a g e Motion: Commissioner Martin moved to adopt Ordinance No. 17-26 which would rezone approximately 2.75 + acres of land to City Conservation located on Doster Drive as part of an overall annexation application. Commissioner Ashley seconded the motion. The motion passed by unanimous vote. 10J. Ordinance No. 18-26: Conduct a Second Reading and Public Hearing of an Ordinance, which, if adopted, would amend section 1007.00 Subdivision Plat Process. A public hearing was conducted for Ordinance No. 18-26. City Attorney Avallone read Ordinance No. 18-26 for the second time by title only. Bob Mathen, Senior Planner, outlined a PowerPoint presentation. 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. 18-26 which would amend section 1007.00 Subdivision Plat Process with the stipulation to remove “professional land surveyors” from 1008.00. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 10K. Ordinance No. 19-26: Conduct a Second Reading and Public Hearing of an Ordinance, which, if adopted, would establish Section 70-6. Sleeping. A public hearing was conducted for Ordinance No. 19-26. City Attorney Avallone read Ordinance No. 19-26 for the second time by title only. Bob Mathen, Senior Planner, outlined a PowerPoint presentation. Mayor Cleveland opened the public hearing. Keith Abel, 1224 Commodore Drive, commented in appreciation for assisting the unhoused and finding good solutions and underscored the importance of being proactive. Mayor Cleveland closed the public hearing.

9 | P a g e Motion: Commissioner Martin moved to adopt Ordinance No. 19-26 which would establish Section 70-6. Sleeping. Commissioner Perrine seconded the motion. The motion passed by unanimous vote. 11. ORDINANCES FIRST READINGS 11A. Ordinance No. 76-25: Conduct a First Reading of an Ordinance, which, if adopted, upon Second Reading and Public Hearing would create a definition and process for reviewing an application for a Certified Recovery Residence as required under Senate Bill 954. City Attorney Avallone read Ordinance No. 76-25 for the first time by title only. She announced that second reading and public hearing was scheduled for Tuesday, February 24, 2026. 11B. Ordinance No. 20-26: Conduct a First Reading of an Ordinance, which, if adopted, upon Second Reading and Public Hearing, would vacate a portion of Citron Street, north of the SR 44 overpass. City Attorney Avallone read Ordinance No. 20-26 for the first time by title only. She announced that second reading and public hearing was scheduled for Tuesday, February 24, 2026. 11C. Ordinance No. 21-26: Conduct a First Reading of an Ordinance, which, if adopted, upon Second Reading and Public Hearing, would vacate a portion of Buck Lane for the future expansion of Fire Station #50. City Attorney Avallone read Ordinance No. 21-26 for the first time by title only. She announced that second reading and public hearing was scheduled for Tuesday, February 24, 2026. 12. BOARDS AND COMMISSIONS 12A Board Vacancy Notice: Utilities Commission 12B. Board Vacancy Notice: The Code Compliance Board currently has three (3) unfilled three-year term length vacancy, which will expire on March 4, 2026. 13. MAYOR AND COMMISSIONER COMMENTS Vice Mayor McGuirk commented on First Step Shelter Gala and the Upward Trend fundraisers.

10 | P a g e Commissioner Perrine spoke about the Turnbull Creek conservation efforts and gave an overview of the support and services provided by First Step shelter. She shared updated figures and noted the recent shelter fundraiser was a great success, expressed gratitude to all supporters. Commissioner Martin provided remarks regarding the acquisition of conservation easements on the Turnbull Bay property in perpetuity. Commissioner Ashley attended the Mayors Gala First Step Shelter, met Samantha Bergeron regarding SR 44, and joined Debbie Miehls at a city chamber lunch. He also toured Upward Trend Academy, met Mark Watts from Cobb Cole about South Village, and noted the upcoming Pro-Am Surf Festival on April 9th. Mayor Cleveland commented on the Southeast Volusia Chamber of Commerce calendar event to create one citywide calendar, the students who attend the Upward Trend Academy, and the State of the City hosted by the Southeast Volusia Chamber of Commerce. Additionally, he provided a brief summary of his trip to Tallahassee Days meeting with legislators. 14. CITY CLERK'S REPORT 15. CITY ATTORNEY'S REPORT 15A. Proposed Legislative Bill Summaries as of February 3, 2026. City Attorney Avallone provided an overview of the Senate Bill in the Legislative Session. 16. ADJOURNMENT As there was no further business to discuss, Mayor Cleveland adjourned the meeting at 7:05 PM.