APPROVED  TOWN OF DUCK PLANNING BOARD REGULAR MIEETING May 10, 2023  The Planning Board for the Town of Duck convened at the Paul F. Keller Meeting Hall on Present: Chair James Cofield, Vice-Chair Joe Blakaitis, Marc Murray, Brenda Chasen and Bob Also present: Council Liaison Sandy Whitman, Senior Planner Sandy Cross, Director of Community Development Joe Heard, Community Planner Jim Gould and Deputy Town Clerk Chair Cofield called to order the Regular Meeting of the Planning Board for May 10, 2023 at 6:32  Wednesday, May 10, 2023.  Wetzel.  Melissa Felthousen.  p.m.  PUBLIC COMMENTS  None.  ELECTION OF OFFICERS  Member Blakaitis nominated James Cofield for reelection as Chair. Member Wetzel nominated MemberCofield nominated Joel Blakaitis forr reelection as Vice-Chair. Member Chasen nominated Bob Wetzel as Vice-Chair. Bob Wetzel was elected Planning Board Vice Chair 3-2. Both Murray and Wetzel assumed their respective roles immediately.  Marc Murray as Chair. Marc Murray was elected Planning Board Chair 3-2.  NEW BUSINESS  a. ORD 23-07: Text Amendment to Sections 30.35 through 30.40 of the Town Code Director of Community Development Joe Heard stated the Town Council asked Community Development staff to review the bylaws that were adopted in 2004 and to make recommended amendments. The purpose of draft Ordinance 23-07 is to update and amend Town Code Sections  Providing a Description and Duties oft the Planning Board  30-35 through 30-40 in the following ways:  Add the general purposes of the Planning Board Establish duties for each of the Board's officers.  Update the list ofofficers.  Outline meeting schedules, cancellations, and notice requirements    Update duties and expectations of the Board members.  Heard stated these draft amendments are items moved from the former bylaws to the Town Code and are intended to serve a public purpose by providing a more comprehensive description of the Planning Board and its duties in the Town Code rather than the Board bylaws, making this knowledge more publicly accessible. Heard stated the Planning Board does not have a specific role in the consideration of or adoption of the amendments to Sections 30-35 through 30-40, sono formal action is necessary for the Board relating to draft Ordinance 23-07 but he recognizes that Board members likely have an interest in their description and duties in these amendments. Member Cofield moved to table discussions surrounding ORD: 23-07 and was in favor of forming Chair Murray granted each Planning Board Member an opportunity to comment on the motion as to further discussion surrounding ORD 23-07. Member Chasen stated she had confidence in moving forward. Member Blakaitis had no comment. Member Wetzel stated he was generally  acommittee to gather more: information.  comfortable with moving forward.  Murray asked ift there was a second to Cofield's motion. There were none.  Board Members discussed various line items within the ordinance for attachment A and B. There was a consensus (3-2)recommending: ai requirement for Planning Board members to be full- Members discussed wording related tol Planning Board members' eligibility to be reappointed and The Board discussed the language and detail of item 30.40 (I). Murray stated he would like to keep the wording open as to the amount of feedback provided to the Town Council to allow for the Chair'sown: style and would defer to Council ift they desire more or less than what is provided. Heard clarified that the Board bylaws were adopted nearly 20 years ago. His suggestion eliminate or redact the current bylaws. He stated all content related to the function of the Board is to could be moved into the ordinance. Heard explained content related to the internal procedures of Member Chasen suggested and Director Heard concurred that including a redaction oft the existing  time Town residents. felt that was desirable.  the Board could be adopted separately by the Planning Board as a guideline.  bylaws as Part 3 in the ordinance is one course of action.  b. Review/Discussion of Planning Board Rules ofl Procedure Heard noted that the Rules of] Procedure would be adopted separately.    Cross suggested amending Section 1- Conduct of Meetings - "to enforce compliance with these bylaws". Heard agreed that the wording in Section 1 should be updated to remove "bylaws" Murray questioned the historically informal protocol of the Planning Board and whether the Chair should be allowed to bring a motion. Cofield agreed that generally the Chair should not make Board members discussed the attendance policy as it relates to unexcused, excused, and consecutive absences as well as exploring similar governing documents across the state, including the general statute provision. Murray askedifany additions rather than amendments or corrections  verbiage and be replaced with "rules and procedures".  motions. Wetzel and Chasen had no opinion on this matter.  to the internal procedures that members felt should be made.  Heard clarified that rules and procedures can be updated in the future at any time.  Murray stated the motion to appoint a committee was not seconded, however discussion will Cross stated staff would explore other similar governing documents in other communities to  continue at future meetings of the Board. present to the Board in the future.  C. Discussion of Potential Updates to Commercial Slandards/Guidelines  Heard described the Duck Town Council's desire for staff to work with local businesses making reasonable efforts to come into compliance with expired Town allowances for the use of tents, outdoor seating, and related provisions during State limitations due to COVID-19. He stated several businesses will likely be submitting revised applications for special use permits in the coming months because of these efforts. He stated Council members also asked Community Development staff to evaluate the Town's development standards as they relate to business operations. Heard noted two specific standards needing discussion as allowances for outdoor waiting areas and minimum parking requirements as it relates to restaurants. He asked for the Planning Board's assistance in identifying any additional issues that need to be addressed, information that would be valuable, or questions that would need to be asked of local businesses Chasen questioned what modifications have been made since COVID, what currently remains in place, if there is ai timeline for compliance, and if a SUP is sought, what value is added to business Cross described allowances that were made during COVID and stated that businesses were never allowed to exceed occupancy for which they were permitted. She explained the challenges faced during the post COVID environment because of inflation, labor shortages, and changes in the economy. Cross added that some restaurants have exceeded original occupancy limits and were finding it difficult to get back to former occupancy and meet their bottom line. Cross outlined the Council's desire for Staff to enforce ordinances, however nothing is stated in the ordinance that speaks to waiting areas. She added that some may complain about the timing ofenforcement, but  and patrons during the upcoming survey and review.  and patrons.    there is never a good time. Cross added that she is monitoring and working with local restaurants, and the lines of communication are open with restaurants keeping the Town apprised of progress coming into compliance. She indicated the goal is to find a balance between what is good for the Heard stated that several businesses are preparing to submit Special Use Permits in the future to Cofield suggested Staff conduct a survey of the community. Cross replied that Staff is in the process of developing surveys. Blakaitis had no comment. Wetzel commented on the importance offocusing on what ist trying to be accomplished through this review and being a business-friendly  community, businesses, neighborhoods, and adjacent property owners.  expand their previous approvals.  community.  Heard stated Staff will enforce whatever is on the books.  Cross added that the 2032 Vision needs tol be kept ini mind. She stated it's a different environment post-COVID. She questioned the regulations that were put in place in 2004 and if the present. She described the changes in the community since 2004 and how the addition they of the boardwalk and sidewalks has changed how people get to and from places. She noted the be best determined when research is completed, and discussions ensue, Murray added surveys can be useful, but also raised concerns regarding the sample of  relate to will goal people  surveyed and the background of the respondents.  Cross stated Community Planner, Jim Gould, has put together a list of Murray questioned the amount of time needed to change. Cross described the to be thorough and holistic and, in the meantime, to maintain Heard stated bringing businesses into compliance willl be an overlapping  will be provided for review. She stated questions will be internally vetted survey before questions, which  disseminating. as process needing  businesses.  weekly communication with and process timing should  be based on an educated decision.  Cross offered to send survey questions to the Board digitally and welcomed feedback  survey questions. APPORVAL OFI MINUTES  regarding  Minutes from the April 12, 2023, Meeting  Chasen motioned to approve the minutes from April 12, 2023, as presented.  Cofield seconded. Motion carried 5-0.    STAFF COMMENTS  Summary of May 3, 2023, Regular Town Council Meeting Heard gave a short summary of the recent Town Council meeting.  Project Updates  Cross gave a short overview of various projects going on in the Town.  BOARD COMMENTS  None.  ADJOURNMENT  Murray welcomed new Board members Chasen and Wetzel again. Murray moved to adjourn the meeting. Cofield seconded. The meeting was adjourned by consensus oft the Board Members.  The time was 8:00 pm. Approved:  Marc  Chairman  Z