Agenda: Application Assessment Panel Date: Tuesday 18 ... · Room), 536 New South Head Road, Double...

Agenda: Application Assessment Panel

Date: Tuesday 18 August 2015

Time: 3.00pm

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Outline of Meeting Protocol & Procedure: The Chairperson will call the Meeting to order and ask the Panel/Staff to present apologies or

late correspondence. The Chairperson will commence the Order of Business as shown in the Index to the Agenda. At the beginning of each item the Chairperson will ask whether a member(s) of the public

wish to address the Panel. If person(s) wish to address the Panel, they are allowed three (3) minutes in which to do so.

Please direct comments to the issues at hand. If there are persons representing both sides of a matter (eg applicant/objector), the objector

speaks first. At the conclusion of the allotted three (3) minutes, the speaker resumes his/her seat and takes

no further part in the debate unless specifically called to do so by the Chairperson. If there is more than one (1) person wishing to address the Panel from the same side of the

debate, the Chairperson will request that where possible a spokesperson be nominated to represent the parties.

The Chairperson has the discretion whether to continue to accept speakers from the floor. After considering any submissions the Panel will debate the matter (if necessary), and arrive

at a resolution. Note: Matters where there is a substantive change to the recommendation of the Council Officer are

referred to the next appropriate meeting of the Application Assessment Panel. Note: Matters can be “called” from this Panel Meeting to the Development Control Committee

(DCC) by Councillors subject to the following requirements: - Calling requires one Councillor - A Councillor may call a matter by written or oral request by 3.00pm on the business day

preceding the meeting at which the item is listed - A Councillor who is in attendance at the Application Assessment Panel meeting may call a

matter at any time prior to the completion of the meeting by orally advising the Panel Chairperson.

Woollahra Municipal Council Application Assessment Panel Agenda 18 August 2015

Woollahra Municipal Council

Notice of Meeting

10 August 2015 To: Timothy Tuxford (Manager – Compliance) (Chair) Christopher Bluett (Manager – Strategic Planning) Allan Coker (Director – Planning & Development) Gary James (General Manager) Tom O’Hanlon (Director – Technical Services) CC: The Mayor All Councillors

Application Assessment Panel – 18 August 2015 In accordance with the provisions of the Local Government Act 1993, I request your attendance at Council’s Application Assessment Panel meeting to be held in the Thornton Room (Committee Room), 536 New South Head Road, Double Bay, on Tuesday 18 August 2015 at 3.00pm. Gary James General Manager


Meeting Agenda Item Subject Page 1. Leave of Absence and Apologies 2. Late Correspondence 3. Declarations of Interest

Items to be Decided by this Committee using its Delegated Authority

D1 Confirmation of Minutes of Meeting held on 11 August 2015 .................................... 1 D2 DA520/2013/2 - 92 Hargrave Street, Paddington ........................................................ 3

*See Recommendation


Item No. D1 Page 1

Item No: D1 Delegated to Committee

Subject: CONFIRMATION OF MINUTES OF MEETING HELD ON 11 AUGUST 2015

Author: Sue O’Connor File No: 15/109010 Reason for Report: The Minutes of the Application Assessment Panel of 11 August 2015

were previously circulated. In accordance with the guidelines for Committees’ operations it is now necessary that those Minutes be formally taken as read and confirmed.

Recommendation: THAT the Minutes of the Application Assessment Panel Meeting of 11 August 2015 be taken as read and confirmed.


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SECTION 96 APPLICATION ASSESSMENT REPORT ITEM No. D2

FILE No. DA 520/2013/2

ADDRESS 92 Hargrave Street PADDINGTON

SITE AREA ZONING TYPE OF CONSENT EXISTING CONSENT DATE OF CONSENT CONSENT AUTHORITY

120.1m2

R2 Low Density Residential

Local development

Internal alterations to existing restaurant and addition to adjacent dwelling including two-story extension to side boundary and internal alterations

23/12/2013

Woollahra Municipal Council

PROPOSED MODIFICATION

Modification of Condition I.1 relating to hours of operation to accommodate trading on Sunday: Proposed hours Monday to Saturday 12 noon to 12 midnight & Sunday 11am to 5pm

DATE S96 LODGED 21/07/2015

31/07/2015 – Plan of Management submitted

APPLICANT Mr G Brahimi

OWNER Mr A & Mrs L C Marinangeli

AUTHOR ACTING TEAM LEADER SUBMISSIONS RECOMMENDATION

Mr A Gilderdale

Mr T Wong

2

Approval


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SUMMARY 1. LOCALITY PLAN

2. LEVEL OF DELEGATION

Level of Delegation Recommendation of Report The proposed modification is to be determined by the Application Assessment Panel as it involves an extension to increase the hours of operation of a licensed restaurant.

Approval.

3. SUMMARY OF APPROVED DEVELOPMENT The approved development involves the following works: 92 Hargrave Street & 71 Elizabeth Street, PADDINGTON – Internal alterations to existing

restaurant and addition to adjacent dwelling including two-story extension to side boundary and internal alterations.

4. SUMMARY OF PROPOSED MODIFICATION The Section 96 application involves:

Subject site

Objectors

North


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Modification of Condition I.1 relating to hours of operation to accommodate trading on Sunday: Proposed hours Monday to Saturday 12 noon to 12 midnight & Sunday 11am to 5pm.

5. ISSUES 5.1 Primary Issues

Issue Conclusion Section Dealing with complaints

Refer to recommended condition I.5. 14 & 17

Glass sorting or collection

Refer to recommended condition I.6. 14 & 17

Plan of Management

Refer to recommended condition A.4 and condition I.8. 14 & 17

5.2 Summary of Submissions

Issue Conclusion Section Submission #1 1) Parking is already difficult in this area. Our friends find it difficult to park when they visit us. There are NO parking spaces attached to the restaurant. I do not have a parking space at my house so I have to drive around looking for parking, and end up parking a block away as it is. Our friends find it virtually impossible to get a space. Our plumber, electrician etc. can't find parking easily as it is, and this is so for our neighbours. Sometimes tradesmen refuse to come to this location.

Parking is subject to sign-posted parking restrictions which encourage turnover in on-street parking. A resident parking permit scheme also operates in this location.

N/A

2) There are two hotels which are close by, the Four in Hand and the other one close by in Hargrave St and Lucios Restaurant in Elizabeth St. There is already enough pressure on parking spaces and noise from these three establishments which negatively affect us, and the extra hours from Guillaumes will cause more noise noise and parking pressure.

Parking is subject to sign-posted parking restrictions which encourage turnover in on-street parking. A resident parking permit scheme also operates in this location. In terms of noise, condition I.2 of the original consent restricts that the use of the premises must not give rise to the transmission of offensive noise. In addition, condition I.5, I.6 and I.8 have been recommended to ensure that noise will be properly monitored. Furthermore, condition A.5 has been recommended requiring an 18 month trial period for the proposed new Sunday hours of use.

14 & 17

3) When people whistle loudly for a cab as they leave the restaurant, it is very noisy for us. They may behave nicely in the restaurant but when they leave they hoot and whistle and call out for cabs. This has a negative effect on our quiet enjoyment of our homes. Longer hours from G's will make this worse.

In terms of noise, condition I.2 of the original consent restricts that the use of the premises must not give rise to the transmission of offensive noise. In addition, condition I.5, I.6 and I.8 have been recommended to ensure that noise will be properly monitored. Furthermore, condition A.5 has been recommended requiring an 18 month trial period for the proposed new Sunday hours of use.

14 & 17

4) There are so many people wanting cabs that people often run onto the road to get the cab first, which is dangerous to motorists and to themselves. As they may also have been drinking with their meal this is also an added danger. Longer hours; more of this.

Pedestrians are required to obey the Australian Road Rules at law otherwise penalty infringement notices may be issued.

N/A


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Issue Conclusion Section 5) The patrons who stand on the upstairs balcony disturb us. As it faces Hargrave St the noise travels down the road with no houses to absorb the sound. The extra hours mean more people more noise. Normal conversations carry down the road surprisingly far.


14 & 17

6) The extra noise from calling out to taxis, and people on the balcony and the noise of their leaving from Monday to Saturday till MIDNIGHT is unfair to us.

The proposed modification of trading hours will have no change to Monday to Saturday.

N/A

7) This restaurant is not for locals. People from other suburbs are dining for special occasions.

This is not a relevant planning matter pursuant to s79C of the Environmental Planning & Assessment Act 1979.

N/A

8) Due to the formality and expense it would not be a place to take my nieces and nephews and children of friends.

This is not a relevant planning matter pursuant to s79C of the Environmental Planning & Assessment Act 1979.

N/A

9) The crashing from the large crate of bottles being emptied carries a long way. We can hear it in our house with the doors shut.The extra hours means more noise from bottles being emptied into the removal truck.


14 & 17

10) The delivery and pick up vans for linen and food etc. frequently park in the no parking zone, or on the bus stop; sometimes the vans double park or park partly on the road which is already dangerous. This means cars have to go around them onto the other side of the road.

Drivers required to obey the Australian Road Rules at law otherwise penalty infringement notices may be issued.

N/A

11) Road safety - I have had experience of putting the brakes on hard a number of times in order to avoid a pedestrian stepping out suddenly. Longer hours, more deliveries could be dangerous for this reason.

Drivers required to obey the Australian Road Rules at law otherwise penalty infringement notices may be issued.

N/A

13) Woollahra council is aware of the parking problem, and allowing trees to be cut down to make space for car ports. Paddington once was leafy with birds and possums. Each change has a knock on effect.

This is not relevant to the proposed modifications. N/A

Submission #2 This is the mentality and philosophy of the residents of Woollahra and Paddington. I can see and hear enough drunk people leaving restaurants and bars on Sunday afternoon in the streets of Woollahra and Paddington from the Four in Hand for example and others. I wouldn't like to be bother by more of them and getting closer.

The site benefits from existing use rights. Refer to sub-section 12 for further details. In terms of noise, condition I.2 of the original consent restricts that the use of the premises must not give rise to the transmission of offensive noise. In addition, condition I.5, I.6 and I.8 have been recommended to ensure that noise will be properly monitored. Furthermore, condition A.5 has been recommended requiring an 18 month trial period for the proposed new Sunday hours of use.

12, 14 & 17


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Issue Conclusion Section Also, they take their bins out at the end of each shift which is quite noisy. We can deal with it from Tuesday to Saturday but I would like to avoid this on Sundays.

PROPERTY DETAILS AND REFERRALS 6. SITE AND LOCALITY

Physical features The site known as 92 Hargrave Street, Paddington is rectangular in shape with a total site area of 120.1m2. Topography The site known as 92 Hargrave Street, Paddington has a cross fall approximately 2.75m between [RL 46.0] and [RL 43.25]. Existing buildings and structures The site known as 92 Hargrave Street, Paddington is a corner building containing a restaurant. Environment The sites are surrounded by a mixture of residential and commercial development.


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7. RELEVANT PROPERTY HISTORY

Current uses Restaurant. Previous Relevant Applications DA 520/2013/1 – Internal alterations to existing restaurant and addition to adjacent dwelling including two-story extension to side boundary and internal alterations – Approved 23/12/2013.

Pre-DA N/A Requests for Additional Information On 22/07/2015, Council requested the following additional information:

Plan of Management. On 31/07/2015, the requested Plan of Management was submitted by the applicant. Amended Plans/Replacement Application N/A Land and Environment Court Appeal N/A


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8. REFERRALS

Referral Summary of Comment Annexure Compliance Officer Acceptable 1

ASSESSMENT UNDER SECTION 96 The application is assessed under Section 96 of the Environmental Planning and Assessment Act 1979. 9. SECTION 96(1A): MODIFICATION INVOLVING MINIMAL ENVIRONMENTAL

IMPACT Section 96(1A) allows the modification of a development consent where Council is satisfied that the proposed modification is of minimal environmental impact. The considerations in Section 96(1A) require Council to address the following: a) It is satisfied that the proposed modification is of minimal environmental impact b) It is satisfied that the development to which the consent as modified relates is substantially the

same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all)

c) It has notified the application in accordance with:

i) The regulations, if the regulations so require ii) A development control plan, if the consent authority is a council that has made

a development control plan that requires the notification or advertising of applications for modification of a development consent

d) It has considered any submissions made concerning the proposed modification within any

period prescribed by the regulations or provided by the development control plan, as the case may be.

The proposed modification satisfies the aforementioned heads of consideration. ENVIRONMENTAL ASSESSMENT UNDER SECTION 79C The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979 include the following: 1. The provisions of any environmental planning instrument 2. The provisions of any proposed instrument that is/has been the subject of public consultation 3. The provisions of any development control plan 4. Any planning agreement that has been entered into 5. Any draft planning agreement that a developer has offered to enter into 6. The regulations 7. Any coastal zone management plan 8. The likely impacts of that development:

i) Environmental impacts on the natural and built environments ii) Social and economic impacts


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9. The suitability of the site 10. Any submissions 11. The public interest 10. ADVERTISING AND NOTIFICATION 10.1 Submissions The application was advertised and notified from 08/07/2015 to 22/07/2015 in accordance with Chapters A2.2.1, A2.3.1 and A2.8 of the Woollahra DCP 2015. 2 submissions were received from: 1. Genevieve Wensley & Laurel Fox 67 Hargrave Street PADDINGTON NSW 2021 2. David P – By email Refer to sub-section 5.2 for further details. 10.2 Statutory Declaration The applicant has completed the statutory declaration dated 23/07/2015 declaring that the site notice for DA520/2013/2 was erected and maintained during the notification period in accordance with Chapter A2.3.5 of the Woollahra DCP 2015. 11. SYDNEY REGIONAL ENVIRONMENTAL PLAN (SYDNEY HARBOUR

CATCHMENT) 2005 The land is within the Sydney Harbour catchment but is outside the Foreshores and Waterways Area and therefore there are no specific matters for consideration. 12. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2014 No. 92 Hargrave Street, Paddington is located in the R2 Low Density Residential zone pursuant to the Woollahra LEP 2014. The R2 Low Density Residential zone prohibits the site being used as a restaurant; however, Council records indicate the site benefits from existing use rights having regard to a lawfully commenced non-residential use and Cl.106 of the Environmental Planning and Assessment Act, 1979. Council records detail the following non-residential planning history inter alia: DA 697/2000/1 – Extension of trading hours during the Olympic period – Refused 18/09/2013

(However, existing use rights are noted), and DA 873/1982/1 – Alterations and additions detailing existing restaurant – Approved

27/09/1982. Accordingly, the proposal is lawful when taking into account the fact that existing use rights has been established and has been in operation continuously. 13. WOOLLAHRA DEVELOPMENT CONTROL PLAN 2015 Due to the nature of the proposed modification being restricted to the hours of use of the existing restaurant with no works proposed, a compliance table is not applicable in this case.

http://www.austlii.edu.au/au/legis/nsw/consol_reg/srephc2005587


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14. THE LIKELY IMPACTS OF THE MODIFIED PROPOSAL – EXTENDED HOURS OF USE TO SUNDAY

14.1 Intensification of Use – Compliance Officer’s Comments Council’s Compliance Officer has reviewed the proposed Sunday hours of use and provides:

“The proposal seeks to modify the approved hours of operation to include Sunday trading from 11am to 5pm, to cater for lunch time trade only. The premises have been operating as a licensed restaurant since 1968. The previous restaurant operated for 38 years without any issues or complaints. The current restaurant has been operating for more than a year from Monday to Saturday without any noise disturbance complaints, demonstrating that it can co-exist favourably in a predominantly residential neighbourhood. It is unlikely that the Sunday trading hours would give rise to any adverse impact on the neighbourhood in terms of noise and anti-social behaviour.”

14.2 Intensification of Use – Planning Principle In assessing the impact of intensification of the existing use, being a licensed restaurant, this assessment has regard to the case law established by Randall Pty Ltd v Leichhardt Council [2004] NSWLEC 277 which has established a two-step assessment process for the extension or intensification of a use. Assessment of the existing use – First, is the impact of the operation of the existing use on residential amenity acceptable? As discussed above Council has not received any complaints as confirmed by Council’s Compliance Officer. This demonstrates that the impact of the existing use on residential amenity is acceptable. Impact of the proposed extension or intensification – Second, if the answer is yes, is the impact of the proposed extension or intensification still acceptable? The proposed addition of Sunday hours of use is proposed from 11am to 5pm. It should be noted that it is not uncommon for cafes, restaurants and licensed premises to trade on Sunday’s within the suburb of Paddington. Notwithstanding this, the Plan of Management submitted by the applicant deliberates on the following matters: Hours of operation, Patron numbers, Litter patrols, Register dealing with complaints, Enforcing no entry after 11.45pm, Only granting access to patrons that have made a booking, Supervision of arriving and departing patrons, Erection of signage reminding patrons to consider the acoustic amenity of neighbours, Free taxi call for patrons provided, All doors and windows closed after 10pm,


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No-one will be permitted to access the balcony after 10pm, No live music, Max number of people on balcony at one limited to 6 people – No chairs on balcony, Deliveries to be conducted between 12 noon and 5pm, Suppliers will be advised not to park in the bus zone on Hargrave Street, Paddington, Video surveillance is in operation, RSA measures applied and enforced, Restaurant staff under the supervision of senior management staff, Licensee to liase with NSW Police Force – Rose Bay Local Area Command in the event of

any anti-social behaviour, and Education and training of staff provided. The Plan of Management is considered to be well founded and will ensure the restaurant has an acceptable impact on the residential amenity. Refer to the following conditions: A.4 ‘Approved (s96) supporting documents’, I.8 ‘Operation in Accordance with Plan of Management (POM)’. 14.3 Similar Licensed Premises in the Vicinity The site is located within the vicinity of the following non-residential uses (restaurant/ licensed premises uses) located within the R2 Low Density Residential zone: Four in Hand Hotel being a licensed premises and restaurant located at 105 Sutherland Street,

Paddington, and Lucios being a licensed restaurant located at 47 Windsor St, Paddington. The Four in Hand Hotel trades on Sunday’s, however, it is considered to have limited relevance to the assessment of this s96 application by virtue of its size and the fact that it is a licensed pub with a restaurant. Lucios is a licensed restaurant which does not trade on Sunday’s and is considered to have more relevance to the assessment of this s96 application. As Lucios does not trade on Sundays there is limited information concerning the actual impact of trading on Sunday’s within the R2 Low Density Residential zone in this location. Accordingly, condition A.5 ‘Time Limited Consent (Use)’ is recommended and includes a trial period of 18 months. 14.4 Conclusion In view of the above, the restaurant is therefore considered to be properly managed and the proposed Sunday trading is not considered to result in any unacceptable amenity impacts to the nearby residential properties such that amendment or refusal of the proposed Sunday hours of use would be justified. Notwithstanding this, condition I.2 of the original consent restricts that the use of the premises must not give rise to the transmission of offensive noise. In addition, condition I.5, I.6 and I.8 have been recommended to ensure that noise will be properly monitored. Furthermore, condition A.5 has been recommended requiring an 18 month trial period for the proposed new Sunday hours of use.


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15. THE PUBLIC INTEREST The proposed modification is considered to be in the public interest. 16. DISCLOSURE STATEMENTS There have been no disclosure statements regarding political donations or gifts made to any Councillor or to any council employee associated with this application by the applicant or any person who made a submission. 17. RECOMMENDATION Pursuant to Section 96 of the Environmental Planning and Assessment Act, 1979 THAT the Council, as the consent authority, modify development consent to Development Application No. 520/2013 for internal alterations to existing restaurant and addition to adjacent dwelling including two-story extension to side boundary and internal alterations on land at 92 Hargrave Street Paddington, subject to the following: Condition I.1 being modified to read as follows: I.1 Hours of use

The hours of use are limited to the following: (a) Monday to Saturday 12 noon to 12 Midnight (b) Sunday 11am to 5pm.

This condition has been imposed to mitigate amenity impacts upon the neighbourhood.

Note: Deliveries to or dispatches from the site must not be made outside these hours. Trading Hours may be

more onerous than these general hours of use. This condition does not apply to activities such as cleaning which takes place wholly within the building and which are not audible within any adjoining residential dwelling. If internal activities are audible within any adjoining residential dwelling such that they cause a nuisance to the occupiers of such dwelling than such internal activities must not occur outside these hours of use. This condition does not restrict the operation of noise pollution laws.

Standard Condition: I1 The following additional conditions being added: A.4 Approved Amended (s96) Plans and supporting documents

Those acting upon or under this amended consent must carry out all work and maintain the use and works in accordance with the approved plans and supporting documents listed in the original consent, as amended by the amended approved plans and supporting documents as submitted by the Applicant and to which is affixed a Council stamp “Approved Section 96 Plans” listed below otherwise than modified by further condition(s). Where the plans relate to amendments, alterations or additions only those works shown in colour or highlighted are approved.

Reference Description Author/Drawn Date(s)

Job No. 15219 Plan of Management GSA Planning Received 31/07/2015


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Note: These plans and supporting documentation may be subject to conditions modifying the development

imposed under section 80A(1)(g) of the Act (refer to conditions which must be satisfied prior to the issue of any Construction Certificate.)

Standard Condition: A6 A.5 Time Limited Consent (Use)

This is a time limited consent to allow Council to review any adverse impact upon the amenity of the neighbourhood of the use approved by this consent. The hours of use on Sunday specified in condition I.1 must cease by the end of the 18 month trial period which commences from the determination date of this application. In order to continue the use on Sunday a further development application or application to delete this condition under s96(2) of the Act must be lodged and determined before the end of that period. If no new development application or s96(2) application is lodged within the period and in time to allow Council to consider and determine the application, the use must cease at the end of that period. Council’s consideration of any further application will take into account matters including, but not limited to, compliance with conditions of this consent, any Plan of Management, and the number and nature of substantiated complaints to Council or the NSW Police Service. Standard Condition: A7

I.5 Registering and dealing with complaints

Management and staff shall establish and maintain a complaints register in which all complaints shall be recorded. Management shall check the register daily and deal with any complaints within 24 hours. Emergency contact details comprising the name and telephone number of a responsible manager shall be displayed within the front window of the premises (in a legible and interpretable manner). The emergency contact details shall provide any potential complainants with a direct point of contact 24 hours a day, 7 days a week, 365 days a year. Management shall ensure that complaints are resolved in a timely manner.

Annexures 1. Plan of Management

2. Compliance Officer - Referral Response


Annexure 1 Plan of Management Page 15


Annexure 2 Compliance Officer - Referral Response Page 23

15 July 2015

REFERRAL RESPONSE FILE NO: DA 520/2013/2 ADDRESS: 92 Hargrave Street PADDINGTON 2021 PROPOSAL: Modification of Condition I.1 relating to hours of operation to

accommodate trading on Sunday: Proposed hours Monday to Saturday 12 noon to 12 midnight & Sunday 11am to 5pm

FROM: M Easton, Compliance Officer TO: Mr A Gilderdale The proposal seeks to modify the approved hours of operation to include Sunday trading from 11am to 5pm, to cater for lunch time trade only. The premises have been operating as a licensed restaurant since 1968. The previous restaurant operated for 38 years without any issues or complaints. The current restaurant has been operating for more than a year from Monday to Saturday without any noise disturbance complaints, demonstrating that it can co-exist favourably in a predominantly residential neighbourhood. It is unlikely that the Sunday trading hours would give rise to any adverse impact on the neighbourhood in terms of noise and anti-social behaviour. M Easton Compliance Officer


Page 25

Political Donations – matters to be considered by Councillors at Meetings

Action Declare a significant non-pecuniary conflict of

interest, absent yourself from the meeting and take no further part in the debate or vote on the matter

(Code of Conduct Cl 4.16(b))

Action

Consider appropriate action required. This could include limiting involvement by:

1. participating in discussion but not in decision making (vote), 2. participating in decision making (vote) but not in the discussion

3. not participating in the discussion or decision making (vote)

4. removing the source of the conflict

Do you believe the political contribution creates a significant non-pecuniary conflict of interest

for you?

(Code of Conduct Cl 4.23)

Action Declare a significant non-

pecuniary conflict of interest, absent yourself from the meeting

and take no further part in the debate or vote on the matter

(Code of Conduct Cl 4.16(b))

Staff to record decision process (motions/amendments) and Division of votes for the determinative resolution or recommendation in the

meeting minutes.

Matter before Committee or

Council Meeting

Did the applicant, owner (if not the applicant) or someone close

to the applicant make a donation in excess of $1,000 that directly benefited your

election campaign? (Code of Conduct Cl 4.21)

Is the matter before the meeting a Planning Matter?

Action

Participate in debate and vote on the matter

Did the applicant or someone close to the applicant make a donation less than $1,000 that directly benefited your election

campaign?

(Code of Conduct Cl 4.2)

Staff to record decision process (motions/amendments) and Division of votes for the determinative resolution or recommendation in the

meeting minutes.

No

No No

No

Yes

Yes Yes

Yes

Yes

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