Agenda Item Q: The Planning Commission meeting minutes draft of Dec. 16, 2021 show there was no discussion or public comment offered on what the Spring Creek Association governing documents state where the potential to rezone parcel 043-034-001 for land use are concerned. Specifically the Articles of Incorporation, Article IV, paragraph 9 state the following: "To dedicate, sell, lease or transfer all or any part of the Association property to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the membership. No such dedication, sale or transfer shall be effective unless an instrument approving such dedication, sale, lease or transfer has been approved by a majority of those voting in person or by proxy at a regular meeting or duly-called special meeting of the membership, agreeing to such dedication, sale or transfer." The Commission should be aware no such instrument of approval exists from a majority of Spring Creek property owners approving the land as a public cemetery. No vote by the membership in person or by proxy has been held effective this date. Approving a request to rezone from Open Space to Public use for a cemetery is inappropriate at this time. Proof of SCA governing document compliance should be provided for the Commissioners consideration. The Articles of Incorporation of Spring Creek Association were executed March 31, 1983 in Elko County and filed with the Secretary of State on April 8, 1983.