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2023-12 RESOLUTION BY THE HCBOC TO REVISE THE HARNETT COUNTY JETPORT COMMITTEE AND AMEND THE BYLAWSRESOLUTION NO. 2023-12 Harnett COUNTY NORTH CAROLINA RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS TO REVISE THE HARNETT COUNTY JETPORT COMMITTEE AND AMEND THE JETPORT COMMITTEE BYLAWS WHEREAS, the Harnett County Board of Commissioners is authorized by §153A-77 of the North Carolina General Statutes to appoint advisory boards, committees, councils, and agencies; and WHEREAS, on December 6, 1993, the Harnett County Board of Commissioners established and approved the bylaws for the Harnett County Jetport Committee(hereinafter referred to as the Jetport Committee"); and WHEREAS, on January 17, 2023, the members of the Jetport Committee voted to change the name of the Jetport Committee to the Harnett County Jetport Board with the approval of the Harnett County Board of Commissioners; and WHEREAS, the Harnett County Board of Commissioners desires to revise the name of the Jetport Committee to the Harnett County Jetport Board; and WHEREAS, on July 5, 2022, the Harnett County Economic Development Council was dissolved by the Harnett County Board of Commissioners and was thereafter supplanted by the Harnett County Economic Development Partnership; and WHEREAS, Section 1 of the Jetport Committee Bylaws states that membership of the Jetport Committee shall include One Harnett County Economic Development Council Member; and WHEREAS, the Harnett County Board of Commissioners desires to amend the bylaws to replace the Harnett County Economic Development Council Member with One Harnett County Economic Development Partnership Director. NOW THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners does hereby revise the name of the Harnett County Jetport Committee to the Harnett County Jetport Board and to amend the bylaws to reflect such revision. The Harnett County Board of Commissioners does hereby further amend Section 1 of the bylaws to change the membership from "One Harnett County Economic Development Council Member" to "One Harnett County Economic Development Partnership Director." I 1 Duly adopted this the 6th day of March, 2023. HARNETT COUNTY BOARD OF COMMISSIONERS Matthew B. Nicol, Chairman of the Board of Commissioners ATTEST: s:a Melissa Capps, Clerk to he Board SEAL) Cp\;,;Vi 5sgYlorwavli7, p. y • PO 2 Approved by the Harnett Coonty,ooa . Commissioners Date La 40 Board Meeting CQ,,,, `iv`T Agenda Item MEETING DATE: March 6,2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Resolution to Revise Harnett County Jetport Committee and Amend the Bylaws REQUESTED BY: Christopher Appel-Senior Staff Attorney REQUEST: Legal Department seeks to request the adoption of a Resolution to Revise the Harnett County Jetport Committee and Amend the Jetport Committee Bylaws.The Resolution would allow for the name change of the Harnet County Jetport Committee to become the Harnett County Jetport Board and amend the bylaws to reflect the name change. The resolution would further amend Section 1 of the bylaws to change the membership from "One Harnett County Economic Development Council Member” to "One Harnett County Economic Development Partnership Director." FINANCE OFFICER'S RECOMMENDATION: I COUNTY MANAGER'S RECOMMENDATION: S:\Clerk to the Board docs\AGENDAS\2023\030623\4J.0 Jetport Board Resolution agenda memo.docx Page I of 2 AMENDED BYLAWS OF HARNETT COUNTY JETPORT BOARD ARTICLE I NAME This organization shall be known as the Harnett County Jetport Board. It is hereinafter referred to as the"Board". ARTICLE II PURPOSE The duties and responsibilities of the Board shall be to advise the Harnett County Board of Commissioners(hereinafter referred to as the "Commissioners")on matters involving the Harnett County Jetport. ARTICLE III SCOPE The scope of the Board's duties and responsibilities will include matters involving Harnett County's Jetport Operations by request of the Commissioners,and by Board members. ARTICLE IV MEMBERSHIP Section 1. Members Membership on the Board shall be limited to nine members appointed by the Commissioners as follows: 1. A member representing each of the County's five voting districts. 2. Two At-Large Members who live or work in Harnett County. 3. One Harnett County Economic Development Partnership Director 4. One Campbell University representative. The Board shall consist of at least two active or retired pilots or individuals with aeronautical experience and two business owners or executives.The Board shall also contain one ex-officio non- voting member from the Harnett County Economic Development Department,one ex-officio,non- voting member from Fort Bragg,unless Fort Bragg declines membership on the Board,and two ex- officio non-voting members from the Harnett County Board of Commissioners. All remaining, voting members shall be experienced businessmen or businesswomen,travel agents,or individuals with knowledge and experience in the field of aviation. If the Commissioners are unable to find a 1 I qualified candidate to fill a voting district vacancy or if Campbell University declines membership on the Board,the Board of Commissioners may appoint an additional at-large member. Section 2. Terms Board members shall serve three-year terms,or for the remainder of the unexpired term of a member who has resigned,or otherwise vacated their membership position. Each term shall begin January 1, following appointment by the Commissioners. Board members shall not be permitted to serve more than two consecutive full terms without an intervening period of one year between appointments. Section 3. Removal of Members Board members serve at the pleasure of the Commissioners and may be removed,with or without cause, at any time,by a majority vote of the Commissioners. Section 4. Vacancies in Membership Any vacancy occurring in the membership of the Board shall be filled by the Commissioners. Members may be reappointed.Any member who is absent from two consecutive scheduled meetings is subject to removal from membership at the sole discretion of the Commissioners. Section 5. Voting Members All of the members designated in Section 1, above, shall be voting members of the Board with the exception of County employees/officials. Section 6. Quorum A majority of all active members present shall constitute a quorum of the Board and an affirmative vote of the majority of the members present at a meeting of the Board shall be required to constitute official action of the Board. ARTICLE V OFFICERS Section 1. The officers shall include: a Chairperson,designated by the Commissioners;Vice- Chairperson; and such other officers as the Board membership deem proper.The Chairperson shall serve an initial two-year term and may be reappointed by the Commissioners for one additional one- year term only.The Vice-Chairperson and all other officers shall be elected by a majority of the Board for a period of one year and may be reelected for two additional one-year terms only. Vacancies may be filled or new officers created and filled at any meeting by the Board membership. Each officer shall hold office until his successor shall have been duly qualified and elected. I 2 Section 2. The duties of officers shall be such as usually apply to such officers,except as herein specifically provided,and in addition thereto,such further duties as may be designated from time to time by the Board membership and the Commissioners. Section 3. The Chairperson shall perform other duties as necessary and incidental to the proper administration of the offices of the Board, except such duties as are specifically delegated to other officers. He or she shall be charged with the responsibility of appointing the chairpersons of all special and standing committees. Section 4. In the absence of the Chairperson,the Vice-Chairperson shall perform the duties of the Chairperson and,when so acting,shall have all the powers of and be subject to all the restrictions upon the Chairperson. The Vice-Chairperson shall perform such other duties as from time to time may be assigned him or her by the Chairperson. Section 5. Any officer appointed by the Board serves at the pleasure of the Commissioners and may be removed with or without cause by a majority vote of the Commissioners. Should a vacancy occur in any office as a result of death, resignation,removal, disqualification,or anyothercause, the Board membership may delegate the powers and duties ofsuch office to any officer or to any member until such time as a successor forsaid office is elected and appointed. ARTICLE VI MEETINGS Section 1. Regular Meetings The Board shall meet at least quarterly at the Harnett County Jetport or at such other place as shall be designated in the notice of meeting. Designated Harnett County staff shall be present to assist the Board. Section 2. Special Meetings The Chairperson or Commissioners may call such special meetings as may be deemed necessary to carry out the duties of the Board. Section 3. Hearings The Board shall hold such hearings as it may deem necessary and desirable at such times and places as may be determined by a majority vote of the Board at a regular meeting. 3 Section 4. Agenda Any member may request the Chairperson to place an item on the agenda. If the Chairperson should decline to place a requested item on the agenda, a member may have such item placed on the agenda by submitting it in writing to the Chairperson with supporting signatures of three members. Section 5. Rules of Order The deliberations of all meetings of the Board and its various sub-committees shall be governed by Robert's Rules of Order,Newly Revised. Section 6. Notice of Meetings All meetings and hearings conducted by the Board shall be properly noticed pursuant to the Open Meetings laws of the State of North Carolina.Notice of the time,place, and agenda items to be considered at each meeting shall be given in writing to all members at least one week prior to each meeting. Any matters not appearing on the agenda may be considered upon a favorable vote of a majority of the members present to do so. Notice of special meetings and intended agenda items shall be given to all Board members in writing or by phone at least three days in advance of any special meeting. Section 7. Cancellation of Meetings All meetings,both regular and special, may be cancelled by giving reasonable notice to each member of the Board and by posting a Notice of Cancellation at the place of meeting. Section 8. Reporting The Board shall make a report of attendance and key issues discussed to the Commissioners within two weeks after each quarterly meeting.The report shall be drafted by a designated Board member or County staff,approved and signed by the Chairperson, and submitted to the Clerk to the Commissioners. ARTICLE VII VOTING Section 1. One Vote Each Each Board member, including the Chairperson, shall be entitled to one vote. 111 Section 2. Proxy Votes No member shall vote by proxy. 4 Section 3. Abstentions Members may register their abstention on any vote which shall be reflected in the minutes, and members are encouraged to abstain on matters which would pose for them any conflict ofinterest. Section 4. Determination of Actions All final actions,positions,or policy recommendations shall require the favorable vote of a majority of those members present at a duly called meeting. ARTICLE VIII AMENDMENTS These bylaws may be altered, amended, or rescinded at any meeting by the vote of two- thirds of all the voting members of the Board,provided that at least two weeks written notice, including the proposed changes,is given of the intention to alter, amend, or rescind the bylaws at any such meeting. The bylaws may also be altered, amended, or rescinded by a majority vote of the Commissioners,provided that at least two weeks written notice,including the proposed changes, is given to the Board of the intention to alter, amend,or rescind the bylaws. All altered, amended, or rescinded bylaws are subject to final approval by the Commissioners. 5 ARTICLE IX RATIFICATION PROVISIONS These bylaws were amended and readopted by a majority of the members of the Board this day of 2023, meeting in Harnett County,North Carolina, and will become effective on the date approved by the Harnett County Board of Commissioners. Chairman,Harnett County Airport Board The amended bylaws of the Harnett County Jetport Board are hereby approved by the Harnett County Board of Commissioners this 6th day of March 2023. Matthew B.Nicol,Chairman I 111 I I I I 6