2005 North Carolina Code - General Statutes Article 30 - [Western] North Carolina Arboretum.

Article 30.

[Western] North Carolina Arboretum.

§ 116‑240.  Establishment of Arboretum.

The North Carolina Arboretum is established on land being provided by the United States Forest Service from property presently designated as the Bent Creek Experimental Forest.

The United States Forest Service has committed itself to continuing its work of the land provided to the Arboretum as many of its studies will be compatible with the work of the Arboretum. (1985 (Reg. Sess., 1986), c. 1014, s. 98; 1989, c. 139, s. 1.)

 

§ 116‑241.  Purpose and scope of Arboretum.

The Arboretum shall be prepared for viewing and maintaining the necessary plantings that will be added to the present vegetation of the site in order to make the Arboretum fully representative of Western North Carolina. Extensive clearing of underbrush and other debris needed to prepare the area for demonstrations, installation of fencing for security purposes, land modifications and improvement, and plant acquisitions shall be carried out to make the Arboretum both representative and accessible to the public. Roads and pathways shall be constructed as necessary throughout the Arboretum to enable visitors to ride and walk through the area in order to observe and study the various kinds of vegetation. An extensive program of identification of trees, shrubs, and other living material shall be ongoing at the Arboretum. Necessary visitor and educational buildings, greenhouses, and a small lecture hall, with restrooms and other associated requirements, shall be constructed on the property. Machine sheds and service buildings shall also be constructed on the property to house equipment and to provide working space for the personnel employed in developing and operating the Arboretum. (1985 (Reg. Sess., 1986), c. 1014, s. 98.)

 

§ 116‑242.  Administration of Arboretum; acceptance of gifts and grants.

The Arboretum shall be administered by The University of North Carolina through the Board of Directors established in G.S. 116‑243. State funds for the administration of the Arboretum shall be appropriated to The University of North Carolina for the University of North Carolina at Asheville. The University of North Carolina may receive gifts and grants to be used for development or operation of the Arboretum. (1985 (Reg. Sess., 1986), c. 1014, s. 98.)

 

§ 116‑243.  Board of directors established; appointments.

A board of directors to govern the operation of the Arboretum is established, to be appointed as follows:

(1)       Two by the Governor, initially, one for a two‑year term, and one for a four‑year term. Successors shall be appointed for four‑year terms.

(2)       Two by the General Assembly, in accordance with G.S. 120‑121, upon the recommendation of the President Pro Tempore of the Senate, initially, one for a two‑year term, and one for a four‑year term. Successors shall be appointed for four‑year terms.

(3)       Two by the General Assembly, in accordance with G.S. 120‑121, upon the recommendation of the Speaker of the House of Representatives, initially, one for a two‑year term, and one for a four‑year term. Successors shall be appointed for four‑year terms.

(4)       The President of The University of North Carolina or the President's designee to serve ex officio.

(5)       The chancellors, chief executive officers, or their designees of the following institutions of higher education: North Carolina State University, Western Carolina University, The University of North Carolina at Asheville, Mars Hill College, and Warren Wilson College, to serve ex officio.

(6)       The President of Western North Carolina Arboretum, Inc., to serve ex officio.

(7)       Six by the Board of Governors of The University of North Carolina, initially, three for one‑year terms, and three for three‑year terms. Successors shall be appointed for four‑year terms. One shall be an active grower of nursery stock, and one other shall represent the State's garden clubs.

(8)       The executive director of the Arboretum and the Executive Vice President of Western North Carolina Development Association shall serve ex officio as nonvoting members of the board of directors.

All appointed members may serve two full four‑year terms following the initial appointment and then may not be reappointed until they have been absent for at least one year. Members serve until their successors have been appointed. Appointees to fill vacancies serve for the remainder of the unexpired term. Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120‑122. Initial terms begin July 1, 1986.

The chairman of the board of directors shall be elected biennially by majority vote of the directors.

The executive director of the Arboretum shall report to the board of directors. (1985 (Reg. Sess., 1986), c. 1014, s. 98; 1995, c. 490, s. 63; 2003‑102, s. 1; 2004‑203, s. 48.)

 

§ 116‑244.  Duties of board of directors.

The board of directors of the Arboretum has the following duties and responsibilities:

(1)       Development of the policies and procedures concerning the use of the land and facilities being developed as part of the Western North Carolina Arboretum, Inc.;

(2)       Approval of plans for any buildings to be constructed on the  facility;

(3)       Maintenance and upkeep of buildings and all properties;

(4)       Approval of permanent appointments to the staff of the Arboretum;

(5)       Recommendations to the General Administration of candidates for executive director of the Arboretum;

(6)       Recommendations to the General Administration for necessary termination of the executive director or other personnel of the Arboretum;

(7)       Ensurance of appropriate liaison between the Arboretum and the U. S. Forest Service, the Western North Carolina Arboretum, Inc., and other agencies and organizations of interest to and involved in the work at the Arboretum;

(8)       Development of various policies and directives, including the duties of the executive director, to be prepared jointly by the members of the board of directors and the executive director;

(9)       Approval of annual expenditures and budget requests to be submitted to the Board of Governors.

The board of directors shall meet at least twice a year, and more frequently on the call of the chairman or at the request of at least 10 members of the board. Meetings shall be held at the Arboretum, the University of North Carolina at Asheville, or Western Carolina University. (1985 (Reg. Sess., 1986), c. 1014, s. 98.)

 

§§ 116‑245 through 116‑249.  Reserved for future codification purposes.