No NCAT-UNCG- JMC State_property-office-062622

State Property Office Background

HBCU institution North Carolina A&T, one of the state's two land grant institutions, has programs throughthe doctoral level. Its programs include engineering, arts and sciences, agricultural and environmental sciences, business and economics, education, nursing, technology, and graduates studies. “ The expected roles of a land-

grant institution, is teaching agriculture and engineering, and providing cooperative extension services”. NC A&T's 2001 amend University Master Plan called for developing 75 acres of land along East Lee Street targeted to develop new opportunities for both research and education in both the private and academic arenas between the University's technology and agricultural research and its students, which didn't include across-town historical white UNC Greensboro and its members of the Greensboro business community.

NCGS § 116-198.34. (8b) says in part “The designation should be based on the express finding that the institution has the administrative and fiscal capacity to create and maintain such a campus, and provided further, that the Board of Governors has found that the creation of the constituent institution's "Millennial Campus" will enhance the institution's research, teaching, and service missions as well as enhance the economic development of the region.” A&T is known for its engineering and agricultural programs and UNCG’s background is nursing and the humanities “ [13] . NCA&T and cross-town UNC- G have different research, teaching, and service missions.

In 2003-04, with the backbone of North Carolina's industrial economy Tobacco, Textiles, and

Furniture outsourced, in decline/recession or outsourced with appropriations for UNC-System taking an ever increasing multi-billion dollar bite out of state's coffers, North Carolina's Legislature thru House Bill 1264 (HB 1264) direct UNC-BOG and COMMUNITY COLLEGE SYSTEM to contract a private consulting firm that had experience in higher education to conduct a comprehensive study (Staying a step ahead) of the mission and educational program needs to ensure that the State's citizens are academically prepared and equipped for current job opportunities and jobs of the future in North Carolina's growing knowledge economy.

Emerging from a legislative mandated study HB 1264 ,Staying a Step Ahead, to ensure the State's citizens are academically prepared and equipped for current job opportunities and jobs of the future in North Carolina's growing knowledge economy, explicitly referred to research clusters created by HBCU NCA&T.

A Millennial Campus is Real Property designated by UNC Board of Governors pursuant NCGS116-198.34 (8b) ....of a constituent institution, to designate real property held by, or to be acquired by, a constituent institution as a Millennial Campus" of the institution...Upon formal request by the constituent institutions, the Board of Governors may authorize two or more constituent institutions which meets the requirements of this section to create a joint Millennial Campus. § 116-198.34. General Powers of Board of Governors. (UNC Policy Manual 600.1.3 ). Any proposal involving the acquisition or disposition by the institution of any interest in real property shall be recommended by the Board of Trustees. Emphasis added

The term "Millennial Campus" means all real property and appurtenant facilities designated by the Board of Governors as part of a Millennial Campus of a constituent institution of The University of North Carolina .... GS 116-198.34(4b). (2000)

Notwithstanding NCA&T's 2001 Master Plan update calling for establishing a university Millennial

Campus at the farm, credited in the media as the work of UNC-G district NC Senator Kay Hagan, June 30, 2003, the General Assembly, Session Law 2003-294, Section 6.20, reallocated former Central School of the Deaf from the State property Office to UNC BOG to be used for the establishment of Millennium campuses of the University of North Carolina at Greensboro and North Carolina Agricultural and Technical State University

UNC Board of Governors Committee for Budget and Finance July 2003 recommend Law 2003-2984,Section 6.20 Transfer of Land for the Millennium Campuses of UNC Greensboro and NC A&T State University.

Published as "the most plugged-in attorney in North Carolina", northcarolina.edu minutes alleged City of Greensboro Lobbyist, Greensboro Attorney Jim W. Phillips, Jr., Committee Budget and Finance Chair speaking before Board of Governors stated that the Boards of Trustees at North Carolina A&T State University and


Video	Link	Lease

the University of North Carolina at Greensboro requested that the land formerly designated for the Central School for the Deaf and allocated to the Board of Governors by the 2003 Session of the General Assembly and a 75 - acre parcel of land currently

comprising a portion of the North Carolina A&T State University Farm be designated as a Joint Millennial Campus, alleged approved Oct. 10, 2003, at Appalachian State.

"This tract of land is part of the Seventy Five acres we carved out for Gateway University Research Park." said Chancellor Martin before the Special Committee of the Board of Trustees to evaluate the Florida Street Extension April 5, 2013. NC We gave up 75 acres of the Farm. Link

NCGS § 116-198.34....Upon formal request by the constituent institutions, the Board of Governors may authorize two or more constituent institutions which meets the requirements of this section to create a joint Millennial Campus.

Public Record Reply from UNC-Greensboro for statutory required request to establish a Joint Millennial Campus produced alleged Chancellors signed

Document dated Aug. 22^nd, 2003. Alleged Chancellors signed document stated: "we are pleased to inform you that this proposal has been approved by both of our Boards of Trustees and is supported by local community leaders and organizations including Action Greensboro. Copies of the Resolutions passed by the N.C. A&T State University Board of Trustees on August 22, 2003 and by The University of North Carolina at Greensboro Board of Trustees on August 22, 2003 are enclosed. Emphasis added

Recommended by Chancellors Renick and Sullivan, NC A&T and UNC-G Board of Trustees duplicate Resolutions: In Support of The Creation of a Joint Millennial Campus between NC A&T and UNCG, dated Aug. 22, 2003, and Aug. 28, 2003, called for seeking designation of Joint Millennial Campus in terms of the Central North Carolina School of the Deaf real estate, transferred to UNC Board of Governors for the purpose of establishing a Joint Millennial Campus. Universities' resolutions seek designation of Joint Millennial without a syllable pertaining to a 75-acre parcel of NCA&T farmland, statutory foreclosed Greensboro attorney Jim W. Phillips, Jr. alleged NCA&T/UNCG Joint Millennial Campus inclusive of NC A&T Farmland.

Proposed Lease was smoking Gun No statuary NCGS: 116-198.34.(8b) NC A&T/ UNCG Joint Millennial Campus was designated Oct. 10, 2003 by UNC Board of Governors for Session Law 2003-284, Section 6.20, land and facilities, and 75-acre parcel of NCA&T Farmland.

Feb. 2, 2006, Action Item: Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T, was considered by UNCG Board of Trustees. Action item background information timeline from Feb. 2003 through Feb2, 2006 didn't indicated JMC was designed by UNC BOG.

Action Item background information says " in order to facilitate the GCID ability to perform its role as managed/developer it was determined by counsel for the universities and the GCID to pursue a master lease for the properties identified as the JMC by university counsels, GCID, and General Administration, emphasis added.

Action item background information:

Timeline from Feb. 2003 through Feb2, 2006 does not indicated JMC was designed by UNC BOG,

In order to facilitate GCID ability to perform its role as manager/developer it was determined by counsel for the universities and the GCID to pursue a master lease for the properties identified as the JMC,

Properties Identified as the JMC consist of owned by the State of North Carolina ( Approximately 75 acres at the former Central North Carolina School for the Deaf and 75 acres adjacent to the NC A&T farm, and

This document has also been reviewed by the Office of the President [ Erskine Bowles Office]

The Identified JMC property consisted of land owned by the State of North Carolina (Approximately 75 acres with 142,000 square feet of existing space at the former Central North Carolina School for the Deaf and approximately 75 acres adjacent to the NCA&T farm).... which unambiguous constitute the UNC Board of Governors alleged Oct. 10, 2003 designated NCA&T/UNC-G Millennial Campus, emphasis added. Lease Background said " This document has also been reviewed by the Office of the President (Bowles)."

John R. Merrill, Executive Director Greensboro Center for Innovative Development, e-mail to Tommy Cline, dated Feb. 10, 2006 Subject UNCG/NC A&T Joint Millennial Campus said: A couple of months ago, I mentioned we were working on a ground lease for the UNCG/NCA&T Joint Millennial Campus here in Greensboro (the former Central North Carolina
School for the Deaf and a similar size parcel adjacent to the NC A&T farm property). We have completed the "draft" and it has been accepted by Greensboro Center for Innovative Development (GCID) Board of Directors( January 31, 2006) and the UNCG Board of Trustees (February 2, 2006). We present it to the NCA&T Board of Trustees on February 15, 2006 and we are confident it will be approved. Upon approval, it will go to the UNC Board of Governors for their approval and then it will formally come to the State Property Office for review. " "I wanted to get a copy to you in advance for your convenience...attached is that copy." "Please note the document was crafted with counsel for both universities (Skip Capone and Camile Kluttz-Leach), the GCID (Lee Lloyd and Bo Rodenbough), and the UNC System (Leslie Winner and Rob Nelson..." (emphasis added) [SPO -PRR] John R. Merrill Feb 10, 2006 email to Tommy Cline Subject Ground Lease - UNCG/NC A&T Joint Millennial Campus.

Draft Lease Ground lease Agreement between The State of North Carolina (Lessor) and Greensboro Center for Innovative Development (Lessee) for Joint Millennial Campus Greensboro, North Carolina. Land 1.1.3 The two separate tracts or parcels of real estate, denominated the North Campus and South Campus and collectively comprising the" Joint Millennial Campus" homonymic terminology consistent Chancellor Sullivan and Renick Sept. 24, 2006 proposed Joint Millennial Campus and Board of Governors alleged Oct. 10, 2003 designated JMC obfuscated lease real estate wasn't statutory (NC. GS. § 116-198.34.(8b) designated JMC.

Leasing agent with the State Property Office Pan Strickland contacted GCID Executive Director John Merrill in regards to lease forwarded to (Attorney General Office) Tommy Cline via email March 01, 2006.


Notwithstanding Erskine Bowles UNC System Acquisition of Real Property by lease P0-1 dated March 13, 2006 for the purpose of establishing a Joint Millennial Campus for North Carolina A&T

State University and The University of North Carolina Greensboro. Proposed Lease unequivocal extinguished UNC Board of Governors alleged Joint Millennial Campus - North Carolina A&T State University and the University of North Carolina Greensboro - false claim Oct. 10, 2003 designation of the Central School of the Deaf reallocated to the Board of Governors and 75-acre parcel on NCA&T farmland as Joint Millennial Campus. video

Email from John R. Merrill to Terrance Feravich (UNC-GA) Subject Ground Lease stated: "Following up on the ground lease issue for the GCID. I have downloaded the PO1 from the state property office and I need to connect with the attorney's for the universities to complete the document (at least to the best of our ability). I realize we're under the gun to get this on the April agenda but what's my deadline.?

Email from John R. Merrill to Terrance Feravich (UNC-GA) Subject Ground Lease may indicate source of PO1 was the Greensboro Center for Innovative Development ( non-state agency) rather than UNC System.

UNCG, NCA&T, UNC-GA did not have property rights to identified JMC The General Assembly, Session Law 2003-284, Section 6.20, reallocated former Central School of the Deaf from the State property Office to UNC BOG to be used for the

establishment of Millennium campuses of the University of North Carolina at Greensboro and North Carolina Agricultural and Technical State University. Reallocated Property was to UNC BOG not UNCG, UNC-GA, or NCA&T which could only be used for Board of Governors designation Millennium campuses of the University of North Carolina at Greensboro and North Carolina Agricultural and Technical State University. Neither UNC Greensboro nor UNC System Office had property rights to a seventy five acre parcel of NC A&T Farm.

Property Lease of Identified JMC portrayed as lease of NCGS: 116-198.34. (8b) designated Joint Millennial Campus

UNC BOG Committee on Budget and Finance document Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro was considered by Budget and Finance committee May 11, 2006.

May 11, 2006 Meeting Minutes of the Board of Governors Committee on Budget and Finance allege Mr. Merrill presented information in support of the agenda item Lease of Joint Millennial Campus - North Carolina A&T State University and The University of North Carolina at Greensboro. Agenda Item says:

In October 2003, the Boards of Trustees of North Carolina A&T State University and The University of North Carolina at Greensboro requested, and the Board of Governors approved, the designation of the land (formerly the Central School for the Deaf) reallocated to
the Board of Governors by the 2003 Session of the General Assembly and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm as a Joint Millennial Campus.

Now, the Boards of Trustees of NCA&T and UNCG are requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development,... that would administer the educational, research, and economic development mission off the Joint Millennial Campus

Allegedly Board member Peter Hans was on Board of Governors Budget and Finance Committee when Lease of Joint Millennial Campus was approve by committee and by the full Board of Governors chaired by Jim Phillips on the Consent Agenda. Lease stated Now, the Boards of Trustees of NCA&T and UNCG were requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development, a jointly-controlled and jointly-funded 501(c)(3) entity that would administer the educational, research, and economic development mission of the Joint Millennial Campus..

Notwithstanding Erskine Bowles General Administration submission of Acquisition of Real Property PO-1, dated March 16, 2006, to Department of Administration, State Property Office for the purpose to establish Joint Millennial Campus for NCA&T and UNCG; claiming this action has been approved by NCA&T and UNCG Board of Trustees.



The Bowles Administration May 2006, recommended approval of UNC BOG document Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro, containing known false claim:
The Board of Governors approved, the designation of the land (formerly the Central School for the Deaf) reallocated to the Board of Governors by the 2003 Session of the General Assembly and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm as a Joint Millennial Campus, Now, the Boards of Trustees of NCA&T and UNCG are requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development, a jointly-controlled and jointly-funded 501(c) (3) entity that will administer the educational, research, and economic development mission of the Joint Millennial.

The Board of Governors May 12, 2006 pass Lease of Joint Millennial Campus, NCA&T and UNCG on the consent agenda.

UNC BOG document Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro was approved by the Hanna Cage Committee on Budget and Finance; forward to full UNC BOG where it was approved on the consent agenda, and forwarded to be processed by the State Property Office.

NCGS § 146-28. Agency must file application with Department; Department must investigate. See State Property Office link

NCGS § 146-28. Agency must file application with Department; Department must investigate.

Any State agency desiring to sell, lease, or rent any land owned by the State or by any State agency shall file with the Department of Administration an application setting forth the facts relating to the proposed transaction, and shall furnish the Department with such additional information as the Department may request relating thereto. Upon receipt of such application, the Department of Administration shall promptly investigate all aspects of the proposed transaction, including particularly present and future State need for the land proposed to be conveyed, leased, or rented.

UNC Constituent Universities and General Administration may acquire or dispose of property by lease. (UNC Policy Manual 600.1.3 ). Any proposal involving the acquisition or disposition by the institution of any interest in real property shall be recommended by the Board of Trustees.

All real property transactions that require approval beyond the campus level are to be initiated by submission of the Form PO-1 for acquisitions and the Form PO-2 for dispositions to the State Property Office.

Mr. Terrance C. Feravich, P.E., UNC University Property Officer document addressed to Joseph H.

Henderson, Director, State Property Office says Please find attached property actions approved by the Board of Governors at their May 12, 2006 meeting. Other back-up materials including PO-1s and/or PO-2's are also attached where appropriate. Please seek approval of these actions by the Governor and Council of State and the Joint Legislative Commission on Governmental Operations if required. Feravich document enclosure include Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro ( May 2006) . (Upon the approval of the Board, the University's

Associate Vice President for Finance and Property Officer forwards such proposals to the Council of State for final action.) Mr. Terrance C. Feravich, P.E., University Property Officer May 15, 2006 letter to Department of Administration didn't included a Form PO-2 pertain to DISPOSITION OF REAL PROPERTY by Lease for Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro.

UNC System/ State Property Office "Potomac Two Step"

Received from the State Property Office was unsigned Acquisition of Real Property by lease dated March 13, 2006, which said Action recommending the above was

taken by the Governing Board of NCA&T and UNCG and is recorded in the minutes thereof on date. (blank).

UNC System March 13, 2006 Acquisition of Real property by lease indicate this property is purpose to establish a Joint Millennial Campus for North Carolina A&T State University (NCA&T) and the University of North Carolina at Greensboro (UNCG). Description of Property. Two parcels: Approximately 75-acres of property located adjacent to the NCA&T Farm and Located on Lee Street. Approximately 75 acres of property and facilities formerly know as the Central North Carolina School for the Deaf.

The North Campus contains nine major Buildings, including a main administrative

building (16, 22 GSF), two academic/instructional buildings (each 17,031 GSF) two residential structures (each 32, 223 GSF), a gymnasium (15, 270 GSF) maintenance shop (7,603 GSF), greenhouse (5,00GSF) and a central kitchen (4,293 GSF) Other facilities include picnic shelters and small support buildings used

for storage. The wooded land area totals 75 acres, less than half of which is currently developed. North Campus buildings are generally in

excellent condition. Source Greensboro Center for Innovative Development main news Releases North Campus South Campus. A&T 75- acre farmland was appraised value was $250,000 per acre. Source A&T

(UNC Policy Manual 600.1.3 ). Any proposal involving the acquisition or disposition by the institution of any interest in real property shall be recommended by the Board of Trustees.

Pursuant Public Record Requests no documents were received from the State Property Office ("SPO") indicating the Board of Trustees at NCA&T/UNCG recommended UNC System Acquisition by Lease to established an NCA&T/UNCG Joint Millennial Campus . Two parcels: Approximately 75-acres of property located adjacent to the NCA&T Farm and Located on Lee Street. Approximately 75 acres of property and facilities formerly know as the Central North Carolina School for the Deaf.

The value of the North & South Campus exceed delegated authority UNC-GA therefore requiring Board of Governors approve acquisition by lease

The Board of Governors May 12, 2006 pass Lease of Joint Millennial Campus, NCA&T and UNCG on the consent agenda.

ANNUAL REPORT OF THE COMMITTEE ON BUDGET AND FINANCE TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA July 1, 2005 through June 30, 2006, indicate permission to

execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development.

ANNUAL REPORT OF THE COMMITTEE ON BUDGET AND FINANCE TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA July 1, 2005 through June 30, 2006 and July 2006 though June 30, 2007, and document received pursuant public records requests indicate UNC System President did not acquire the two parcels approximately 75 acres of property located adjacent to the NCA&T farm and located on Lee Street. Approximately 75 acres of land and facilities formerly known as the Central North Carolina School for the Deaf.

ANNUAL REPORT OF THE COMMITTEE ON BUDGET AND FINANCE TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA July 1, 2005 through June 30, 2006 and July 1, 2006 through June 30, 2007 did not indicate UNC System acquired land formerly designated for the Central School for the Deaf allocated to the Board of Governors by the 2003 Session of the General Assembly and a 75- acre parcel of land currently comprising a portion of the North Carolina A&T State University Farm, by UNC System delegated authority.

UNC-GA did not hold or acquire the Central School for the Deaf allocated to the Board of Governors by the 2003 Session of the General Assembly and a 75- acre parcel of land currently comprising a portion of the North Carolina A&T State University Farm to designate as UNC System Office millennial campus or lease to Gateway Research Park, Inc.

Expansion of Millennial Campus - The University of North Carolina System Office May 25, 2022

Issue overview indicate G.S. 116-198.34 (8b) grants the Board of Governors authority to designate real property as a millennial campus when recommended by the president... . The University System Office ( UNC System Office) if requesting an expansion of its millennial campus to include the Spangler Complex ... .

The UNC System Office previous designated 150 acres as a millennial campus consisting of Gateway Research Park-North Campus in Brown Summit, NC and Gateway Research Park-South Campus in Greensboro, NC. The millennial campus is leased to Gateway Research Park.

Pursuant Public Record laws, request for documents establishing UNC system

Office Millennial Campus designation for Gateway-Research Park-North Campus in Brown Summit, NC and Gateway Research Park-South Campus in Greensboro, NC. and lease was made (Request 22-23). No document was received pursuant PRR-22-23 indicating date UNC System Office acquired Gateway Research Park-North Campus in Brown Summit, NC (former school of the Deaf property) and Gateway Research Park-South Campus in Greensboro, NC (75-acrea parcel of NC A&T farmland) or source of authority establishment of alleged UNC System Office millennial campus.

"I am aware this is a joint project of North Carolina Agricultural & Technical State University and the University of North Carolina at Greensboro.."[26]

Negotiation began in 2002 and September 2004 NC A&T State University celebrated

the sighing of Memorandum of Understanding with the U.S. Department of Agriculture (USDA) with the opening of the National Resources Conservation Services Eastern Regional Technology Center whose service area consisted of 24 states and the Caribbean area. The Greensboro Center was also home to the remote

sensing lab. The Memorandum of Understanding says A&T has a working farm with modern facilities and farm equipment. NRCS will benefit from the use of this farm by being able to provide hands-on training to NRCS employees. NRCS can sponsor field studies that can serve as

demonstrations to both NRCS trainees and also local

and regional farmers. A&T constituents will also benefit from this type of applied investigation. Finally, A&T faculty and students can also benefit academically by conducting scholarly research and publishing this information.

GCID John Merrill & NC A&T Renick " It maybe the USDA is our first tenant at the south campus the result of them leasing a long term lease will allow us to build a structure out there" Video Report

March 06, 2006 the General Services Administration "GSA" posted notice U.S. Government Intends to Lease Space on the NC A&T Millennial Campus in Greensboro, North Carolina (Solicitation Number: TNCOO75). Response date March 10, 2006.

Kevin Holland, Contracting Officer GSA July 3, 2006 letter to John Merrill.
Re: U.S. Department of Agriculture, natural Resources Conservation Service (NRCS) Lease Project, Greensboro , NC
This correspondence correspondence to your June 30, 2006 inquiry concerning the status of this project as a firm action that will move forward. As I have advised on numerous occasions and want to reiterate, this particular project is an endeavor which was approved by the U.S. General Services Administration as a

sole-source" procurement based upon the unique requirements provided by the NRCS...As such, we have been working and are committed to diligently pursing satisfaction of NRCS need for space to be located on the campus of North Carolina Agricultural & Technical State University through a negotiated lease procurement. As I am aware this is a joint project of North Carolina Agricultural & Technical State University and the University of North Carolina at Greensboro. Emphasis added

August 14, 2006 Terrance Feravich email to Joe Henderson, John Webb, CC Robert Nelson; John Merrill: I was hoping that we might have an opportunity to sit

and walk through any hurdles that you see in proposed lease between NCA&T/UNCG joint Millennial Campus and GCID. Talking with John of Friday. I've learned that he has gained a significant commitment from the USDA for up to a 50,000 sq. ft. new building. While they understand that we are working hard at getting things properly set-up for all parties and are being patient, my sense is that it would be in the best interest of this new venture to get that first client off to a healthy and timely start. I'll be in Raleigh Wednesday for a couple of meetings ... and would welcome the opportunity to work the issues that you are see in the lease. I know that John Merrill is also pretty flexible this week is well. Sorry to be a bit of a pest with this important issue and I appreciate your understanding.

Original Message from Terrance Feravich to john web
cc Robert nelson: John R. Merrill sent August 14, 2005

Joseph Henderson wrote:
Terry

We can deal with the new building under our existing procedures. Let's not let the proposed lease get in the way of that.

My view of the proposed lease is that the General Assembly limited the millennial campuses to space leases not exceeding ten years. I was present at the committee meetings and have an understanding of the concerns at that time and why the ten year limit was imposed and the Council of State was kept in the process. I can't support an action (this lease) that circumvents the general assembly's intent. There are number of ways to provide for the effective administration of this campus other that the proposed lease. Emphasis added.

Lease of Joint Millennial Campus - North Carolina A&T State University and The University of North Carolina at Greensboro ("Lease of Joint Millennial Campus") was received from the State Property which is a disposition by lease.

In October 2003, the Boards of Trustees of North Carolina A&T State University and The University of North Carolina at Greensboro requested, and the Board of Governors approved, the designation of the land (formerly the Central School for the Deaf) reallocated to the Board of Governors by the 2003 Session of the General Assembly and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm as a Joint Millennial Campus.

Now, the Boards of Trustees of NCA&T and UNCG are requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development, a jointly-controlled and jointly-funded 501(c)(3) entity that will administer the educational, research, and economic development mission of the Joint Millennial Campus. Emphasis added

Lease of Joint Millennial Campus (May 2006) – indicated the lease of the will be accomplished within the guidelines, procedures, and policies of the North Carolina Department of Administration and must be approved by the Council of State.

( Received from the State Property Office ("SPO") The Board of Governors May 12, 2006 passed Lease of Joint Millennial Campus, NCA&T and UNCG on the consent agenda.

Public Record documents indicate UNC Board of Governors/ UNC System Office

did not file Form PO-2 pertain to DISPOSITION OF REAL PROPERTY by Lease for Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro, which by not following the (shall) law may have deprive the State Property Office G.S.146-28 authority to authorize lease agreement Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro.

Lease of Joint Millennial Campus (May 2006) – North Carolina A&T State University and The University of North Carolina at Greensboro: Lease of the lease of the land will be accomplished within the guidelines, procedures, and policies of the North Carolina Department of Administration and must be approved by the Council of State.

John R. Merrill, Executive Director Greensboro Center for Innovative Development, e-mail to Tommy Cline, dated Feb. 10, 2006 Subject UNCG/NC A&T Joint Millennial Campus said: A couple of months ago, I mentioned we were working on a ground lease for the UNCG/NCA&T Joint Millennial Campus here in Greensboro (the former Central North Carolina
School for the Deaf and a similar size parcel adjacent to the NC A&T farm property). We have completed the "draft" and it has been accepted by Greensboro Center for Innovative Development (GCID) Board of Directors( January 31, 2006) and the UNCG Board of Trustees (February 2, 2006). We present it to the NCA&T Board of Trustees on February 15, 2006 and we are confident it will be approved. Upon approval, it will go to the UNC Board of Governors for their approval and then it will formally come to the State Property Office for review. " "I wanted to get a copy to you in advance for your convenience...attached is that copy." "Please note the document was crafted with counsel for both universities (Skip Capone and Camile Kluttz-Leach), the GCID (Lee Lloyd and Bo Rodenbough), and the UNC System (Leslie Winner and Rob Nelson..." (emphasis added) [SPO -PRR] John R. Merrill Feb 10, 2006 email to Tommy Cline Subject Ground Lease - UNCG/NC A&T Joint Millennial Campus.

Draft Lease Ground lease Agreement between The State of North Carolina (Lessor) and Greensboro Center for Innovative Development (Lessee) for Joint

Millennial Campus Greensboro, North Carolina. Land 1.1.3 The two separate tracts or parcels of real estate, denominated the North Campus and South Campus and collectively comprising the" Joint Millennial Campus" homonymic terminology consistent Chancellor Sullivan and Renick Sept. 24, 2006 proposed Joint Millennial Campus and Board of Governors alleged Oct. 10, 2003 designated JMC obfuscated lease real estate wasn't statutory (NC. GS. § 116-198.34.(8b) designated JMC

Prior to Council of State approval of alleged JMC Lease to GCID letter dated Aug. 16, 2006 from Joseph H. Henderson, Director NC Department of Administration to State Budget Officer David McCoy soliciting input pertaining to Lease stated UNC-General Administration is pressing to move forward with the 50-year lease (the agreement with GCID has already been executed)."

From Joseph Henderson to Terrance Feravich, CC: John Webb Thursday, August 17, 2006 Subject: NCA&T-UNCG Joint Millennial Camus (email)

Terry:

I have now read the agreement, lease, background info put out by GCID. GCID articles of incorporation and bylaws, and reviewed the pertinent general statues. It appears to me that A&T and UNCG set out on a course that was from the beginning contrary to the current statues governing millennial campuses.

Clearly, background info on GCID, the articles and bylaws, anticipate GCID taking title to the land and buildings and managing the real property of the campus. Yet, Chapter 116, Article 21B, contemplates the handling of real property pursuant to Chapter 146 except for the limited a case of disposition by lease of space (only) not exceed a term of ten years.

A transfer of the real property to GCID (by leaser or otherwise) would remove the Department of Administration, Joint Legislative Commission on Governmental Operations and Governor and Council of State from any oversight of the real property transactions. While we may have the latitude to do it (the lease), I am certain uncomfortable with the concept which I believe circumvents the Legislative intent.

The formation of and purpose of the GCID raises other questions. As a creation of the two campuses, are its meetings open to the public and are its records subject to the public records law? should they be? What was intent of the two trustee boards and what is the desire of the Board of Governors?

Given the appointment/election process for directors of GCID, how much control, if any, do the boards of trustees of the two institutions and the Board of Governors retain over the actions of GCID? It's hard to say who is in charge but my reading of the bylaws indicates the trustees and Board of Governors may have little say over, little knowledge of GCID' s actions except with GCID' cooperation.

It seems the cart is before the horse. If the real estate on the millennial campus is to be managed as contemplated by the agreement and lease, the General Assembly should be consulted and the legislation changed to allow it without manipulation or circumvent current statues.

In the interim, we will work with...and the campus to efficiently handle all contemplated real estate transactions.

Sandy new lease for Millennial Campus at Greensboro

September 2005 NC A&T Chancellor Renick and UNCG employee, GCID Executive Director John Merrill discuss Jump starting alleged Joint Millennial Campus with a USDA Lease. Public Record Video" It maybe the USDA is our first tenant at the south campus the result of them leasing a long term lease will allow us to build a structure out there" said NC A&T Chancellor Renick.

Prior to Council of State approval of Lease of allege Joint Millennial Campus, Greensboro Center for Innovative Develop John Merrill sign lease to lease space for yet to built facility to USDA on land yet to be leased to GCID, in October 2006.

Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro says: The lease of the land will be accomplished within the guidelines, procedures, and policies of the North Carolina Department of Administration and must be approved by the Council of State. Prior to approval of Lease of alleged Joint Millennial Campus by the council of State. The Greensboro Center for Innovative Development claiming to be the NCA&T/UNCG Joint Millennial Campus signed a 10 year lease for space for the USDA at NC A&T farm prior to approval of the lease by the Council of State in Nov. 2016.

Joseph Henderson email subject: Re; Follow-up, dated Oct. 20, 2006 to John Merrill asked: By the way, what is the schedule for GCID to execute the USDA Lease? Does that sublease also need to be on the November Council of State agenda or can we wait until the December meeting.

John Merrill email dated Oct. 23, 2006 to Joseph Henderson Subject: Re: Follow Up. Regarding the USDA. Assuming we have the Ground Lease issues resolved by mid to late November, the USDA deal is sublease for space only. The GCID would be construction the facility (using non-state funds) and would lease a portion of the facility to the USDA for a 5 year "firm" term w/ a 5 year stated option. So the entire lease would be 10 years or less, which I understood did not require COS approval. is that not the case?

Joseph Henderson email dated Oct. 23, 2006 to John Merrill, Subject RE. Follow up said, John you are correct! For some reason I though the USDA Lease was a 20 year deal (5 year firm).

Unambiguous Merrill was not preceding pursuant lease of the land accomplished within the guidelines, procedures, and policies of the North Carolina Department of Administration and must be approved by the Council of State.

Original Message from Terrance Feravich to john web
cc Robert nelson: John R. Merrill sent August 14, 2005

Joseph Henderson wrote:
Terry

We can deal with the new building under our existing procedures. Let's not let the proposed lease get in the way of that.

My view of the proposed lease is that the General Assembly limited the millennial campuses to space leases not exceeding ten years. I was present at the committee meetings and have an understanding of the concerns at that time and why the ten year limit was imposed and the Council of State was kept in the process. I can't support an action (this lease) that circumvents the general assembly's intent. There are number of ways to provide for the effective administration of this campus other that the proposed lease. Emphasis added.

G.S. 116-198.34(5) applies only to Board of Governor designated G.S. 116-198.34(4b) Millennial Campuses.

Lucien Capone [UNCG attorney] email dated 09.07/2006 to Don teeter NC Dept. of Justice, Subject Joint Millennial Campus ground lease : Item (2) The statute proving an exception from Governors and Council of State approval for space leases of 10 years or less is G.S. 116-198.34(5).

The State Property Office received Greensboro Center for Innovative Development, Inc. timeline which indicated no JMC was designated Oct. 2003 etc., Erskine Bowles Administration PO-1 dated March 16, 2006 Acquisition by Leases for the purpose of establishing a NC A&T/UNCG Joint Millennial Campus, and UNC Greensboro Board of Trustee February 2, 2006 Action Item: Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T for property identified as the Joint Millennial Campus.

Unambiguous no statuary NCGS: 116-198.34. (8b) NC A&T/ UNCG Joint Millennial Campus was designated by the Board of Governor Oct. 2003, enabling Greensboro Center for Innovative Development, Inc. to administer the educational, research, and economic development mission of a Joint Millennial Campus. No lawful leased was executed by Board of Governors to the Greensboro Center for Innovative Development, Inc. for Session Law 2003.

Go Figure