UNC System\State Property Office "Raleigh Two Step"

 
From Joseph Henderson (State Property Office Director) to Terrance Feravich, CC: John Webb Thursday, August 17, 2006 Subject: NCA&T-UNCG Joint Millennial Campus (email)
 
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.
 
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.
 
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.  Emphasis added
 

 
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. 22nd, 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.
 
Received from State Property Office: 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, and GCID, 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)."
 

Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T was recommended, to The Board of Trustees of The University of North Carolina at Greensboro and recommended approval to the Board of Governors, recommended by John R. Merrill Executive Director, Greensboro Center for Innovative Development.
 
Received from the State Property Office, pursuant  Public Record Requests pursuant, Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina was received.
 
 
Lease of Joint Millennial Campus indicate: 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, Unambiguous alleging designation of Millennial Campus Oct. 2003.
 
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
 
It is recommended that the request of the Board of Trustees of North Carolina A&T State University and the Board of Trustees of The University of North Carolina at Greensboro be approved and transmitted to the Council of State for final action.
 
Received from the State Property Office ("SPO") The Board of Governors May 12, 2006 allegedly passed Lease of Joint Millennial Campus -- NCA&T and UNCG. 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: 116-198.34 (8b): upon formal request by the constituent institutions, the Board of Governors may authorize two or more constituent institutions which meet the requirements of this section to create a Joint Millennial. (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.
 
Public Record requests to Erskine Bowles UNC BOG/GA for the statutory requirements to establish the NC A&T/UNCG joint Millennial Campus (JMC) , allegedly made by Committee on Budget and Finance, expressed by Greensboro Attorney Jim W. Phillips, Jr. before the Committee and Board of Governors [ Designation of Millennial Campuses – North Carolina A&T State University and The University of North Carolina at Greensboro- Oct. 10, 2003,]; And  Erskine Bowles Administration Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro - May 2006.
 
 
Reply from Ms. Joni Worthington [Vice President for Communications UNC General Administration] ” we have provided hundreds of pages of documents related to the establishment of the joint campus and joint school. If the requested documents exist, they would be included in the documents we’ve already provided, since I’ve given you everything we have.”  Emphasis added. Notwithstanding hundreds of pages of documents, including multiple copies of the same email,  related to the establishment of the joint campus and joint school UNC BOG/GA didn't produce Board authorization establishing the (NC A&T & UNCG) Joint Millennial Campus and  NCGS § 116-198.34.(8b) statutory requirement/ lease:
 

•Consultations and recommendations establishing the Joint Millennial Campus;
•Documents the basis for the determination that the campuses had the administrative and fiscal capacity required;
•President Recommendation to establish Joint Millennial campuses;
•NC A&T and UNCG Request to Establish Joint Millennial;
•NCA&T and UNCG Request to Lease alleged Joint Millennial Cam

 
Certified Public Record Requests to UNC BOG/GA and Universities for documents pertaining to Designation of Millennial Campuses and Lease of Joint Millennial Campus
 
 
Replies to public record request for the NCA&T  Board of Trustees request for permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development and request for permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development.
 

 

NCA&T: "As to your prior request for the resolution/motion about the 75 acres of land being a part of the Gateway Research Park, There is no 2003 resolution, etc. that specifically says 75 acres are involved." determined J. Charles Waldrup J.D., Ph.D. General Counsel Office Of Legal Affairs North Carolina Agricultural & Technical State University.

NCA&T: "As to the request to General Administration to approve the ground lease, Ms. Fails cannot find any transmittal letter, memo, etc." " We wonder if possibly UNCG sent the request on behalf of both universities. General Administration should have whatever was sent to request BOG action." General Counsel Office Of Legal Affairs North Carolina Agricultural & Technical State University

 
Unambiguous NC A&T Board of Trustees had not Requested:
 
  • that the 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 be designated as a joint millennial campus - Designation of Millennial Campuses – North Carolina A&T State University and The University of North Carolina at Greensboro (APPENDIX G) ;
  • permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development. As stated in UNC BOG document Appendix C Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro (May 2006) - (APPENDIX C ) Lease of Joint Millennial Campus)
As fraudulent stated by the Erskine Bowles Administration, Jim Phillips, Jr. Committee on Budget and Finance in UNC BOG documents Designation of Millennial Campuses – North Carolina A&T State University and The University of North Carolina at Greensboro (APPENDIX G) (Oct. 10. 2003) and (APPENDIX C ) Lease of Joint Millennial Campus) (May 2006) which the 32 member unelected UNC Board of Governors approved. See Certified
 
 
UNC-G August 31, 2006 Action Item: Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T
 
The University of North Carolina at Greensboro Board of Trustees Business Affairs Committee August 31, 2006 Action Item: Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T was considered two month after May Board of Governors approval of Lease of alleged Joint Millennial Campus and three month before alleged Lease of Joint Millennial Campus was considered by the Council of State. Chancellor Sullivan introduced John Merrill, Director of the GCID, and gave a short history of the Joint Millennial Campus to the new members of the Board of Trustees. John presented a power point presentation of findings of the consultant firm working on the Master Plan for the campus. John Merrill then requested approval from this Board of the Master Plan for the South Campus of the JMC (75 acres adjacent to the NC A&T Farm).
 

August 31, 2006 Action Item Background Information says " In January 2006, a ground Lease was approved and recommended for approval by the Board of Governors.. .of the properties identified as the JMC."

UNCG August 31, 2006 Action Item: Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T,  clearly associated UNC Board of  Governors un-law ground lease of Identified Joint Millennial Campus as alleged NCGS: 116-198.34. (8b)  NC A&T/ UNCG Joint Millennial Campus.
 
 
UNC-G August 31, 2006 Action Item: Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T Recommended by John Merrill Background Information says " In January 2006, a ground Lease was approved and recommended for approval by the Board of Governors.. .of the properties identified as the JMC."

August 31, 2006 Action Item Background Information says " In January 2006, a ground Lease was approved and recommended for approval by the Board of Governors.. .of the properties identified as the JMC."

GCID Executive Director John Merrill, UNCG Board of  Trustees, UNC Board of Governors knew or should have known ground lease was for property identified as the JMC.

 
Unambiguous no statutory NCGS: 116-198.34. (8b)NC A&T/ UNCG Joint Millennial Campus was designated Oct. 10, 2003 enabling  Greensboro Center for Innovative Development, Inc. to administer the educational, research, and economic development mission of  a Joint Millennial Campus and lawfully leased to Gateway Research Park, Inc.

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

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  Form PO-2 for dispositions to the State Property Office. 600.1.4 (4.)  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., 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 did not  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.
 
Complex Name UNC-GA Gateway University Research Park
 
In accordance with General Statutes 143-341 and 146 State Property Office Maintain a complete and accurate inventory of State owned lands, buildings, and space in buildings.  State Property Office inventory of State-owned lands, buildings, and space in buildings, Public Record Land Lease listing 3-26-2013.pdf did not list Lease of  Joint Millennial Campus, Lessor NC A&T and UNCG, Lessee Greensboro Gateway University Research Park, 5900 Summit Avenue, Greensboro, Guilford County,  Area Joint Millennial Campus.


Complex UNC-GA Gateway University Research Park, Lessor UNC General Administration, lessee Gateway University Research Park, property Address 5900 Summit Avenue, Greensboro term 50 years. Comment:
 

Property to be developed as a Joint Millennial Campus for NCA&T State University and UNC-Greensboro to support the education and research missions of the Campuses and to foster economic development and entrepreneurial activity in the Region.

Note: P0-1. 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).
 
Received from the State Property Office, pursuant Public Record Requests pursuant Land Lease listing 3-26-2013.pdf  documents. Ground Lease Agreement between The State of North Carolina (Lessor) and Gateway University research Park, Inc. (Lessee) was received.
 

Article II Land, Term and Use, 2.4 Assignment and Subleasing (b) Neither the Lessee nor any sub lessee may sublet for a term of more that ten (10) years space within any improvement not or hereafter located on the Land comprising the Premises, without the prior written consent of the Lessor after approval by the Governor and Council of State, emphasis added.

Article II Land, Term and Use, 2.4 incorporate by default lessee and any sub lessee exemption from obtaining  prior written consent of the Lessor after approval by the Governor and Council of State for subleases for space less than ten (10) years; required by G.S. 143-341 and Chapter 146 of the General Statutes.
 
P0-1. 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.  Action was 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 Board of Governors May 2006 document, Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina:  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, Unambiguous alleging designation of Joint Millennial Campus Oct. 2003.
 
Land Lease listing 3-26-2013.pdf, Complex UNC-GA Gateway University Research Park, Lessor UNC General Administration, lessee Gateway University Research Park, contradict, Lease of Joint Millennial Campus North Carolina A&T State University and The University of North Carolina at Greensboro, as well as Ground Lease Agreement Between The State of North Carolina (Lessor) and Gateway University Research Park, Inc (Lessee) for Joint Millennial Campus Greensboro, North Carolina , as pertaining to Lessor and purpose of the lease.

 
Complex Name UNC-GA Gateway University Research Park
 
In accordance with General Statutes 143-341 and 146 State Property Office Maintain a complete and accurate inventory of State owned lands, buildings, and space in buildings.  State Property Office inventory of State-owned lands, buildings, and space in buildings, Public Record Land Lease listing 3-26-2013.pdf did not list Lease of  Joint Millennial Campus, Lessor NC A&T and UNCG, Lessee Greensboro Gateway University Research Park, 5900 Summit Avenue, Greensboro, Guilford County,  Area Joint Millennial Campus.


Complex UNC-GA Gateway University Research Park, Lessor UNC General Administration, lessee Gateway University Research Park, property Address 5900 Summit Avenue, Greensboro term 50 years. Comment:
 

Property to be developed as a Joint Millennial Campus for NCA&T State University and UNC-Greensboro to support the education and research missions of the Campuses and to foster economic development and entrepreneurial activity in the Region.

 
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.

 
 
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 signed P0-1 document was received from the State Property Office ("SPO") nor NCA&T/UNCG Board of Trustee minutes 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.
 
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  Form PO-2 for dispositions to the State Property Office. 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.
 
Pursuant Public Record Requests no PO-2 disposition by lease document was received from State Property Office indicating UNC System Office leased (formerly  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 to Gateway Research Park, Inc.
 
Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina (May 2006) alleged: 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,
 
 
UNC System Office houses the offices of the president and senior administrative staff. This core administrative staff researches, recommends, and executes the policies of the Board of Governors. UNC System Office – UNC System (northcarolina.edu)
 
§ 116-4. Constituent institutions of the University of North Carolina.
The University of North Carolina shall be composed of the following institutions of higher  education: the University of North Carolina at Chapel Hill, North Carolina State University at Raleigh, the University of North Carolina at Greensboro, the University of North Carolina at Charlotte, the University of North Carolina at Asheville, the University of North Carolina at Wilmington, Appalachian State University, East Carolina University, Elizabeth City State University, Fayetteville State University, North Carolina Agricultural and Technical State  University, North Carolina Central University, North Carolina School of the Arts, redesignated
effective August 1, 2008, as the "University of North Carolina School of the Arts," Pembroke State University, redesignated effective July 1, 1996, as the "University of North Carolina at Pembroke", Western Carolina University and Winston-Salem State University, and the constituent high school, the North Carolina School of Science and Mathematics. (1971, c. 1244, s. 1; 1995 (Reg. Sess., 1996), c. 603, s. 2; 2006-66, s. 9.11(b); 2008-192, s. 2.
 
Pursuant  § 116-4. Constituent institutions of the University of North Carolina UNC System is not constituent institution of the University of North Carolina and the Board of Governors would not have authority to designate property held by UNC System as a Millennial Campus.
 

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 Committee and Budget and Finance recommended ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development ; ANNUAL REPORT  indicated Actions taken under the delegated authority would be reported at the next scheduled meetings.  UNC System did not acquire Session Law 2003-284, Section 6.20, reallocated former Central School of the Deaf from the State property Office to Board of Governors and and a 75 - acre parcel of land currently comprising a portion of the North Carolina A&T State University Farm between  July 1, 2005 through June 30, 2006.

 
 

ANNUAL REPORT OF THE COMMITTEE ON BUDGET AND FINANCE TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA 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, pursuant  UNC System delegated authority.  

 
UNC-GA did not hold or acquire Central School for the Deaf allocated to the Board of Governors by the 2003 Session of the General Assembly and 75 - acre parcel of land comprising a portion of the North Carolina A&T State University Farm, to establish  a/k/a Joint NCA&T/UNCG Joint Millennial Campus nor lease to Gateway University  Research Park, Inc.
 



 
NCA&T Solicitation 5NC0075 to locate the USDA Natural Resources Conversation Service's East National Technical Center and East Remote Sensing Laboratory on the North Carolina A&T State University Millennium Campus was redirected Greensboro Center for Innovative Development pursuant bogus Joint Millennial Campus
 

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.
This memorandum of understanding (MOU) is between the United States Department of Agriculture’s Natural resources Conservation Services, herein after referred to as the NRCS, and the North Carolina A&T State University, herein referred to as A&T.
 
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
 
Feb. 2, 2006, Lease Agreement between the Greensboro Center for Innovative Development and UNCG was considered before UNCG Board of Trustee's Business Affairs Committee. Tom Ross moved to approve the recommendation leasing Identified JMC. William Pratt seconded the motion and it was unanimously approved for recommendation to the full Board.
John (Merrill) stated that the ground lease was designed to give more flexibility for development, use state funds and work with the facility staff of both UNCG and NCA&T. The USDA is a possibility for the anchor tenant.  The template was designed by Skip Capone, Leslie Winner and representative from NC A&T and the Financial Department in General Administration. Following approval by both Boards of Trustees, the lease will be submitted to the Board of Governors, then the Council of State and finally the Governor. Emphasis added.
 
Received from State Property Office: 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)."
 

Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T was recommended, to The Board of Trustees of The University of North Carolina at Greensboro and recommended approval to the Board of Governors, recommended by John R. Merrill Executive Director, Greensboro Center for Innovative Development.
 
UNCG Board of Trustees Feb. 2, 2006 approved Lease Agreement between
the Greensboro  Center for Innovative Development and UNCG and NCA&T and recommend approval to the Board of Governors.
 
NC A&T Board of  Trustees Table Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T
 
Allegedly, Mr. Merrill presented  Ground Lease Agreement between the State of North Carolina and Greensboro Center for Innovative Development (GCID), Feb. 15, 2006 seeking approval of the Ground Lease by the Board so that GCID can be granted control of the two millennial campus properties as the development moves forward Documents presented to the Board of Trustees when considering was Ground Lease Agreement and Resolutions : In Support of the Creation of a Joint Millennial Campus between NC A&T and The University of North Carolina at Greensboro dated Aug. 22, 2003.[ 20120327105608787.pdf]] [NC A&T-PR]. called for joining with UNCG to establish a joint Millennial campus whose real estate consisted of the former School of the Deaf property allocated to the Board of Governors to established a joint Millennial Campus, constituting one property, without a syllable pertaining to additional Real Estate nor 75-acre parcel of land on NC A&T farmland.
 
Memorandum from Chair Velma Speight-Bluford to Executive Committee dated February 22, 2008 RE: Ground Lease Agreement-Millennial Campus stated: At the Board meeting on Wednesday, February 15, 2006, John Merrill, Director of the Greensboro Center for innovative Development, presented for approval a Ground lease Agreement Between The State of North Carolina (Lessor) and Greensboro Center for Innovative Development. Inc. (Lessee) for the Joint Millennial Campus of Greensboro, North Carolina..
Chairwoman Speight-Buford February 22, 2006 Memorandum to the Board of Trustees Executive Committee , By majority vote, the Board decided that more time was needed to review the document (Ground Lease Agreement Between the State of North Carolina (Lessor) and the Greensboro Center for Innovative Development, Inc. (Lessee) for the Joint Millennial Campus of Greensboro, NC.) I announced that I would seek approval of the document by way of the Executive Committee.
As written NC. A&T Executive Committee acting alone did not have  authority to over ride full board decision.
 
Received from State Property Office,
Janese A. Fails recorder respectfully submitted alleged Executive Committee Post Meeting minutes dated February 15, 2006, which stated: During the Board of Trustee meeting held on February 15,   Mr. John Merrill was invited to present to the Board for approval a Ground Lease Agreement Between The State of North Carolina (Lessor) and Greensboro Center for  Innovative Development, Inc.

(Lessee) for Joint   Millennial Campus. Following his presentation, Chairwoman Speight-Buford entertained a motion for approval of the   agreement. A motion made by Mrs. Bruce to approve the Agreement; however, Dr. McCain mad substitute motion to delay the vote of approval of the Agreement until the Executive Committee had time to thoroughly review the document.
 
Chairwoman Speight-Buford called a post meeting with the Executive Committee of the Board of Trustees immediately following the full Board meeting to determine how the matter would be handled. She would also converse with the other Board member for their input. The Executive Committee unanimously agreed to the voting arrangements.
 
Upon the Executive Committee in-depth review of the Agreement, Chairwoman Speight-Buford forwarded a voting memorandum to each of them. On February 22, 2006, the Executive Committee unanimously approved the Ground Lease Agreement Between The State of North Carolina (Lessor) and Greensboro Center for Innovative Development, Inc. (Lessee) for Joint Millennial Campus.
 
Executive Committee Post Meeting minutes  alleged "On February 22, 2006, the Executive Committee unanimously approved the Ground Lease Agreement Between The State of North Carolina (Lessor) and Greensboro Center for Innovative Development, Inc. (Lessee) for Joint Millennial Campus."
 
 
In addition to whether fax vote was permissible pursuant NCA&T Board of Trustees Bylaws.  Public records documents indicated Lease Fax vote took place between Feb. 22, 2006 thru April 19, 2006, through alleged Mr. Henry Isaacson FEB. 22, 2008 Fax. contradicting Ms. Fails claim of an unanimous Executive Committee Feb 22, 2006, vote approving GCID Ground Lease.
 
NCA&T Recording Secretary Janese A. Fails alleged Executive Committee Post Meeting Minutes without Board approval are not official minutes of NC A&T Board of Trustees'.
 
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.
Location: A negotiated action under Solicitation 5NC0075 will result in a non-competitive award to locate the USDA Natural Resources Conversation Service's East National Technical Center and East Remote Sensing Laboratory on the North Carolina A&T State University Millennium Campus.
Amount of Space: The U.S. government intends to lease a total of 24,680 rentable square feet921,461 contiguous BOMA usable square feet ) and six (6) reserved outside parking spaces based on the determination that this is within the best interest of the U.S. Government. This space will be made available for use buy the USDA Natural Resources Conversation Service's East National Technical Center and East Remote Sensing Laboratory personnel, furnishings and equipment to maintain mission critical engineering, research, development, and academic requirements.
 
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  indicate GCID was complicit with UNC System March 13, 2006 Acquisition of Real property by lease.
 
 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. 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 known as the Central North Caroling School for the Deaf.
 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
 


Notwithstanding  Erskine Bowles General Administration submission of Acquisition of Real Property PO-1, dated March 13, 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.
 
 
I am aware this is a joint project of North Carolina Agricultural & Technical State University and the  University of North Carolina at Greensboro..[26]
 
Received from the State Property Office, 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
 
Bridgette L. Chase, Jones Lang LaSalle Americas, August 8, 2006 Email to Mr. John R. Merrill, Executive Director GCID indicated. This letter is in regards to SFO #5NC0075 for the USDA Natural Resources Conservation Service in Greensboro, North Carolina. Please carefully review your proposal for the project located at the North Carolina A&T University Campus, Greensboro, North Carolina and submit your best and Final Offer (BAFO) no later than close of business on August 15, 2006. 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.

 
 
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.  Emphasis added
 



Joe Henderson Memorandum dated September 28, 2006 to Don Teeter subject: Joint Millennial Campus, Greensboro (JMC) says: UNC General Administration has requested that the State Property Office approved and accept its concept for developing the JMC which involves a lease of the existing Land and facilities to a nonprofit created by the campuses (UNCG and NCA&TSU) and subsequent subleases to tenants that will occupy the JMC. A copy of the proposed lease to the nonprofit is attached for your review.

Applicable statues that I am aware of include the "Centennial Campus, the Horace Williams campus and the Millennial Campus Financing Act" (NCGS 116, Article 21B) as well as NCGS 146 and NCGS 143-341.

Your response within the next week, or so is urgently requested. A transaction involving the first tenant at the JMC is pending, and the Procedures we will follow for that lease must be decided within the next two weeks in order to meet agenda dead line  for the University, Governmental Operation and 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.
 
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.
 
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.

 
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)."


UNC-GA without authority to do so executed  lease for real property identified as Joint Millennial campus with the Greensboro Center for Innovated Development which has not been approved by the by the Council of State, Governmental Operations, reviewed by the Attorney General and sighed by the Governor.
 
Neither UNC-General Administration, and UNC Board of Governors   had authority to execute ground lease to GCID not accomplished within the guidelines, procedures, and policies of the North Carolina Department of Administration and  approved by the Council of State.
 
 

Sandy new lease for Millennial Campus at Greensboro

 
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 .
 


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  GCID Executive Director John Merrill  USDA lease was not pursuant lease of  land  accomplished within the guidelines, procedures, and policies of the North Carolina Department of Administration and  approved by the Council of State.
 
John Merrill email dated October 19, 2006 subject Follow-up to Joseph Henderson says I just wanted to follow up with you  a couple of items. First, I wanted to let you know that we have received the lease award from the USDA for the space at the South Campus. I have attached a copy of the lease document.
Joseph Henderson email dated October 20, 2006 to John Merrill Subject Re: Follow-up says: Thanks for the info. The Council of State agenda item is simply a summary of the proposed transaction, not a review or approval of documents. We may not have the lease redrafted (the agreement with GCID has already been executed) by the meeting, but we'll certainly  include you and Skip, etc., in the process. We'll start with the lease that Skip drafted and have the A.G.'s Office redraft as necessary.  Clearly Merrill indicated receiving the lease award from the USDA October 19, 2006.  Henderson indicated October 20, 2006 a lease redraft October 20, 2006 starting with lease that Skip drafted.
 
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.
 

Disposition by Lease Gateway University research Park, Inc (NC A&T and UNC-G) Guilford County was presented for consultation pursuant to NCGS 146-291.(C) to Government Operation
 
 
In Letter dated November 7, 2006 Joseph Henderson, Director State Property Office stated " This is to advice you that the Council of state, at it's meeting held on the above date, approved the attached item. This matter will be referred to the Attorney General's Office at the appropriate time for preparation of documents. In the meantime, if you have any questions regarding this transaction, please contact Pam Strickland of this office.  Director Henderson letter was addressed to James Griffin NC A&T State University and Helen Ward UNC-Greensboro and copied to  Don Teeter and John Merrill.

 
Letter dated November 7, 2006 Joseph Henderson, Director State Property Office comment stated "The General assembly and the Board of Governors of the University of North Carolina designate this property to be developed as a Joint Millennial Campus for NC A&T State University and UNC at Greensboro.. subleases will be subject to State approval except for leases of space only not exceeding a term of ten years.
 
John Merrill email  Eastern Guilford High School and Joint Millennial Campus Ground Lease dated 16 Nov. 2006 to Joseph Henderson :THANKS so much for your support of GURP and for your tremendous presentation on our behalf at last week's meeting of the Council of State"!
 
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. All real property instruments are to be entered into in the name of the State of North Carolina, not the constituent institution, regardless of whether signed by the Governor, the chancellor, or other official.  600.1.4 (4.)
 
Received from the State Property Office, pursuant Public Record Requests pursuant Land Lease listing 3-26-2013.pdf  documents. Ground Lease Agreement between The State of North Carolina (Lessor) and Gateway University research Park, Inc. (Lessee) was received.
 

 
Lessor : State of North Carolina
North Carolina Agricultural and Technical State University and
University of North Carolina at Greensboro

Lessee
Gateway University Research Park
 
 
Article II Land, Term and Use, 2.4 Assignment and Subleasing (b) Neither the Lessee nor any sub lessee may sublet for a term of more that ten (10) years space within any improvement not or hereafter located on the Land comprising the Premises, without the prior written consent of the Lessor after approval by the Governor and Council of State, emphasis added.

Article II Land, Term and Use, 2.4 incorporates Lessee and any sub lessee exemption from obtaining  prior written consent of the Lessor after approval by the Governor and Council of State for subleases for space less than ten (10) years.
 
Letter dated November 7, 2006 Joseph Henderson, Director State Property Office comment stated "The General assembly and the Board of Governors of the University of North Carolina designate this property to be developed as a Joint Millennial Campus for NC A&T State University and UNC at Greensboro.. subleases will be subject to State approval except for leases of space only not exceeding a term of ten years.
 
N.C. G.S. 116-198.34(5) 10-year Space lease exemptions applies only to Board of Governor designated G.S. 116-198.33(4b) Millennial Campuses
 
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.

 
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).

 

 
§ 116-198.34. General powers of Board of Governors
 
The Board may exercise any one or more of the following powers:
To acquire, hold, lease, and dispose of real and personal property in the exercise of its powers and the performance of its duties hereunder and to lease all or any part of any project or projects and any existing facilities upon such terms and conditions as the Board determines, subject to the provisions of G.S. 143-341 and Chapter 146 of the General Statutes.
 
Notwithstanding G.S. 143-341 and Chapter 146 of the General Statutes, a disposition by easement, lease, or rental agreement of space in any building on the Centennial Campus, on the Horace Williams Campus, or on a Millennial Campus made for a period of 10 years or less shall not require the approval of the Governor and the Council of State. All other acquisitions and dispositions made under this subdivision are subject to the provisions of G.S. 143-341 and Chapter 146 of the General Statutes. Emphasis added.
 
No statuary NCGS: 116-198.34 (8b) NC A&T/ UNCG Joint Millennial Campus was designated by UNC Board of Governors
 
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. 
 
Received from State Property Office: 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)."
 
 

Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T was recommended, to The Board of Trustees of The University of North Carolina at Greensboro and recommended approval to the Board of Governors, recommended by John R. Merrill Executive Director, Greensboro Center for Innovative Development.
 
UNCG Board of Trustees Feb. 2, 2006 approved Lease Agreement between
the Greensboro  Center for Innovative Development and UNCG and NCA&T and recommend approval to the Board of Governors.
 
 
UNC-G August 31, 2006 Action Item: Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T
 
The University of North Carolina at Greensboro Board of Trustees Business Affairs Committee August 31, 2006 Action Item: Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T was considered two month after May Board of Governors approval of Lease of alleged Joint Millennial Campus and three month before alleged Lease of Joint Millennial Campus was considered by the Council of State. Chancellor Sullivan introduced John Merrill, Director of the GCID, and gave a short history of the Joint Millennial Campus to the new members of the Board of Trustees. John presented a power point presentation of findings of the consultant firm working on the Master Plan for the campus. John Merrill then requested approval from this Board of the Master Plan for the South Campus of the JMC (75 acres adjacent to the NC A&T Farm).

August 31, 2006 Action Item Background Information says " In January 2006, a ground Lease was approved and recommended for approval by the Board of Governors.. .of the properties identified as the JMC."

UNCG August 31, 2006 Action Item: Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T clearly associated UNC Board of  Governors un-law ground lease of Identified Joint Millennial Campus as alleged NCGS: 116-198.34. (8b)  NC A&T/ UNCG Joint Millennial Campus.
 

 
UNC-G August 31, 2006 Action Item: Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T Recommended by John Merrill Background Information says " In January 2006, a ground Lease was approved and recommended for approval by the Board of Governors.. .of the properties identified as the JMC." GCID Executive Director knew or should have known ground lease was for property identified as the JMC.
 
Greensboro Center for Innovative Development Executive Director John Merrill and The State Property office knew or should have known no statuary NCGS: 116-198.34. (8b)  NC A&T/ UNCG Joint Millennial Campus was designated 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 NCA&T/UNCG JMC for Session Law 2003-284, Section 6.20, land and facilities and 75-acre parcel of NC A&T Farmland.   G.S. 116-198.34(5) exemptions  did not apply to GCID Lease  with USDA as well as Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina.
 
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)  is 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.  Millennial Campus is leased to Gateway Research Park.  Issue overview did not indicate UNC System Office statutory authority to designate "its" Millennial Campus.
 
NC System Office  alleged designated 150 acres millennial campus consisting of Gateway Research Park-North Campus in Brown Summit, NC and Gateway Research Park-South Campus in Greensboro, NC., which mirror , Designation of Millennial Campuses – North Carolina A&T State University and The University of North Carolina at Greensboro: 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 alleged designated as a Joint Millennial Campus Oct. 2003).
 
Expansion of Millennial Campus (Issue Overview) indicate "the millennial campus is leased to Gateway Research Park, a 501(c)(3) non-profit corporation which is a joint venture between North Carolina A&T State University and The University of North Carolina Greensboro" which mirror Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro May 2006.
 
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 PRR-22-23 document referred to UNC System Millennial campus and its lease to Gateway Research Park.
 
Prior to  Council of State and Governmental Operation approval,  UNC General Administration lease bogus JMC real property  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)."
 
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 116-198.33(4b)
UNC System Office alleged designate millennial campus consisting of Gateway Research Park-North Campus in Brown Summit, NC and Gateway Research Park-South Campus in Greensboro, NC.  Unambiguous no statuary NCGS: 116-198.34. (8b),GS 116-198.33(4b)  NC A&T/ UNCG Joint Millennial Campus was designated enabling  Greensboro Center for Innovative Development, Inc. to administer the educational, research, and economic development mission of  a Joint Millennial Campus.    G.S. 116-198.34(5) exemptions  did not apply to GCID Lease  with USDA  as well as  UNC Board of Governor alleged Lease of  Joint Millennial Campus.
 
Article II Land, Term and Use, 2.4 Assignment and Subleasing (b) Neither the Lessee nor any sub lessee may sublet for a term of more that ten (10) years space within any improvement not or hereafter located on the Land comprising the Premises, without the prior written consent of the Lessor after approval by the Governor and Council of State, emphasis added.

Article II Land, Term and Use, 2.4 incorporates by default  G.S. 116-198.34(5) exemptions,  Lessee and sub lessee exemption from obtaining  prior written consent of the Lessor after approval by the Governor and Council of State for subleases for space less than ten (10) years.
 
Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro property was not millennial nor Joint Millennial Campus.  Article II Land, Term and Use, 2.4 Assignment and Subleasing (b) Lease and sublease are subject to the provisions of G.S. 143-341 and Chapter 146 of the General Statutes.
 

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