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 |
|
|
|
|
|
|
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:
TerryWe 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. |
|
|
|
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. |
|
|
All Rights Reserved |