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NCGS 116-198.33(3)(4) & 116-198.34
(8b) |
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 UNC
System Office is not an
institution defined by G.S.
198-33(3) |
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NCGS 116-198.33(3),
The word "Institution"
shall mean
...constituent
institution or affiliated
institution of the
University of North
Carolina with a
Millennial Campus
defined by G.S.
116-198.33(4b)
(2020). Emphasis
added |
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GS
116-198.33(). (2020) 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 or affiliated
institution of The
University of North
Carolina .... |
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The University of North
Carolina constituent
institutions are Appalachian
State University, East
Carolina University,
Elizabeth City State
University, Fayetteville
State University, North
Carolina A&T State
University, North Carolina
Central University, North
Carolina State University,
UNC Asheville, UNC-Chapel
Hill, UNC Charlotte, UNC
Greensboro, UNC Pembroke,
UNC School of the Arts, UNC
Wilmington, Western Carolina
University, Winston-Salem
State University, and North
Carolina School of Science
and Mathematics, listed
at Institutions
and Affiliates https://www.northcarolina.edu/institutions/ |
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The University of North
Carolina Affiliates are UNC
Health, PBS North Carolina,
The North Carolina
Arboretum, The University of
North Carolina Press, The
North Carolina State
Approving Agency (NCSAA),
and The North Carolina State
Education Assistance
Authority (NCSEAA), listed
at Institutions
and Affiliates https://www.northcarolina.edu/institutions/ |
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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) |
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Clearly UNC System Office is
neither a constituent
institution nor Affiliated
Institution of the
University of North Carolina
as defined by G.S. 98-33(3).
The Board of lack authority
pursuant NCGS
116-198.34 (8b,) to
designate an addition to
alleged UNC System Office
millennial campus. |
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Expansion
of Millennial Campus was
not recommended by the
chief executive officer
or equivalent executive
position for an
affiliated institution |
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Expansion of Millennial
Campus- The University
of North Carolina System
(" Expansion of
Millennial Campus") Says
G.S. 116-198.34 grants
the Board of Governors
authority to designate
real property as a
millennial campus when
recommended by the
president. |
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Statue G.S.
116-198.34 8(b) reads:
Acting on recommendation
made by the President after
consultation by the
President ...with the
chief executive officer
or equivalent executive
position for an
affiliated institution,...to
designate real property
held by, or to be
acquired by, an
affiliated institution
as a "Millennial Campus
of the institution,
emphasis added |
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| Statue G, S.
116-198.34(8b) requires
President consultation with
the chief executive
officer or equivalent
executive position for
an affiliated
institution, prior
to recommendation by the
President which
Expansion of Millennial
Campus document did not
demonstrate. A
requirement that may
indicate UNC System was
not envisioned as an
affiant institution. |
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UNC
System Office does not
have a Millennial Campus
defined by G.S.
116-198.33(4b). |
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Issue overview indicate G.S.
116-198.34 (8b) grants
the Board of Governors
authority to designate
real property as a
millennial campus when
recommended by the
president...
.
The University System
Office ( UNC System
Office) if requesting
an expansion of its millennial
campus to include the
Spangler Complex ... . 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.
Issue overview did not
indicate UNC System
Office authority to
designate UNC System
Office millennial
Campus. |
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NCGS
116- 198.33(4b) (2020) :
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 or affiliated
institution of The
University of North
Carolina .... Issue
overview indicate The
UNC System Office has
previously designate
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. Alleged
UNC System Office
designated millennial
campus was not
designated by the Board
of Governors therefore
not defined
by G.S. 116-198.33(4b). Board
of Governors lack
authority pursuant NCGS
116-198.34 (8b,) to
designate expansion of
alleged UNC System
Office millennial campus
without an millennial
campus defined by G.S.
116-198.33(4b). |
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Draft minutes
for UNC Board of
Governors
Committee on
Budget and
Finance meeting
May 25, 2022,
alleged Chief
Operating
Officer Michael
Vollmer and Ms.
Haygood provided
a presentation
on the request
expansion of the
UNC system
Office
millennial
campus to
include the
eight acres
accompanying the
Spangler Center
located in
Chapel Hill. |
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The requested
expansion of the
UNC system
Office
millennial
campus was
approved by
committee and
forward to the
Board of
Governors for
approval on the
consent agenda. |
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 Sept 21, 2022 Expansion of Millennial Campus - the UNC System Office |
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| Agenda Item A-6 Expansion of Millennial Campus - the UNC System Office was considered by the Board of Governor. Background indicated the Millennial Campus designation currently Includes Gateway Research Park- North Campus in Brown Summit, NC: Gateway Research Park-South Campus in Greensboro, NC; and the Spangler Complex in Chapel NC. Mixing alleged UNC System Office designate Gateway Research Park- North Campus in Brown Summit, NC: Gateway Research Park-South Campus in Greensboro, N.C.; with Board of Governor non-compliant with NCGS 116-198.33(3) & NCGS 116-198.34 (8b) designated UNC System Office Millennial Expansion . |
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| NCGS 116-198.34 (8b) does not authorized UNC Board of Governors to expanded alleged UNC System Office Millennial Campus to include property in Research Triangle Park, totaling approximately 111 acres, located at 10 T.W. Alexander Road, Durham, North Carolina. UNC System Office is not an institution of the University of North Carolina as defined by G.S. 116-198.33(3), being nighter constituent nor affiliate with a millennial campus of the University of North Carolina as defined by G.S. 116-198.33(4b). |
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| Sept 21, 2022 Draft Minutes indicated Expansion of UNC System Office Millennial Campus passed by Budget and Finance Committee and was placed on Consent Agenda before the Board, where full Board Minutes indicated Expansion of Millennial Campus was passed on Consent agenda. |
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No statuary NCGS:
116-198.34.
(8b) NC A&T/
UNCG Joint
Millennial
Campus was
designated by
UNC Board of
Governors ("UNC
BOG"), enabling
Greensboro
Center for
Innovative
Development,
Inc. ("GCID")
to administer
the educational,
research, and
economic
development
mission of Joint
Millennial
Campus; UNC BOG/
UNC System
Office de facto
designated
millennial
campus\
NCA&T/UNCG Joint
Millennial
Campus & Joint
School of
Nanoscience and
Nanoengineering, serves |
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as conduit
diverting NCA&T proposed university
millennial campus 75-acres
of farmland, USDA sole
source agreement to located
building on NCA&T millennial
campus, Federal Research and
Academic programs, to be
accessed by HWI UNC
Greensboro, Gateway Research
Park, Inc., businesses, and
addition UNC constituents
institutions and other
institutions, as UNCG/NCA&T
Joint Millennial campus,
aka, Gateway University
Research Park; No lawful
lease was executed by UNC
Board of Governors/UNC
System Office to GCID for
Session Law 2003-284,
Section 6.20, land and
facilities and 75-acre
parcel of NCA&T Farmland. |
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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. |
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Notwithstanding
NCA&T's 2001
Master Plan
update
calling for
establishing
a university
Millennial  Campus
at the farm,
credited in
the media as
the work of
UNC-G
district NC
Senator Kay
Hagan, June
30, 2003,
the General
Assembly,
Session Law
2003-294,
Section
6.20,
reallocated
former
Central
School of
the Deaf
from the
State
property
Office to
UNC BOG to
be used for
the
establishment
of
Millennium
campuses of
the
University
of North
Carolina at
Greensboro
and North
Carolina
Agricultural
and
Technical
State
University. |
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 UNC
Board of
Governors
Committee
for Budget
and Finance
July 2003
recommend Law
2003-2984,Section
6.20
Transfer of
Land for the
Millennium
Campuses of
UNC
Greensboro
and NC A&T
State
University. |
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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. |
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| 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. |
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| 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. |
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| Action item background information: |
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- Timeline from Feb. 2003 through Feb2, 2006 does not indicated JMC was designed by UNC BOG,
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- 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,
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- 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
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- This document has also been reviewed by the Office of the President [ Erskine Bowles Office]
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 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)." |
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NC A&T Board
of Trustees
Table Lease
Agreement
between the
Greensboro
Center for
Innovative
Development
and UNCG and
NC A&T |
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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.. |
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NC.
A&T
Executive
Committee
acting
alone
did
not
have
the
authority
to
over
ride
the
full
board
decision. |
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| 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. |
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| 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. |
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| 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.? |
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| Email from John R. Merrill to Terrance Feravich (UNC-GA) Subject Ground Lease may indicate source of PO1 was the Greensboro Center for Innovative Development ( non-state agency) rather than UNC System. |
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| 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 |
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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 |
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Unambiguous
no statuary 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. |
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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. |
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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:
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- 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.
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| The Board of Governors May 12, 2006 pass Lease of Joint Millennial Campus, NCA&T and UNCG on the consent agenda. |
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| 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. |
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| 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. |
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| 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. |
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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 Campus
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| Unambiguous no statuary 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. |
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Expansion of
Millennial
Campus - The
University of
North Carolina
System Office
May 25, 2022 |
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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. |
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| 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) |
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| 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. No lawful leased was executed by Board of Governors to the Greensboro Center for Innovative Development, Inc. for NCA&T/UNCG Joint Millennial Campus consisting of Session Law 2003-284, Section 6.20, land and facilities and 75-acre parcel of NC A&T Farmland. Link |
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 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. |
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PRR-22-23 Minutes of 5.11.06 |
| UNC BOG Committee on Budget and Finance document Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro was considered by Budget and Finance committee May 11, 2006. |
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May 11, 2006 Meeting Minutes of the Board of Governors Committee on Budget and Finance allege Mr. Merrill presented information in support of the agenda item Lease of Joint Millennial Campus - North Carolina A&T State University and The University of North Carolina at Greensboro. Agenda Item says:
- In October 2003, the Boards of Trustees of North Carolina A&T State University and The University of North Carolina at Greensboro requested, and the Board of Governors approved, the designation of the land (formerly the Central School for the Deaf) reallocated to
the Board of Governors by the 2003 Session of the General Assembly and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm as a Joint Millennial Campus.
- Now, the Boards of Trustees of NCA&T and UNCG are requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development,... that would administer the educational, research, and economic development mission off the Joint Millennial Campus.
Allegedly Board member Peter Hans was on Board of Governors Budget and Finance Committee when Lease of Joint Millennial Campus was approve by committee and by the full Board of Governors chaired by Jim Phillips on the Consent Agenda. Lease stated Now, the Boards of Trustees of NCA&T and UNCG were requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development, a jointly-controlled and jointly-funded 501(c)(3) entity that would administer the educational, research, and economic development mission of the Joint Millennial Campus.. |
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| The Board of Governors May 12, 2006 pass Lease of Joint Millennial Campus, NCA&T and UNCG on the consent agenda. |
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| 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. |
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* BOG Meeting Material Graphic |
| [2] Ribbon Cutting Sets Gateway Project in Motion, The Aggie Report VOLUME EIGHT - NUMBER TWENTY - MAY 25, 2007 ]. |
| [3] A&T CHANCELLOR PLANS TO RETIRE: FORT: GOALS COMPLETE, Greensboro News & Record - Friday, May 29, 1998 , BETH MCMURTRIE Staff Writer |
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All Rights
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" I
am so energized by the potential of this research
park, in particular the joint schools of
nano technology and nano science. The world is
seeing explosive growth today in the
commercialization of nanotechnology. We will
have all of the assets right here in Guilford
County that we need to participate in that
explosion, and they will be right here at the Gateway
University Research Park." said ("Greensboro
Boy" ) Erskine 
Bowles President
of the University of North Carolina System. 2
Photo NC A&T. 
"This
tract of
land is
part of
the
Seventy
Five
acres we
carved
out for
Gateway
University
Research
Park."
said 
