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Proposed lease was smoking
Gun NCA&T/UNCG Joint Millennial Campus was not designated |
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 Published
as "the most plugged-in
attorney in North Carolina", northcarolina.edu minutes
claim City
of Greensboro Lobbyist, Greensboro
Attorney Jim W. Phillips, Jr., Committee Budget and Finance
Chair speaking before Board of Governors stated that the Boards of
Trustees at North Carolina A&T State
 University
and he University of North Carolina at
Greensboro requested that the land formerly designated for the
Central School for the Deaf and allocated to the Board of Governors by the
2003 Session of the General Assembly and a 75 - acre parcel of
land currently comprising
a portion of the North Carolina A&T State University
Farm be designated as a Joint Millennial Campus, alleged
approved Oct. 10, 2003, at Appalachian State. |
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N.C. G. S.
116-30.20 (2005-276,s.9.22 ) Establishment of
private, Nonprofit Corporations |
August 2003 University chancellors didn’t have the
authority to establish University related nonprofit
corporations. UNC-G attorney Lucien Capone in document dated
09/07/2006 to Drteeter@ncdoj.gov stated: Statue
authorizing creation of nonprofit G. S. 116-30.20
(2005-276,s.9.22 ) provides The Board of Governors
of The University of North Carolina shall encourage
the establishment of private, nonprofit corporations
to support the constituent institutions of The
University of North Carolina and The University
System, two years after universities 2003
resolution. |
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2005, members of the Guilford County
Legislative Delegation, Senate
Appropriations Chair Kay
Hagen and House
Appropriations (Big) Chair Maggie
Jeffus co-sponsored identical
“forerunners legislation of G. S.
116-30.20. N.C. G. S. 116-30.20
(2005-276,s.9.22) Establishment
of private, Nonprofit Corporations.
The Board of Governors of The University
of North Carolina shall encourage
the |
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establishment
of
private, nonprofit
corporations to support the constituent
. institution of The University of North
Carolina and The University System.
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N.C. G. S. 116-30.20 (2005-276,s.9.22 ) Establishment
of private, Nonprofit Corporations
The Board of Governors of The University
of North Carolina shall encourage the
establishment of private, nonprofit
corporations to support the
constituent institution of The
University of North Carolina and The
University System. The President of The
University of North Carolina and the
chancellors of the Constituent
institutions may assign employees to
assist with the establishment and
operation of a nonprofit corporation and
may make available to the corporation
office space, equipment, supplies, and
other related resources, provided, the
sole purpose of the corporation is to
support The University of North Caroline
or one or more of its constituent
institutions.Article IX Sec. 9. of
the NC Constitution of the State
declares: The General Assembly shall
provide that the benefits of The
University of North Carolina and other
public institutions of higher education,
as far as practicable, be extended to
the people of the State free of expense.
N.C. G. S. 116-30.20 (2005-276,s.9.22 )
which does not require cost
vs. benefit determination (as far as
practicable, be extended to the
people of the State free of expense.)
maybe NC unconstitutional. |
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| As directed by UNC General
Administration, all University
affiliated organizations meeting
the appropriate defining
criteria must have a signed MOU
in place with the Universities.
Working with University counsel
and counsel for Gateway, an MOU
document was created and
executed between the parties.
In order to formalize the
relationship between the
entities (Gateway and the two
Universities), it was determined
that it would be helpful to
create a contract that outlined
the responsibilities of the
parties as it relates to
management and development of
the Research Park. A Management
Services and Development
Agreement (MSDA) was created by
counsel for all parties in
conjunction with each
University’s Office of Business
Affairs. The document was first
approved by each Chancellor and
was then approved by each Board
of Trustees.
Once the MSDA and Ground
Lease were in place, Gateway
worked with each University’s
Office of Business Affairs and
the Finance staff at General
Administration to identify a
“grant” mechanism to allow
Gateway University Research
Park, Inc. to act as the agent
for the Universities in
developing the Research Park.
Using forms recommended by the
State Office of Budget and
Management, two grants were
executed allowing Gateway to
perform renovations at the North
Campus and infrastructure at the
South Campus. Before any of the
funds were transferred to
Gateway, the State Budget Office
agreed that this mechanism was
appropriate. Source Gateway
University Research Park, Inc.
UNCG Academic Affairs Annual
Report AY 2007/08 |
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Public Record Video"
It maybe the USDA is our first
tenant at the south campus the
result of them leasing a long
term lease will allow us to
build a structure out there" |
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(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.
UNC Constituent Universities and General Administration may
acquire or dispose of property by lease. (UNC Policy Manual
600.1.3 ). Any proposal involving the acquisition or
disposition by the institution of any interest in real
property shall be recommended by the Board of Trustees. All
real property transactions that require approval beyond the
campus level are to be initiated by submission of the Form
PO-1 for acquisitions and the Form PO-2 for dispositions to
the State Property Office. |
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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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| 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 |
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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.
Ground Lease Agreement between the State of
North Carolina (Lessor) and Greensboro Center
for Innovative Development, Inc. (GCID) (Lessee)
wascreated
around Nov. 2005. With
the assistance of Camille Kluttz-Leach, Skip
Capone, Lee Lloyd, Bo Rodenbough (Lee
and Bo are both from Brooks Pierce),
staff from GA, we
have developed a draft ground lease using
the Centennial Campus ground lease and other
University-affiliated ground leases as models.
Following approval from the State Property
Office, the Boards of Trustees of UNCG and NC
A&T will need to approve the ground lease and
formally request approval by the UNC Board of
Governors. Following BOG approval, the State
Property Office will recommend approval to the
Attorney General’s office, which will then
recommend the lease for signature by the
Governor and the Council of State. (GCID,
4.2) UNCG DIVISION OF ACADEMIC AFFAIRS ANNUAL
REPORT 2005 Calendar Year ] (emphasis added) |
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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 |
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. |
 Third
Regular Board of Trustees Minutes 02/15/06 minutes,
Mrs. Bruce made a motion for approval of the
Agreement. Dr.
McCain then made a substitute motion to delay
approval of the Agreement . He
intimated that he felt strongly about the Board
members needing time to review the before
casting their vote. The motion was seconded by
Mr. Clements and was carried by majority
vote-five members voted in favor of the delay,
four members opposed with two members abstaining
from the vote. |
  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. |
 NC
A&T Board of Trustees table the Ground lease
agreement February 22, 2006 and did not
subsequent to the Third Regular scheduled
meeting did not approve the Lease, legally
killing attempt to lease Identified NCA&T/ UNCG
Joint Millennial Campus.
Pursuant
Public Record Requests for Ground Lease
Agreement approval NCA&T:
"As to the request to General Administration to
approve the ground lease, Ms. Fails cannot find
any transmittal letter, memo, etc." |
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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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| UNC
System General Administration is not
a constituent university in the UNC
System. The Millennial Campus
Statue does
not provide for the The Board of
Governors to designate a General
Administration NC G. S.: 116-198.34.
(8b) Joint Millennial Campus. UNC
Policy Manual 600.1.3 limits the
President to acquisition of Real
Property to $25,000 or less without
Board of Governors approval and 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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Erskine
Bowles UNC System
Acquisition of Real
Property by lease P0-1
dated March 13, 2006 for
the purpose of
establishing a Joint
Millennial Campus for
North Carolina A&T |
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State
University and The
University of North
Carolina
Greensboro. Proposed
Lease unequivocal
extinguished UNC Board
of Governors alleged
Joint Millennial Campus
- North Carolina A&T
State  University
and the University of
North Carolina
Greensboro - false
claim Oct. 10, 2003
designation of the
Central School of the
Deaf reallocated to the
Board of Governors and
75-acre parcel on NCA&T
farmland as Joint
Millennial Campus. |
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 Unambiguous
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
Session Law 2003-284, Section 6.20, land and
facilities and 75-acre parcel of NC A&T
Farmland. |
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Millennial Campus Statue] §
116-198.34. General powers of Board of Governors.
The Board may exercise any one or more of the
following powers: (1) To determine the location
and character of any project or projects, and to
acquire, construct, and provide the same, and to
maintain, repair, and operate, and to
enter into contracts for the management, lease,
use, or operation of all or any portion of any
project or projects and any existing facilities. |
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Universities Chancellors Dr. Patricia Sullivan
and Dr. James Renick signed off on Articles
of Incorporation of Nonprofit
Greensboro Center for Innovative
Development, as
Natural persons, August 6, 2003, over
18 years old. NCA&T
and UNCG Chancellors, etc. |
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Notwithstanding Erskine
Bowles General
Administration submission of
Acquisition of Real Property
PO-1, dated March
16, 2006, to
Department of
Administration, State
Property Office for the
purpose to establish Joint
Millennial Campus for NCA&T
and UNCG; claiming this
action has been approved by
NCA&T and UNCG Board of
Trustees. |
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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,
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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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UNC Board of
Governors May 2006
Lease of Joint
Millennial Campus
stated: |
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Now, the
Boards of
Trustees of
NCA&T and UNC-G
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.
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Note: GS
§ 116-36.5.
(c) All
money
received
through
development
of a
Millennial
Campus of a
constituent
institution
of The
University
of North
Carolina as
defined by
NCGS §
116-198.33(4b),
from
whatever
source,
including
the net
proceeds
from the
lease or
rental of
real
property on
a Millennial
Campus,
shall be
placed in a
special,
continuing,
and
nonreverting
trust fund
having the
sole and
exclusive
use for
further
development
of that
Millennial
Campus.
Note: Millennial
Campuses are
exempt from
the Umstead
Act which
prohibits
State
government
from
engaging in
the Sale of
Goods in
competition
with
citizens of
the State.
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May 19, 1999, UNCG
Chancellor Patricia
Sullivan and NC A&T
Chancellor Edward
Forte had signed Knowledge
Based Economic
Development An
Affiliation
Agreement Between  North
Carolina
Agricultural and
Technical State
University and The
University of North
Carolina At
Greensboro calling
for Creation of a
Center and
Foundation
established as a
nonprofit
corporation. The
affiliation
agreement called NC
A&T and UNCG to  take
steps to facilitate
the creation of a
Foundation for
Knowledge Based
Economic Development
- established as
nonprofit
corporation - whose
purpose will be to
receive, hold, and
invest private
monies, royalties
and other non-public
grant proceeds which
maybe given to or
derived from the
research and
development
activities conducted
under Knowledge
Based Economic
Development. |
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Lease of Joint
Millennial Campus implemented
Affiliation
Agreement’s
nonprofit
corporation - whose
purpose will be to
receive, hold, and
invest private
monies, royalties
and other non-public
grant proceeds which
may be given to or
derived from the
research and
development
activities conducted
under agreement. |
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Millennium
campuses of the University of North Carolina at Greensboro and North
Carolina Agricultural and Technical State University. Property which
could not be leased without UNC Board of Governors establishing
Millennium campuses of the University of North Carolina at
Greensboro and North Carolina Agricultural and Technical State
University.
Banality
of Evil - Conceived in bigotry,
nourished on the twin fronts of
prejudice and injustice, UNC Board
of Governors Unvarnished
Systemic Institutional Racism and
Corruption: UNC Board of
Governors/UNC System Office de facto
designated millennial campus, aka,
NCA&T/UNCG Joint Millennial Campus &
Joint School of Nanoscience and
Nanoengineering UNC Greensboro
Nanoscience degrees; Hangman noose
found at JSNN *