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Black Triad News. Com
"News and Views of People of Color in the Triad and
Beyond" |
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No statutory NCGS: 116-198.34. (8b) NC A&T/ UNCG Joint Millennial
Campus was designated by UNC Board of Governors and Lawfully for
Lease to Gateway Research Park |
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Jehovah,
ultimate father to all and defender
of the disenfranchised, steps out of
the background into the foreground
on behalf of enslaved people in the
most powerful county at that time. |
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HBCU Stem Conference at NCA&T
Photo Courtesy NCA&T |
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In North Carolina In North Carolina
Agricultural And Technical State University, where
the student made the bricks to build the
building in which to be educated, the LORD established
a Land Grant University where the sons |
and daughters of former slaves
and slave owners, coal miners daughters and
sons, alleged trailer park trash, working
people, and the disenfranchised World Wide, can
potentially move pass their pass, working
together through shared experiences and
competition, potentially embracing the ideal
they don't have to kill each other, as they
prepare for their future in an education setting
accessing world wide education opportunities at
the highest
levels. NC
A&T working with others institutions shall
established joint academic programs with other
HBCUs expanding institutions offering jobs with
a future. People of Color world wide shall
opportunities other than sports and
entertainment. His
Plan. |
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"The
goal isn't to expand mankind's body
of knowledge so much as it is to
expand the local economy." [19] |
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| Rewinding to 1991-92, at bequest of UNC Board of Governors NC Legislature enacted NC GA § 116‑252. Piedmont Triad Graduate Engineering Program in support faculty and graduate students involved in engineering at the campuses of The University of North Carolina. In doing so UNC Board of Governors rejected a $20 Million dollar NCA&T/UNC-G Engineering and Science Research Center. |
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Reported
in the Media: " "but
that center
[Piedmont Triad
Engineering Research
Center] contains
no role for UNCG,
which had hoped
to get several
doctoral level
programs out of
a joint
engineering and
science research
center with
A&T", emphasis
added; "UNCG/A&T
proposal had won
the
enthusiastic
endorsement of
top Greensboro
business
leaders. Acting
through the Greensboro
Development
Corp.,
they last year
commissioned a
$300,000 study
to determine
what areas of
research at
UNCG/A&T center
could engage in to
the benefit of
the Triad
economy and its
industries"; and
I'm [banker
E.S. ``Jim''
Melvin, chairman
of the
Greensboro
Development Corp convinced
it [Research
Center] is the
thing to do, but
we've got to
work through the
university
system, build
the case for it
and get it high
on the board's priority
list. That's
going to take
some time.''
reported Jack
Scism TRIAD
SCIENTIFIC
RESEARCH CENTER:
VIABLE DREAM OR
PIE IN THE SKY?
, JACK SCISM,
Greensboro News
& Record -
Monday, July 20,
1992 . (emphasis
added) .
Their Plan |
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Reported in
the Media: Last
month, the
members [Greensboro
Area Chamber of
Commerce] came
up with a
recommendation:
a Knowledge
Campus, "
more commonly
known as a
research park.
this campus
would house N.C.
A&T's and
UNC-G's flagship
research
programs, like engineering
and
biotechnology"
There,
cutting-edge
research could
be spun off into
startup
businesses and
lure exiting
ones from other
parts of the
nation. Young
people would
flock to
Greensboro for a
shot at
high-paying,
high-tech jobs
with a real
future.
Emphasis added. Could
Greensboro
Support Research
Park? News &
Record
Oct.19.1997 Beth
McMurtrie. |
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| No statutory 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
as conduit diverting NCA&T
proposed university millennial campus |
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| 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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Board of Governors' 2023
document institutions with millennial
campus designations and the UNC System, does
not indicate a NCA&T/UNCG Joint
Millennial Campus (Gateway Research Park). |
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North Carolina A&T Millennial
Campus |
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HBCU
institution North
Carolina A&T, one of the state's two
land grant institutions, has
programs throughthe doctoral level.
Its programs include engineering,
arts and sciences, agricultural and
environmental sciences, business and
economics, education, nursing,
technology, and graduates studies. “
The expected roles of a land- grant institution,
is teaching agriculture and
engineering, and providing
cooperative extension services”. NC
A&T's 2001 amend University Master
Plan called for developing 75 acres
of land along East Lee Street
targeted to develop new
opportunities for both research and
education in both the private and
academic arenas between the
University's technology and
agricultural research and its
students, which didn't include
across-town historical white UNC
Greensboro and its affiliated
members of the Greensboro business
community. |
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In 2003-04, with the backbone of North
Carolina's industrial economy Tobacco,
Textiles, and Furniture
outsourced, in decline/recession or
outsourced with appropriations for
UNC-System taking an ever increasing
multi-billion dollar bite out of state's
coffers, North Carolina's Legislature thru
House Bill 1264 (HB 1264) direct UNC-BOG and
COMMUNITY COLLEGE SYSTEM to contract a
private consulting firm that had experience
in higher education to conduct a
comprehensive study (Staying
a step ahead) of the mission and
educational program needs to ensure that the
State's citizens are academically
prepared and equipped for current job
opportunities and jobs of the future in
North Carolina's growing knowledge economy. |
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Negotiation
began in 2002 and September 2004 NC A&T State
University celebrated the
sighing of Memorandum of Understanding with the
U.S. Department of Agriculture (USDA) with the
opening of the National Resources Conservation
Services Eastern Regional Technology Center
whose service area consisted of 24 states and
the Caribbean area. The Greensboro Center was
also home to the remote sensing
lab. The Memorandum of Understanding says A&T
has a working farm with modern facilities and
farm equipment. NRCS will benefit from the use
of this farm by being able to provide hands-on
training to NRCS employees. NRCS can sponsor
field studies that can serve as demonstrations
to both NRCS trainees and also local and
regional farmers. A
negotiated action under Solicitation 5NC0075
resulted 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. |
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Emerging from a
legislative mandated study HB
1264 , Staying
a Step Ahead, to ensure
the State's citizens are
academically prepared and
equipped for current job
opportunities and jobs of the
future in North Carolina's
growing knowledge |
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economy,
explicitly referred to research
clusters Public Health,
Biotechnology, Bio & Food
Sciences, Advanced Materials &
nanotechnology, Computational
Science & Engineering,
Leadership & Community
development, Information
Sciences & Technology,
Transportation & Logistics, and
Energy & Environment created by
HBCU NCA&T. |
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| Staying a Step
Ahead (HB 1264(7)(2003-04))
the Legislature mandated the Board of Governors
emphasized existing and new programs at Liberal Arts
Universities specifically aimed at meeting business,
industry, workforce, and career needs of North Carolina
in the State's changing and growing knowledge-based
economy, taking into account, as appropriate, State and
regional economic strategies. |
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Its [UNCG] historically strong
programs in music, education and nursing are not
the kinds of programs that spin off research and
development or software companies to fuel high
tech economies [Ken
Mayer, Editorial, UNCG, A&T University will need
to be leaders in the charge for high-tech
industry in the Triad, Triad Business Journal
Nov 9, 1998] ( Ken Mayer is former Chairman UNCG
BOT 2003-2004 & 2004-2005.
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The University of North Carolina at
Greensboro 2003-2004 Profile |
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| With the source of
enrollment growth being minorities as white enrollment
leveled off across the University of North Carolina,
Guilford Technical Community College experiencing record
enrollment, ECPI University and ITT Tech offering
addition technology based education in the Triad
education market place. What’s left on the plate for
Majority serving Liberal Arts UNCG with a potential
national and |
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| regional prominent HBCU NCA&T across
town? Would political astute
business organization affiliated UNC-G use political
connections to reposition Majority serving UNC-G in and
Minority serving NCA&T out? UNC-G 2003-08 formulated a
2003-08 academic plan to establish a joint Millennial
campus with NC A&T. |
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"Last year, the development corporation
proposed the idea of developing a UNCG/A&T Knowledge and
Industry Campus, perhaps in southeast Greensboro...This
would be the beginning of our version of N.C. State's
Centennial Campus." [Ken Mayer, Editorial, UNCG, A&T
University will need to be leaders in the charge for
high-tech industry in the Triad, Triad Business Journal
Nov 9,1998] Ken Mayer former Chairman UNCG BOT
2003-2004 & 2004-2005. |
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GS. 116-198 (8B) Article 21B. Acting on recommendation made by the
President of The University of North Carolina after consultation by
the President with the Chancellor
and the Board of Trustees of a constituent institution, to designate
real property held by, or to be acquired by, a constituent
institution as a Millennial Campus" of the institution. That
designation shall be based on an express finding by the Board of
Governors that the institution desiring to create a "Millennial
Campus" has the administrative and fiscal capability to create and
maintain such a campus and provided further, that the Board of
Governors has found that the creation of the constituent
institution's "Millennial Campus" will enhance the institutions
research, teaching, and service missions as well as enhance the
economic development of the region served by the institution. Upon
formal request by the constituent institutions, the Board of
Governors may authorize two or more constituent institutions which
meet the requirements of this sections t create a joint Millennial
Campus. Video |
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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. Which
did not include N.C. A&T land at 2900 East Lee Street Greensboro, NC
27401 |
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UNC
Board of Governors Committee for Budget and Finance July
2003 recommend Law 2003-284,Section 6.20 Transfer of Land
for the Millennium Campuses of UNC Greensboro and NC A&T
State University. |
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Published
as "the most plugged-in
attorney in North Carolina", northcarolina.edu minutes
alleged City
of Greensboro Lobbyist, Greensboro
Attorney Jim W. Phillips, Jr., Committee Budget and
Finance Chair |
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speaking before Board of Governors stated that the
Boards of Trustees at North Carolina A&T State
University and the University of North |
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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 |
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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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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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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 |
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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. |
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Request
for Proposals by Gateway University
Research Park for Construction The Joint
School of Nanoscience and
Nanoengineering- dated Sept. 1, 2004
Project Overview: The
JSNN will support established research
programs with faculty from the two
universities and will have its own
faculty lines as well. The
primary goal of the school is to be a
world leader in research, nano-related
education, and outreach. The JSNN
will promote Research goals, Education
goals, and Outreach goals. To meet these
goals, the JSNN will require
specialized, state-of-the-art industrial quality
research space. These will include
laboratories for life sciences,
engineering, materials science and other
spaces requiring tightly controlled
environments. |
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The constituent
university where the Project
will be constructed:
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Gateway University Research
Park, South Campus
2900 East Lee Street
Greensboro, NC 27401
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Note: In
2003 Gateway University Research Park
didn't exits. The Greensboro Center for
Innovative Development would change its
name in 2006 to Gateway University
Research Park, Inc. |
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Note: SACS-COC Policy
Statement: Separate
Accreditation for extended units of a
Member institution. For Units of a
Member Institution extended unit to be
eligible for accreditation as a separate
institution it must offer a degree
and separate from the main campus.
Procedure for an Extended Unit Seeking
Separate Accreditation (.1) Application
for Membership, including all
documentation required to demonstrate
compliance with Core Requirements
2.1- 2.11, [2.1 The institution has
degree-granting authority from the
appropriate government agency or
agencies. (Degree-granting Authority). |
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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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[The information in this article is for general
informational and context purposes only and does not,
and is not intended to, constitute legal advice.] |
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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. |
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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. |
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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 |
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| 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. |
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| 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. 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. |
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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. |
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| ACTION ITEM: lease Agreement
between the Greensboro Center for Innovative Development
and UNCG and NCA&T |
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| BACKGROUND INFORMATION |
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| In February 2003, the concept for a
*Joint 'Millennial Campus was presented to the UNC
Office of the President indicating the potential for
collaborative opportunities between UNCG and NCA&T.
Later that year, the Joint Millennial Campus was
introduced to the community. |
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| In September 2003, in order to create
an efficient vehicle to manage the UNCG/NCA&T Joint
Millennial Campus (JMC), a Separate 501(c)3
not-for-profit was established. The newly formed
organization is known as the Greensboro Center for
Innovative Development (GCID). The GCID is charged
with the management and development of the
properties that represent the JMC. |
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In September 2005, a Management
Services and Development Agreement
(MSDA) between the GCID and NCA&T and UNCG was approved
and executed by each party's respective board of
Trustees. The MSDA formally established a working
relationship between the two universities and the GCID
for future development- Section I.F. of the MSDA states,
"The Universities shall lease to GCID any or all
property denigrated as the JMC, subject to necessary
governmental approvals- Such leases shall be long term
leases for nominal consideration. emphasis added |
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In order to facilitate the GCID's
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. The lease document
is based on a model previously used by several UNC
campuses, including UNCG and NCA&T. This document has
also been reviewed by the Office of the President. |
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The purpose of this action is to
request approval from this Board to proceed with
a 50-year ground lease (and two successive 10 year
renewals) with the GCID on land owned by the Sate 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), on which the GCID
will develop, in concert with the universities, a
research park similar to the Centennial Campus at North
Carolina State University. |
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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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 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.
Unambiguous no
statutory NCGS:
116-198.34. (8b) NC A&T/ UNCG Joint
Millennial Campus was designated Oct.
2003. |
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UNCG did
not have property rights to Session
Law 2003-284, Section 6.20 property, nor NC A&T Farmland |
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The
General Assembly, Session Law 2003-284, Section 6.20,
reallocated former Central School of the Deaf from the
State property Office to UNC Board of Governors to be
used for the establishment of Millennium campuses (
campuses is plural ) of the University of North Carolina
at Greensboro and North Carolina Agricultural and
Technical State University. The Board of Governors is
authorized to designate as a Millennium Campus property
held or acquired by a constituent institution. Session
Law 2003-284, Section 6.20 property was reallocated to
the Board of Governors. Lacking
Board of Governor Designation of millennial
campus defined by NCGS 116-198.34 Session
Law 2003-284, Section 6.20, remained relocated to UNC
Board of Governors. Nor did UNC
Greensboro did not have property rights 75- acres of NC
A&T farmland to lease. |
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| § 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 1 acquire, construct,
and provide the same, and to maintain, repair, and 2
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 4 facilities.
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Lacking and designated NCA&T/UNCG joint
Millennial Campus, the Board of Governor lacked
authority pursuant GS 116-198.34 (1) 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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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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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. |
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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 |
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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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 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. Pursuant
bylaws 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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Erskine
Bowles UNC System Acquisition of Real
Property by lease P0-1,received from the
State Property Office, 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. video |
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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
indicate Greensboro Center for Innovative Development (
non-state agency) was complicit with UNC System PO1. |
|
| |
|
Property Lease of
Identified JMC portrayed as lease of NCGS:
116-198.34. (8b) designated Joint Millennial Campus |
| |
| § 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 1 acquire, construct,
and provide the same, and to maintain, repair, and 2
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 4 facilities.
|
 |
|
Lacking and designated NCA&T/UNCG joint
Millennial Campus, the Board of Governor lacked
authority pursuant GS 116-198.34 (1) 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. |
|
| |


Notwithstanding
Erskine Bowles General Administration
creation of Acquisition of Real Property
PO-1, dated March 13,
2006, 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.
|
|
| |
| UNC BOG Committee
on Budget and Finance document Lease of
Joint Millennial Campus – North
Carolina A&T State University and The
University of North Carolina at
Greensboro was considered by Budget and
Finance committee May 11, 2006. |
 |
| |
|
 |
| |
May
11, 2006 Meeting Minutes of the Board of
Governors Committee on Budget and Finance allege
Mr. Merrill presented information in support of
the agenda item Lease of Joint Millennial Campus
- North Carolina A&T State University and The
University of North Carolina at Greensboro.
Agenda Item says:
- In October 2003, the
Boards of Trustees of North Carolina A&T
State University and The University of North
Carolina at Greensboro requested, and the
Board of Governors approved, the designation
of the land (formerly the Central School for
the Deaf) reallocated to
the Board of Governors by the 2003 Session
of the General Assembly and a 75-acre parcel
of land currently comprising a portion of
the NCA&T State University Farm as a Joint
Millennial Campus.
- Now, the Boards of
Trustees of NCA&T and UNCG are requesting
permission to execute a ground lease of the
land and existing improvements for the Joint
Millennial Campus to the Greensboro Center
for Innovative Development,... that would
administer the educational, research, and
economic development mission off the Joint
Millennial Campus
|
| Allegedly Board member Peter
Hans was on Board of Governors Budget and
Finance Committee when Lease of Joint Millennial
Campus was approve by committee and by the full
Board of Governors chaired by Jim Phillips on
the Consent Agenda. Lease stated Now, the Boards
of Trustees of NCA&T and UNCG were requesting
permission to execute a ground lease of the land
and existing improvements for the Joint
Millennial Campus to the Greensboro Center for
Innovative Development, a jointly-controlled and
jointly-funded 501(c)(3) entity that would
administer the educational, research, and
economic development mission of the Joint
Millennial Campus.. |
|
| |
| 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 Campus land
and facilities to the Greensboro Center for
Innovative development, Inc.
|
|
| |
Replies
to public record
request for the
NCA&T Board of
Trustees request
to designate
NCA&T/UNCG Joint
Millennial
Campus
consisting of
former School of
the Deaf
property and
75-acre parcel
of NC A&T
farmland and for
permission to
execute a ground
lease of the
land and
existing
improvements
Joint Millennial
Campus 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 |
|
|
|
|
| |
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 (alleged ) Joint Millennial
campus of UNCG and NC A&T. |
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.";
extinguishing Lease
of Joint Millennial Campus - North Carolina
A&T State University and The University of
North Carolina at Greensboro May 2006 claim:
|
-
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,..
|
|
| |
 Unambiguous
no statutory 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. Lacking
Board of Governor Designation of millennial
campus defined by NCGS 116-198.34 Session
Law 2003-284, Section 6.20, remained
relocated to UNC Board of Governors. No
lawful GS
116-198.34 (1)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. |
|
| |
| 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. |
|
| |
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| |
|
UNC System/ State Property Office
Raleigh Two Step |
| |
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. |
|
| |
Public Record documents indicate UNC
Board of Governors/ UNC System
Office University's
Associate Vice President for Finance
and Property Officer 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. |
|
|
| |
Received from the State
Property Office, pursuant Public Record
Requests was UNC
System application
Acquisition of Real property
by lease (PO-1) dated March 13, 2006
for the purpose of establishing Joint
Millennial Campus for North Carolina A&T
State University (NCA&T) and the University
of North Carolina at Greensboro (UNCG).
|
 |
Purpose: To
establish Joint Millennial Campus for NC A&T
State University and the University of North
Carolina at Greensboro.
|
|
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. |
| |
|
PO-1 form section Complete if
Agency has a Governing Board., allege Action
recommending the above request was taken by
the Governing Board of NCA&T and UNCG and is
recorded in the minutes thereof on was
blank as well as the _(date) as well no
signature and title indicated. |
|
| |
|
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 |
|
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|
Go Figure |
| |
| 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, pursuant Public Record
Requests was UNC
System application
Acquisition of Real property
by lease (PO-1) dated March 13, 2006
for the purpose of establishing Joint
Millennial Campus for North Carolina A&T
State University (NCA&T) and the University
of North Carolina at Greensboro (UNCG).
|
|
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 Acquisition
of Real property by lease P0-1
document was received from the State
Property Office ("SPO") nor NCA&T/UNCG
Board of Trustee minutes indicating the
Board of Trustees for NCA&T/UNCG
recommended UNC
System Acquisition by
Lease to established proposed 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. |
|
| |
|
UNC System Acquisition of Real Property by lease
P01 dated March 13, 2006, and Lease
of Joint Millennial Campus -North Carolina A&T State
University and The University of North Carolina, May
2006, claims contradict
and extinguish each
other. |
| |
Unsigned and incomplete UNC
System Acquisition of Real Property by lease P0- 1
dated March 13, 2006 alleged 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. The requested action
recommending by Governing Board of NCA&T and UNCG was
blank. |
| |
| Received from the State
Property Office, pursuant Public Record
Requests document Lease of Joint
Millennial Campus -North Carolina A&T State
University and The University of North
Carolina, May 2006 . |
 |
| Lease of Joint
Millennial Campus, May 2006, 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, emphasis
added.
|
-
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
|
- The $1 lease would be
for the initial term of 50 years with
two, 10-year renewal options. Upon the
expiration of the lease, the land and
any improvements upon the land would
revert to the State. 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.
|
- 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.
|
|
| |
Lease of Joint
Millennial Campus -North Carolina A&T State
University and The University of North
Carolina, May 2006 , allege 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, emphasis
added.
|
|
Contradicting UNC System Office P0-1 alleged
purpose to 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. Board
of Governor approved Lease
of Joint Millennial Campus -North Carolina
A&T State University and The University of
North Carolina was to Greensboro Center for
Innovative Research, name changed Gateway
Research Park, not to UNC System. |
|
|
| 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. |
|
| |
 |
 |
|
 |
|
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 UNC System Millennial Campus to lease
Greensboro Center for Innovative Development
renamed Gateway Research Park, Inc. Pursuant
Public Record Request RR-00312 UNC System did
not identify a specific statue authorizing
system designation of millennial campus. |
|
|
|
Public Record documents indicate UNC Board of
Governors/ UNC System Office University's
Associate Vice President for Finance and Property
Officer 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. |
| |
| 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. |
| |
|
 |
|
 |
Disposition by Lease:
Lessor : State of
North Carolina
North Carolina Agricultural and
Technical State University and
University of North Carolina at
Greensboro
Lessee: Gateway
University Research Park
Area: Joint Millennial Campus,
Greensboro consisting of a North
Campus and a South Campus. |
|
| |
|
Lease
Ground lease Agreement between The State of
North Carolina (Lessor) and Greensboro
Center for Innovative Development (Lessee)
for Joint Millennial Campus Greensboro,
North Carolina. Land 1.1.3 The two separate
tracts or parcels of real estate,
denominated the North Campus and South
Campus and collectively comprising the"
Joint Millennial Campus", homonymic
terminology consistent Jim Phillips alleged
Oct. 2003 designated Joint Millennial Campus
obfuscated lease real estate wasn't
statutory (NCGS. § 116-198.34. (8b)
designated JMC but for an alleged Identified
Millennial Campus. |
| |
|
B. The
Lessor desires to lease the Land and
existing Improvements to the Lessee, and the
Lessee desires to rent the land and the
existing Improvements pursuant to the terms
contained within this Lease and to
secure financing for the construction on the
Land of certain additional Improvements to
be hereafter determined, designed and
constructed. Emphasis
added March 15, 2007 Lease Recitals: |
| |
| 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. |
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| 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. |
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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 |
| |
| 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). |
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§
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. |
|
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| 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. |
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|
No statutory NCGS: 116-198.34 (8b) NC A&T/ UNCG Joint
Millennial Campus was designated by UNC Board of
Governors |
| |
| Received pursuant Public
Request from State Property Office was
Greensboro Center for Innovative Development
timeline. |
|
 |
| Greensboro Center for
Innovative Development, alleged Joint Millennial
Campus, Development timeline, received from the
State Property Office, from Feb-03 to April-06
does not indicated designation of NC A&T/UNCG
Joint Millennial. link |
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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. |
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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."
|
| Master Plan for the South
Campus of the Greensboro Center for Innovative
Development, the Joint Millennial campus of UNCG
and NC A&T August 31,
2006, Action Item Background Information
contradict 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.
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. |
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Board of Governors' 2023
document institutions with millennial
campus designations and the UNC System, does
not indicate a NCA&T/UNCG Joint
Millennial Campus (Gateway Research Park). |
| |
| § 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 1 acquire, construct,
and provide the same, and to maintain, repair, and 2
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 4 facilities.
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Lacking and designated NCA&T/UNCG joint
Millennial Campus, the Board of Governor lacked
authority pursuant GS 116-198.34 (1) 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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Greensboro Center for Innovative Development Executive
Director John Merrill, UNCG
Counsel Skip
Capone, and
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 dated
March 16, 2007. |
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| [19] UNIVERSITIES TO SIGN RESEARCH Agreement,
Greensboro News &Record - Wednesday, May 19, 1999 ,
Author: TIM THORNTON Staff Writer |
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