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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. |
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ANNUAL REPORT indicated
Actions taken under the delegated
authority would be reported at the next
scheduled meetings. UNC System did not
report acquiring 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. |
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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. |
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  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. |
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 NCA&T
Solicitation 5NC0075 to locate the USDA
Natural Resources Conversation Service's
East National Technical Center and East
Remote Sensing Laboratory on the North
Carolina A&T State University Millennium
Campus was redirected Greensboro Center for
Innovative Development pursuant bogus Joint
Millennial Campus.
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| This memorandum of
understanding (MOU) is between the United
States Department of Agriculture’s Natural
resources Conservation Services, herein
after referred to as the NRCS, and the North
Carolina A&T State University, herein
referred to as A&T. NRCS A-3A75-4-22
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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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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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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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| 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 |
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School for the Deaf and a similar size parcel adjacent to the NC A&T farm property). We have completed the "draft" and it has been accepted by Greensboro Center for Innovative Development (GCID) Board of Directors( January 31,  2006) and the UNCG Board of Trustees (February 2, 2006). We present it to the NCA&T Board of Trustees on February 15, 2006 and we are confident it will be approved. Upon approval, it will go to the UNC Board of Governors for their approval and then it will formally come to the State Property Office for review. " "I wanted to get a copy to you in advance for your convenience...attached is that copy." "Please note the document was crafted with counsel for both universities (Skip Capone and Camile Kluttz-Leach), the GCID (Lee Lloyd and Bo Rodenbough), and the UNC System (Leslie Winner and Rob Nelson..." (emphasis added) [SPO -PRR] John R. Merrill Feb 10, 2006 email to Tommy Cline Subject Ground Lease - UNCG/NC A&T Joint Millennial Campus. |
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Draft
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
Chancellor
Sullivan
and
Renick
Sept.
24, 2006
proposed
Joint
Millennial
Campus
and
Board of
Governors
alleged
Oct. 10,
2003
designated
JMC
obfuscated
lease
real
estate
wasn't
statutory
(NC. GS.
§
116-198.34.(8b)
designated
JMC. |
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Leasing agent with
the State Property
Office Pan
Strickland contacted
GCID Executive
Director John
Merrill in regards
to lease forwarded
to (Attorney General
Office) Tommy Cline
via email March 01,
2006. |
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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 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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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. |
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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 |
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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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Property Lease of Identified JMC,
portrayed as lease of NCGS:
116-198.34. (8b) designated Joint
Millennial Campus
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Notwithstanding Board of Trustees of
the University of North Carolina
Feb. 2, 2006 approved Lease
Agreement between the GCID and UNCG
and NCA&T for property Identified as
the Joint Millennial Campus, ( land
owned by the State of North Carolina
at the former Central North Carolina
School for the Deaf and 75 acres
adjacent the the NCA&T farm) by
University councils and the GCID,
and recommended to UNC Board of |
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Governors, claimed this document has
also been reviewed by the Office of
the President [ Erskine Bowles
office]; Erskine Bowles General
Administration created of
Acquisition of Real Property PO-1,
dated March 13, 2006, for the
purpose to establish Joint
Millennial Campus for NCA&T and
UNCG. Two parcels: Approximately 75
acres of property located adjacent
to the NCA&T Farm and located on
Lees Street, Approximately 75 acres
of property and facilities formerly
know as the Central North Carolina
School for the Deaf, 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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| 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: |
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Consultations and
recommendations
establishing the Joint
Millennial Campus;
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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.
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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
process. |
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Received from the
State Property
Office, Kevin
Holland, Contracting
Officer GSA July
3, 2006 letter
to John Merrill.
I am aware this is a
joint project of
North Carolina
Agricultural &
Technical State
University and the
University of North
Carolina at
Greensboro..[26]
Re: U.S.
Department of
Agriculture, natural
Resources
Conservation Service
(NRCS) Lease
Project, Greensboro
, NC
This
correspondence
correspondence to
your June 30, 2006
inquiry concerning
the status of this
project as a firm
action that will
move forward. As I
have advised on
numerous occasions
and want to
reiterate, this
particular project
is an endeavor which
was approved by the
U.S. General
Services
Administration as a |
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sole-source"
procurement based
upon the unique
requirements
provided by the
NRCS...As such, we
have been working
and are committed to
diligently pursing
satisfaction of NRCS
need for space
to be located on the
campus of North
Carolina
Agricultural &
Technical State
University through
a negotiated lease
procurement. As
I am aware this is a
joint project of North
Carolina
Agricultural &
Technical State
University
and the University
of North Carolina
at Greensboro.
Emphasis added |
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Bridgette L. Chase,
Jones Lang LaSalle
Americas, August
8, 2006 Email
to Mr. John R.
Merrill, Executive
Director GCID
indicated. This
letter is in regards
to SFO #5NC0075 for
the USDA Natural
Resources
Conservation Service
in Greensboro, North
Carolina. Please
carefully review
your proposal for
the project located
at the North
Carolina A&T
University Campus,
Greensboro, North
Carolina and submit
your best and Final
Offer (BAFO) no
later than close of
business on August
15, 2006. Emphasis
added. |
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August 14, 2006
Terrance Feravich
email to Joe
Henderson, John
Webb, CC Robert
Nelson; John
Merrill: I was
hoping that we might
have an opportunity
to sit and
walk through any
hurdles that you see
in proposed lease
between NCA&T/UNCG
joint Millennial
Campus and GCID.
Talking with John of
Friday. I've
learned that he has
gained a significant
commitment from the
USDA for up to a
50,000 sq. ft. new
building. While
they understand that
we are working hard
at getting things
properly set-up for
all parties and are
being patient, my
sense is that it
would be in the best
interest of this new
venture to get that
first client off to
a healthy and timely
start. I'll be in
Raleigh Wednesday
for a couple of
meetings ... and
would welcome the
opportunity to work
the issues that you
are see in the
lease. I know that
John Merrill is also
pretty flexible this
week is well. Sorry
to be a bit of a
pest with this
important issue and
I appreciate your
understanding. |
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Original
Message
from
Terrance
Feravich
to john
web
cc
Robert
nelson: John
R.
Merrill sent
August
14, 2005
Joseph
Henderson
wrote:
Terry
We can
deal
with the
new
building
under
our
existing
procedures.
Let's
not let
the
proposed
lease
get in
the way
of that.
My
view of
the
proposed
lease is
that the
General
Assembly
limited
the
millennial
campuses
to space
leases
not
exceeding
ten
years. I
was
present
at the
committee
meetings
and have
an
understanding
of the
concerns
at that
time and
why the
ten year
limit
was
imposed
and the
Council
of State
was kept
in the
process.
I can't
support
an
action
(this
lease)
that
circumvents
the
general
assembly's
intent.
There
are
number
of ways
to
provide
for the
effective
administration
of this
campus
other
that the
proposed
lease.
Emphasis
added. |
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| From Joseph Henderson to Terrance Feravich, CC: John Webb Thursday, August 17, 2006 Subject: NCA&T-UNCG Joint Millennial Camus (email) Terry:
I have now read the agreement, lease, background info put out by GCID. GCID articles of incorporation and bylaws, and reviewed the pertinent general statues. It appears to me that A&T and UNCG set out on a course that was from the beginning contrary to the current statues governing millennial campuses. |
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| Clearly, background info on GCID, the articles and bylaws, anticipate GCID taking title to the land and buildings and managing the real property of the campus. Yet, Chapter 116, Article 21B, contemplates the handling of real property pursuant to Chapter 146 except for the limited a case of disposition by lease of space (only) not exceed a term of ten years. |
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| A transfer of the real property to GCID (by leaser or otherwise) would remove the Department of Administration, Joint Legislative Commission on Governmental Operations and Governor and Council of State from any oversight of the real property transactions. While we may have the latitude to do it (the lease), I am certain uncomfortable with the concept which I believe circumvents the Legislative intent. |
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| The formation of and purpose of the GCID raises other questions. As a creation of the two campuses, are its meetings open to the public and are its records subject to the public records law? should they be? What was intent of the two trustee boards and what is the desire of the Board of Governors? |
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| 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. |
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| 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. |
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| In the interim, we will work with...and the campus to efficiently handle all contemplated real estate transactions. Emphasis added |
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Letter
dated Aug. 16,
2006 from Joseph
H. Henderson,
Director NC
Department of
Administration to
State Budget Officer
David McCoy
soliciting input
pertaining to Lease
stated UNC-General
Administration is
pressing to move
forward with the
50-year lease (the
agreement with GCID
has already been
executed)." |
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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. |
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Lease of Joint
Millennial Campus
(May 2006) – North
Carolina A&T State
University and The
University of North
Carolina at
Greensboro: Lease of
the lease of the
land will be
accomplished within
the guidelines,
procedures, and
policies of the
North Carolina
Department of
Administration and
must be approved by
the Council of
State. |
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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. |
| |
|
Letter
dated Aug. 16,
2006 from Joseph
H. Henderson,
Director NC
Department of
Administration to
State Budget Officer
David McCoy
soliciting input
pertaining to Lease
stated UNC-General
Administration is
pressing to move
forward with the
50-year lease (the
agreement with GCID
has already been
executed)." |
|
|
Pursuant UNC Policy
600.1.4 (4.) and
NCGS § 146-28
application
Form PO-2
Lease for Lease of
Joint Millennial
Campus – North
Carolina A&T State
University and The
University of North
Carolina at
Greensboro, was not
submitted to the
State property
Office. Agreement
with GCID was
not accomplished
within the
guidelines,
procedures, and
policies of the
North Carolina
Department of
Administration and
approved by the
Council of State. |
|
| |
|
 |
|
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). 2023
document indicate
UNC System
Millennial Campus in
2003 and 2022. |
|
| |
|
|
|
|
|
Sandy New lease for
Millennial Campus at Greensboro |
|
Letter
dated Aug. 16, 2006 from
Joseph H. Henderson, Director NC
Department of Administration to
State Budget Officer David McCoy
soliciting input pertaining to Lease
stated UNC-General Administration is
pressing to move forward with the
50-year lease (the agreement with
GCID has already been executed)." |
|
|
Pursuant UNC Policy
600.1.4 (4.) and NCGS § 146-28
application Form PO-2
Lease for Lease of Joint Millennial
Campus – North Carolina A&T State
University and The University of
North Carolina at Greensboro, was
not submitted to the State property
Office. Agreement
with GCID was
not accomplished
within the guidelines, procedures,
and policies of the North Carolina
Department of Administration and
approved by the Council of State. |
|
| |
|
 |
| Lease Award document
addressed to Mr. John
Merrill Greensboro
Center for Innovative
Development, re-name
Gateway Research Park,
indicated Enclosed are
copies of the SF-2,
Lease for Real Property
for Contract
GS-04B-46101 which were
prepared and reflect
acceptance of the
Greensboro Center for
Innovation Development
revised and corrected
offer date August 15,
2006 to lease
approximately 24,732
rentable square feet
....to be located at the
Research Facility One,
One Technology Drive,
Greensboro, NC and as
further identified in your
offer for the USDA
National Resource
conservation Service. As
previously advised, the
lease term will be for
the period beginning on
or about November 1,
2007 and ending Oct 31,
2017 (10 years). Mr.
Kevin C. Holland,
contracting Officer,
General Services
Administration..
Emphasis added. |
|
 |
| Please
return all signed lease copies
and requested submittals within
5 working days of receipt to
General Service Administration,
c/o Mr. Kevin Holland,...
Note lease Award was dated Oct.
13, 2006. |
|
| |
 |
|
John Merrill
email to Joseph Henderson dated
Oct. 19,2006 says Hi Joe, First
I you know that we have received
the leave award from the USD,
space at the South Campus. I
have attached a copy of the
lease. |
| |
| " Please
return all signed lease copies
and requested submittals within
5 working days of receipt to
General Service Administration,
c/o Mr. Kevin Holland,"...
requirement implicate GCID
signed space lease with General
Service Administration around
Oct. 19, 2006. (Note lease Award
was dated Oct. 13, 2006 .) |
|
| |
|
By the way what is the schedule
for GCID to execute the USDA
Lease? Does that sublease also
need to be on the November
Council of State agenda or can
we wait until the December
meeting. |
|
 Joseph
Henderson email
subject: Re;
Follow-up, dated
Oct. 20, 2006 to
John Merrill asked:
By the way, what is
the schedule for
GCID to execute the
USDA Lease? Does
that sublease also
need to be on the
November Council of
State agenda or can
we wait until the
December meeting. |
|
| |
|
 John
Merrill email dated Oct. 23,
2006 to Joseph Henderson
Subject: Re: Follow Up.
Regarding the USDA. Assuming we
have the Ground Lease issues
resolved by mid to late
November, the USDA deal is
sublease for space only. The
GCID would be construction the
facility (using non-state funds)
and would lease a portion of the
facility to the USDA for a 5
year "firm" term w/ a 5 year
stated option. So the entire
lease would be 10 years or less,
which I understood did not
require COS approval. is that
not the case? |
| |
 |
Joseph Henderson
email dated Oct. 23,
2006 to John
Merrill, Subject RE.
Follow up said,
John you are
correct! For some
reason I though the
USDA Lease was a 20
year deal (5 year
firm).
|
|
Joseph Henderson
email dated Oct. 23,
2006 to John
Merrill, Subject RE:
Follow up said, John
you are correct! For
some reason I though
the USDA Lease was a
20 year deal (5 year
firm). |
| |
 Statements
Ground Lease
agreement between NC
A&T/UNCG and GCID
was not resolved,
yet GCID signed
sublease with the
USDA for space in
facility to be
constructed on the
pending leased
property. Unambiguous
GCID Executive
Director John
Merrill USDA
sublease was not
pursuant lease of
land accomplished
within the
guidelines,
procedures, and
policies of the
North Carolina
Department of
Administration and approved
by the Council of
State. |
|
|
|
| |
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
|
|
|
John Merrill email dated Oct.
23, 2006 to Joseph Henderson Subject: Re:
Follow Up. Regarding the USDA. Assuming we
have the Ground Lease issues resolved by mid
to late November, the USDA deal is sublease
for space only. The GCID would be
construction the facility (using non-state
funds) and would lease a portion of the
facility to the USDA for a 5 year "firm"
term w/ a 5 year stated option. So the
entire lease would be 10 years or less,
which I understood did not require COS
approval. is that not the case?
Joseph Henderson email
dated Oct. 23, 2006 to John Merrill, Subject
RE: Follow up said, John you are correct!
For some reason I though the USDA Lease was
a 20 year deal (5 year firm). |
| |
Original Message from
Terrance Feravich to
John Web
cc Robert nelson: John
R. Merrill sent
August 14, 2005
Joseph Henderson wrote:
Terry
We can
deal with the new
building under our
existing procedures.
Let's not let the
proposed lease get in
the way of that.
|
|
|
My view of the
proposed lease is that the General
Assembly limited the millennial
campuses to space leases not
exceeding ten years. I
was present at the committee
meetings and have an understanding
of the concerns at that time and why
the ten year limit was imposed and
the Council of State was kept in the
process. I can't support an action
(this lease) that circumvents the
general assembly's intent. There are
number of ways to provide for the
effective administration of this
campus other that the proposed
lease. Emphasis added. |
| |
| Lucien
Capone [UNCG attorney] email
dated 09.07/2006 to Don
teeter NC Dept. of Justice,
Subject Joint Millennial
Campus ground lease : Item
(2) The statute proving an
exception from Governors and
Council of State approval
for space leases of 10 years
or less is G.S.
116-198.34(5). |
|
 |
| |
|
 |
| |
|
§
116-198.34.
General
powers
of
Board
of
Governors |
|
|
|
The
Board
may
exercise
any
one
or
more
of
the
following
powers: |
|
To
acquire,
hold,
lease,
and
dispose
of
real
and
personal
property
in
the
exercise
of
its
powers
and
the
performance
of
its
duties
hereunder
and
to
lease
all
or
any
part
of
any
project
or
projects
and
any
existing
facilities
upon
such
terms
and
conditions
as
the
Board
determines,
subject
to
the
provisions
of
G.S.
143-341
and
Chapter
146
of
the
General
Statutes. |
|
|
|
Notwithstanding
G.S.
143-341
and
Chapter
146
of
the
General
Statutes,
a
disposition
by
easement,
lease,
or
rental
agreement
of
space
in
any
building
on
the
Centennial
Campus,
on
the
Horace
Williams
Campus,
or on
a
Millennial
Campus
made
for
a
period
of
10
years
or
less
shall
not
require
the
approval
of
the
Governor
and
the
Council
of
State. All
other
acquisitions
and
dispositions
made
under
this
subdivision
are
subject
to
the
provisions
of
G.S.
143-341
and
Chapter
146
of
the
General
Statutes.
Emphasis
added. |
|
|
|
|
|
| |
John Merrill, Joseph
Henderson, and Lucien Capone [UNCG attorney]
knew or should have know no statutory NCGS:
116-198.34 (8b) NC A&T/ UNCG Joint
Millennial Campus was designated by UNC
Board of Governors therefore
G.S. 116-198.34(5) exemption did not apply
to USDA sublease.
|
 |
|
 |
|
The State Property Office received Greensboro
Center for Innovative Development,
Inc. timeline which indicated no JMC
was designated Oct. 2003 etc.,
Erskine Bowles Administration PO-1
dated March 16, 2006 Acquisition by
Leases for the purpose of
establishing a NC A&T/UNCG Joint
Millennial Campus, and UNC
Greensboro Board of Trustee
February 2, 2006 Action Item: Lease
Agreement between the Greensboro
Center for Innovative Development
and UNCG and NC A&T for property
identified as the Joint Millennial
Campus. |
|
| |
|
Received from the State Property Office,
pursuant Public Record Requests document, 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.
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. |
|
|
| BACKGROUND
INFORMATION |
| |
- 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 designated as the
JMC, subject to necessary
governmental approvals- Such leases
shall be long term leases for
nominal consideration. emphasis
added
|
| |
- 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.
|
|
| |
| Action stated: 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. |
| |
 |
| Lease Agreement
between the Greensboro Center for
Innovative Development and UNCG and NC
A&T was recommended, to The Board of
Trustees of The University of North
Carolina at Greensboro and recommended
approval to the Board of Governors,
recommended by Phillip H. Richman Vice
Chancellor for Business Affairs and John
R. Merrill Executive Director,
Greensboro Center for Innovative
Development. Emphasis added. |
|
| |
|
|
 |
|
Feb. 2, 2006, full Board minutes claim, the
Board of Trustees of The University of North Carolina at
Greensboro approve the Lease Agreement between the
Greensboro Center for Innovative Development and UNCG
and NCA&T and recommend approval to the Board of
Governors (February 2, 2006). |
| |
|
Feb. 2, 2006, Action
Item: Lease
Agreement between the Greensboro Center for Innovative
Development and UNCG and NC A&T
for the properties identified
as the JMC unambiguous establish no millennial property
were designated. |
|
| |
|
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 |
| |
| Email from John
R. Merrill to Terrance Feravich
(UNC-GA) Subject Ground Lease
stated: "Following up on the ground
lease issue for the GCID. I have
downloaded the PO1 from the state
property office and I need to
connect with the attorney's for the
universities to complete the
document (at least to the best of
our ability). I realize we're under
the gun to get this on the April
agenda but what's my deadline.? |
 |
| Email from John
R. Merrill to Terrance Feravich
(UNC-GA) Subject Ground Lease
indicate Greensboro Center for
Innovative Development ( non-state
agency) was complicit with UNC
System PO1. |
|
| |
  Unambiguous
no
statuary NCGS:
116-198.34. (8b) NC A&T/
UNCG Joint
Millennial Campus was designated by
the Board of Governor 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.
|
|
|
Sandy New lease for
Millennial Campus at Greensboro,"agreement
with GCID has already been executed"
sublease (we
have received the leave award from the USD)
was non-compliant with NCGS § 146-28, G.S.
143-341 and Chapter 146 of the General
Statutes. |
| |
Greensboro Center for Innovative Development
Executive Director John Merrill and The
State Property office knew or should have
known no statuary NCGS:
116-198.34. (8b) NC A&T/
UNCG Joint
Millennial Campus was designated Oct.  2003
enabling Greensboro Center for Innovative
Development, Inc.
to administer the educational,
research, and economic development mission
of a Joint Millennial Campus. No
lawful leased was executed by Board of
Governors to the Greensboro Center
for Innovative Development, Inc. for
NCA&T/UNCG JMC for Session Law 2003-284,
Section 6.20, land and facilities and
75-acre parcel of NC A&T Farmland. G.S.
116-198.34(5) exemptions did not apply to
GCID Lease with USDA, as
well as any Lease
of Joint Millennial Campus -North Carolina
A&T State University and The University of
North Carolina. |
|
| |
 |
| |
| Joseph
Henderson email to John Merrill
Subject: Re: Follow-up says,
Thanks for the info. The Council
of State agenda item is simply a
summary of the proposed
transaction, not a review or
approval of documents. We may
not have the lease redrafted by
the meeting, but we'll certainly
include you Skip, etc. in the
process. We'll start with the
lease that skip drafted and have
the A.G/'s Office redraft as
necessary. Then we'' all review
it and discuss those changes and
any others that come out of the
review. We can probably do most
of the redrafting by
email, but we'll sit down and
meet as necessary. |
|
|
| |
|
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
, plain language, 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, Land
Lease 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. |
|
 |
|
 |
|
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. |
|
|
|
| |
|
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). |
|
|
| |
|
|
| |
|
§
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. |
|
|
|
|
| |
| 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. |
|
| |
|
No statutory NCGS: 116-198.34 (8b) NC A&T/
UNCG Joint Millennial Campus was designated
by UNC Board of Governors |
| |
 Received
pursuant Public Record request from NC A&T
for documents supporting Public Private
Partnership with Gateway Research Park; An
approved Joint Millennial Campus by the UNC
Board of Governors in 2003, and Gateway
Research Park, Inc. provide operation
oversight and owns the assets. NC A&T reply produced
Board of Governor document Joint
Millennial Campus - North Carolina A&T
State University and
the University of North Carolina
at Greensboro (2003) which says the
University of North Carolina at Greensboro
requested that the land formerly designated
for the Central School for the Deaf and
allocated to the Board of Governors by the
2003 Session of the General Assembly and a
75 - acre parcel of land currently
comprising a portion of the North Carolina
A&T State University Farm be designated as a
Joint Millennial Campus, alleged Oct. 2003
BOG Minutes approving
alleged Millennial Campus. Video |
| |
| 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 from Feb-03 to April-06
does not indicated designation of NC
A&T/UNCG Joint Millennial Oct. 2003
or at all. link |
|
| |
|
|
|
|
|
|
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. |
|
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 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. August 31, 2006 Action Item say, in
January 2006, a Ground lease was approved and recommended
for approval by the Board of Governors for the university
properties identified as the JMC, and reviewed by the
Office of the President. |
| |
| 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. |
| |
|
|
| |
| § 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. |
|
|
| |
|
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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| In Letter dated November
7, 2006 Joseph Henderson, Director
State Property Office stated " This is to
advice you that the Council of state, at
it's meeting held on the above date,
approved the attached item. This matter will
be referred to the Attorney General's Office
at the appropriate time for preparation of
documents. In the meantime, if you have any
questions regarding this transaction, please
contact Pam Strickland of this office.
Director Henderson letter was addressed to
James Griffin NC A&T State University and
Helen Ward UNC-Greensboro and copied to Don
Teeter and John Merrill. |
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| File No. 41-AAA Attachment was
Disposition by Lease. The
State Property Office concurred with Disposition
by Lease
for Area Joint Millennial Campus to
Greensboro to Greensboro Center for
Innovative Development, Inc., inclusive of
the known fraudulent statement: “The
General Assembly and the Board of Governors
of the University of North Carolina designated this
property to be developed as a Joint
Millennial Campus of NC A&T State
University and UNC at Greensboro”. |
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John Merrill email Eastern
Guilford High School and Joint Millennial
Campus Ground Lease dated 16 Nov. 2006 to
Joseph Henderson :THANKS so much for your
support of GURP and for your tremendous
presentation on our behalf at last week's
meeting of the Council of State"! |
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Board of Governors' 2023
document institutions with millennial
campus designations and the UNC System, do
not indicate NCA&T/UNCG Joint
Millennial Campus (Gateway Research Park).
2023 document indicate UNC System
millennial campus 2003 and 2020. |
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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.
Session Law 2003-284, Section 6.20 property was
reallocated to the Board of Governors. Lacking
Board of Governor designation of 
