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Black Triad News. Com
"News and Views of People of Color in the Triad and Beyond" |
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Sandy New lease for Millennial Campus at Greensboro |
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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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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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 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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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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| Feb. 2, 2006, Action
Item: Lease Agreement between the
Greensboro Center for Innovative Development
and UNCG and NC A&T, was considered by
UNCG Board of Trustees. Action
item background information timeline from
Feb. 2003 through Feb2, 2006 did not
indicate JMC designed by UNC BOG. |
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| Action Item background information
says, In September 2005, a Management Service and
Development Agreement (MSDA) between the GCID and NCA&T
and UNCG formally established a working relationship
between the two universities and the GCID for future
development. Section I.D. of the MSDA state, "The
Universities shall lease to GCID any or all property designated
as the JMC, emphasis added. In order to facilitate
the GCID 's ability to perform as manager/developer it
was determined by counsel for the universities and GCID
to pursue a master lease for the properties
identified as the JMC, unambiguous indicating no
JMC was designated. This documents has also been
reviewed by the Office of the President. Emphasis
added |
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NC A&T Board of Trustees Table Lease
Agreement between the Greensboro Center for
Innovative Development and UNCG and NC A&T |
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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 feet 21,461 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. |
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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 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 |
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has
been approved by NCA&T and UNCG
Board of Trustees.
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The
Bowles Administration May
2006, recommended
approval of UNC BOG document
Lease of Joint Millennial Campus
– North Carolina A&T State
University and The University of
North Carolina at Greensboro,
containing known false claim:
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- The Board
of Governors approved, the
designation of the land
(formerly the Central School
for the Deaf) reallocated to
the Board of Governors by
the 2003 Session of the
General Assembly and a
75-acre parcel of land
currently comprising a
portion of the NCA&T State
University Farm as a Joint
Millennial Campus,
- Now, the
Boards of Trustees of NCA&T
and UNCG are requesting
permission to execute a
ground lease of the land and
existing improvements for
the Joint Millennial Campus
to the Greensboro Center for
Innovative Development, a
jointly-controlled and
jointly-funded 501(c) (3)
entity that will administer
the educational, research,
and economic development
mission of the Joint
Millennial.
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| UNC BOG
Committee on Budget and Finance
document Lease of Joint Millennial
Campus – North Carolina A&T State
University and The University of
North Carolina at Greensboro was
considered by Budget and Finance
committee May 11, 2006. |
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May
11, 2006 Meeting Minutes of the Board of
Governors Committee on Budget and Finance
allege Mr. Merrill presented information in
support of the agenda item Lease of Joint
Millennial Campus - North Carolina A&T State
University and The University of North
Carolina at Greensboro. Agenda Item says:
- In October 2003, the
Boards of Trustees of North Carolina A&T
State University and The University of
North Carolina at Greensboro requested,
and the Board of Governors approved, the
designation of the land (formerly the
Central School for the Deaf) reallocated
to
the Board of Governors by the 2003
Session of the General Assembly and a
75-acre parcel of land currently
comprising a portion of the NCA&T State
University Farm as a Joint Millennial
Campus.
- Now, the Boards of
Trustees of NCA&T and UNCG are
requesting permission to execute a
ground lease of the land and existing
improvements for the Joint Millennial
Campus to the Greensboro Center for
Innovative Development,... that would
administer the educational, research,
and economic development mission off the
Joint Millennial Campus
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| Allegedly Board member
Peter Hans was on Board of Governors Budget
and Finance Committee when Lease of Joint
Millennial Campus was approve by committee
and by the full Board of Governors chaired
by Jim Phillips on the Consent Agenda. Lease
stated Now, the Boards of Trustees of NCA&T
and UNCG were requesting permission to
execute a ground lease of the land and
existing improvements for the Joint
Millennial Campus to the Greensboro Center
for Innovative Development, a
jointly-controlled and jointly-funded
501(c)(3) entity that would administer the
educational, research, and economic
development mission of the Joint Millennial
Campus.. |
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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;
- 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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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 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 |
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Unambiguous NC A&T
Board of Trustees had not Requested:
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- 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)
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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 |
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UNC-G August
31, 2006 Action
Item: Master Plan for the South Campus of
the Greensboro Center for Innovative
Development, the Joint Millennial campus of
UNCG and NC A&T |
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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 (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:
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-
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.
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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,..
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| The Board of Governors
May 12, 2006 pass Lease of Joint Millennial
Campus, NCA&T and UNCG on the consent
agenda. |
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UNC BOG document Lease of Joint Millennial
Campus – North Carolina A&T State University
and The University of North Carolina at
Greensboro was
approved by the Hanna Cage Committee on
Budget and Finance; forward to full UNC BOG
where it was approved on the consent agenda,
and forwarded to be processed by the State
Property Office. |
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UNC System/ State
Property Office Raleigh Two Step |
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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. |
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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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Mr. Terrance C. Feravich, P.E., UNC
University Property Officer document addressed to Joseph
H.  Henderson,
Director, State Property Office says Please find
attached property actions approved by the Board of
Governors at their May 12, 2006 meeting. Other
back-up materials including PO-1s and/or PO-2's are also
attached where appropriate. Please seek approval of
these actions by the Governor and Council of State and
the Joint Legislative Commission on Governmental
Operations if required.
Feravich document enclosures include
Lease of Joint Millennial Campus – North  Carolina
A&T State University and The University of North
Carolina at Greensboro ( May 2006) . Mr.
Terrance C. Feravich, P.E., University Property Officer
May 15, 2006 letter to Department of Administration
didn't included a Form PO-2 pertain
to DISPOSITION OF REAL PROPERTY by Lease for Lease of
Joint Millennial Campus – North Carolina A&T State
University and The University of North Carolina at
Greensboro. |
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Application
received from the State Property Office,
pursuant Public Record Requests was UNC
System 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).
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Purpose: To
establish Joint Millennial Campus for NC A&T State
University and the University of North Carolina at
Greensboro.
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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. |
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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. |
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I am aware this is a joint project of North Carolina
Agricultural & Technical State University and the
University of North Carolina at Greensboro..[26] |
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Received from the State Property Office,
Kevin Holland, Contracting Officer GSA July
3, 2006 letter to John Merrill.
Re: U.S. Department of Agriculture, natural Resources
Conservation Service (NRCS) Lease Project, Greensboro ,
NC
This correspondence correspondence to your June 30,
2006 inquiry concerning the status of this project as a
firm action that will move forward. As I have advised
on numerous occasions and want to reiterate, this
particular project is an endeavor which was approved by
the U.S. General Services Administration as a |
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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:
TerryWe can deal
with the new building under our existing
procedures. Let's not let the proposed lease
get in the way of that.
My view of the proposed lease is that the
General Assembly limited the millennial
campuses to space leases not exceeding ten
years. I was present at the committee
meetings and have an understanding of the
concerns at that time and why the ten year
limit was imposed and the Council of State
was kept in the process. I can't support an
action (this lease) that circumvents the
general assembly's intent. There are number
of ways to provide for the effective
administration of this campus other that the
proposed lease. Emphasis added. |
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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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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. |
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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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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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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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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. |
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Sandy New lease for
Millennial Campus at Greensboro |
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| 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. |
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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. |
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| Prior
to Council of State
approval of Lease
of allege NC A&T /
UNCG Joint
Millennial Campus,
to Greensboro Center
for Innovative
Development. GCID
Executive Director
John Merrill Oct. 2006
sign lease for space
for USDA facility on
NC A&T farm at yet
to be built
facility Research
Facility One, One
Technology Drive,
Greensboro, NC, . |
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By the
way what is the schedule for GCID to
execute the USDA Lease? Does that
sublease also need to e on the November
Council of State agenda or can we wait
until the December meeting. |
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 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. |
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 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? |
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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). |
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John Merrill
email dated Oct. 23, 2006 to
Joseph Henderson Subject:
Re: Follow Up. Regarding
the USDA. Stated "Assuming
we have the Ground Lease
issues resolved by mid to
late November, the USDA deal
is sublease for space only."
Statements indicate 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. |
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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 |
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| Lease Award
document addressed to Mr. John
Merrill Greensboro Center for
Innovative Development reflecting
acceptance of the Greensboro Center
for Innovation Development lease
offer for the USDA National Resource
conservation Service. Lease term was
the period beginning on or about
November 1, 2007 and ending Oct 31,
2017 (10 years) , email to SPO Dir.
Joseph Henderson. |
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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:
TerryWe can
deal with the new building under our
existing procedures. Let's not let
the proposed lease get in the way of
that.
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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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| 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 |
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The Board may
exercise any one
or more of the
following
powers: |
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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. |
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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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No statuary NCGS: 116-198.34 (8b) NC A&T/ UNCG Joint
Millennial Campus was designated by UNC Board of
Governors |
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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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UNC-G August
31, 2006 Action Item:
Master Plan for the South Campus of the Greensboro
Center for Innovative Development, the Joint
Millennial campus of UNCG and NC A&T
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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."
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| UNCG August 31, 2006 Action Item:
Master Plan for the South Campus of the Greensboro
Center for Innovative Development, the Joint
Millennial campus of UNCG and NC A&T clearly
associated UNC Board of Governors un-law ground
lease of Identified Joint Millennial Campus as
alleged NCGS:
116-198.34. (8b) NC A&T/ UNCG Joint
Millennial Campus. |
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| UNC-G August 31, 2006 Action
Item: Master Plan for the South Campus of the
Greensboro Center for Innovative Development, the
Joint Millennial campus of UNCG and NC A&T
Recommended by John Merrill Background Information
says " In January 2006, a ground Lease was approved
and recommended for approval by the Board of
Governors.. .of the properties identified as the
JMC." GCID Executive Director knew or should have
known ground lease was for property identified as
the JMC. |
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Sandy New lease for Millennial Campus at Greensboro |
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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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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. |
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| 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. |
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No statuary NCGS: 116-198.34 (8b) NC A&T/
UNCG Joint Millennial Campus was designated by
UNC Board of Governors |
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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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| Complex Name UNC-GA Gateway
University Research Park |
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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. |
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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:
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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.
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Sandy New lease for Millennial Campus at Greensboro,
a derivate lease of
"agreement
with GCID has already been executed". was non-compliant
with
NCGS § 146-28,
G.S.
143-341 and Chapter 146 of the General Statutes. |
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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. |
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