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06.06.26

Grand Theft & Receiving Property under false Pretense ?
Greensboro Center for Innovative Development renamed  Gateway Research Park, Inc., owns assets of  JMC
 

History and Background: A&T and UNCG Joint Millennial Campus (JMC) approved by UNC BOG on October 10, 2003; Gateway Research Park, Inc. provides operational oversight and owns the assets of the JMC; Two Campuses-Gateway North and Gateway South; 150 total Acres. Image NC A&T Board Media
 

The Joint School of Nanoscience and Nanoengineering will be a unique, interdisciplinary school, located at the South Campus of the Gateway University Research Park, the Joint Millennial campus of the NC A&T and UNCG. [5]
 
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.  Back ground says:
  • In September 2003, in order to create an efficient vehicle to manage the UNCG/NCA&T Joint Millennial Campus (JMC), a Separate 501(c)3 not-for-profit was established.  The newly formed organization is known as the Greensboro Center for Innovative  Development (GCID). The GCID (allegedly) is charged with the management and development of  the properties that represent the JMC.
  • 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
This tract of land is part of the Seventy Five acres we carved out for Gateway University Research Park." said Chancellor Martin before the Special Committee of the Board of Trustees to evaluate the Florida Street Extension April 5, 2013.  Video 
Replies to public record request for the NCA&T  Board of Trustees request to the Board of Governors 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
 

 

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.

Unambiguous NC A&T Board of Trustees had not Requested:
 
  • that the land formerly designated for the Central School for the Deaf allocated to the Board of Governors by the 2003 Session of the General Assembly and a 75- acre parcel of land currently comprising a portion of the North Carolina A&T State University Farm be designated as a joint millennial campus - Designation of Millennial Campuses – North Carolina A&T State University and The University of North Carolina at Greensboro (APPENDIX G) ;
The Brown skins maybe getting paid to advocate: Gateway NC A&T & UNCG Gateway Board Members are selected by universities chancellors, which include chancellors, members of their administration, and selected Board members - who may not recluses themselves as required from votes pertaining to Gateway and alleged Joint School of Nanoscience and Engineering.
 

NC A&T BOT Retreat 2023 Robert Pompey, VC, Business and Finance:  Gateway Research Park, Inc.  Video 1  Video 2
Joint Millennial Campus was designated in 2003, Building Funded via State Appropriations and asset of the Gateway Research Park.  Video

What is a Millennial Campus?

GS. 116-198 (8B) Article 21B. Acting on recommendation made by the President of The University of North Carolina after consultation by the President with the Chancellor and the Board of Trustees of a constituent institution, to designate real property  held by, or to be acquired by, a constituent institution as a Millennial Campus" of the institution. That designation shall be based on an express finding by the Board of  Governors that the institution desiring to create a "Millennial Campus" has the administrative and fiscal capability to create and maintain such a campus and provided further, that the Board of Governors has found that the creation of the constituent institution's "Millennial Campus" will enhance the institutions research, teaching, and service missions as well as enhance the economic development of the region served by the institution. Upon formal request by the constituent institutions, the Board of Governors may authorize two or more constituent institutions which meet the requirements of this sections t create a joint Millennial Campus.
 
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 
Video Video Lease
speaking before Board of Governors stated that the Boards of Trustees at North Carolina A&T State University and 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 approved Oct. 10, 2003, at Appalachian State.
This tract of land is part of the Seventy Five acres we carved out for Gateway University Research Park." said Chancellor Martin before the Special Committee of the Board of Trustees to evaluate the Florida Street Extension April 5, 2013.  Video 
 
Property Lease of Identified JMC,  portrayed as lease of  NCGS: 116-198.34. (8b) designated Joint Millennial Campus 
 
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

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.
 
The Bowles Administration May 2006, recommended approval of UNC BOG  document Lease of Joint Millennial Campus – North Carolina  A&T State University and The University of North Carolina at Greensboro, containing known false claim:
 
  • The Board of Governors approved, the designation of the land (formerly the Central School for the Deaf) reallocated to the Board of Governors by the 2003 Session of the General Assembly and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm as a Joint Millennial Campus,
  • Now, the Boards of Trustees of NCA&T and UNCG are requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development, a jointly-controlled and jointly-funded 501(c) (3) entity that will administer the educational, research, and economic development mission of the Joint Millennial.
 
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. 
BACKGROUND  INFORMATION : 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. This document has also been reviewed by the Office of the President.
 
That 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)  Note: it was determined by counsel for the universities and the GCID to pursue a master lease for the properties identified as the JMC.
 
Feb. 2, 2006, Action Item: Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T extinguishing Lease of Joint Millennial Campus - North Carolina A&T State University and The University of North Carolina at Greensboro May 2006 claim:
  • In October 2003, the Boards of Trustees of North Carolina A&T State University and The University of North Carolina at Greensboro requested, and the Board of Governors approved, the designation of the land (formerly the Central School for the Deaf) reallocated to the Board of Governors by the 2003 Session of the General Assembly and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm as a Joint Millennial Campus.
  • Now, the Boards of Trustees of NCA&T and UNCG are requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development,..
 
§ 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.
 
The Board of Governors May 12, 2006 pass Lease of Joint Millennial Campus, NCA&T and UNCG on the consent agenda.
UNC BOG document Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro was approved by the Hanna Cage Committee on Budget and Finance; forward to full UNC BOG where it was approved on the consent agenda, and transmitted to the Council of State for final action.

UNC System/ State Property Office "Raleigh Two Step

 
NCGS § 146-28. Agency must file application with Department; Department must investigate. 

Any State agency desiring to sell, lease, or rent any land owned by the State or by any State agency shall file with the Department of Administration an application setting forth the facts relating to the proposed transaction, and shall furnish the Department with such additional information as the Department may request relating thereto. Upon receipt of such application, the Department of Administration shall promptly investigate all aspects of the proposed transaction, including particularly present and  future State need for the land proposed to be conveyed, leased, or rented.
 
UNC Constituent Universities and General Administration may acquire or dispose of property by lease. (UNC Policy Manual 600.1.3 ). Any proposal involving the acquisition or disposition by the institution of any interest in real property shall be recommended by the Board of Trustees.

All real property transactions that require approval beyond the campus level are to be initiated by submission of the Form PO-1 for acquisitions and  Form PO-2 for dispositions to the State Property Office. 600.1.4 (4.)  Upon the approval of the Board, the University's Associate Vice President for Finance and Property Officer forwards such proposals to the Council of State for final action.
 
 
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.
 
University's Associate Vice President for Finance and Property Officer Terrance Feravich submitted Unsigned and incomplete  UNC System Acquisition of Real Property by lease application P0-1  dated March 13, 2006

alleged  purpose of establishing a Joint Millennial Campus for North Carolina A&T State University and The University of North Carolina Greensboro. Two parcels: Approximately 75 acres of property located adjacent to the NCA&T farm and located on Lee Street; Approximately 75 acres of property and facilities formerly known as the Central North Caroling School for the Deaf. The requested action recommending by Governing Board of NCA&T and UNCG was blank.

 
Received from the State Property Office UNC Greensboro February 2,006 minutes which said

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) . Note: it was determined by counsel for the universities and the GCID to pursue a master lease for the properties identified as the JMC.
 
The Board of Governors May 12, 2006 pass Lease of Joint Millennial Campus, NCA&T and UNCG on the consent agenda.
UNC BOG document Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro was approved by the Hanna Cage Committee on Budget and Finance; forward to full UNC BOG where it was approved on the consent agenda, and transmitted to the Council of State for final action.
 
 
Public Record documents receive indicate UNC Board of  Governors/ UNC System Office University's Associate Vice President for Finance and Property Officer  did not file application 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.
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.

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.
 
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.
 
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?
 
Given the appointment/election process for directors of GCID, how much control, if any, do the boards of trustees of the two institutions and the Board of Governors retain over the actions of GCID? It's hard to say who is in charge but my reading of the bylaws indicates the trustees and Board of Governors may have little say over, little knowledge of GCID' s actions except with GCID' cooperation.
 
It seems the cart is before the horse. If the real estate on the millennial campus is to be managed as contemplated by the agreement and lease, the General Assembly should be consulted and the legislation changed to allow it without manipulation or circumvent current statues.
 
In the interim, we will work with...and the campus to efficiently handle all contemplated real estate transactions.  Emphasis added
 
 
 
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.
 
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.  
 

Original Message from Terrance Feravich to john web
cc Robert nelson: John R. Merrill sent August 14, 2005
 
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.

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.
 
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.
 
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?
 
Given the appointment/election process for directors of GCID, how much control, if any, do the boards of trustees of the two institutions and the Board of Governors retain over the actions of GCID? It's hard to say who is in charge but my reading of the bylaws indicates the trustees and Board of Governors may have little say over, little knowledge of GCID' s actions except with GCID' cooperation.
 
It seems the cart is before the horse. If the real estate on the millennial campus is to be managed as contemplated by the agreement and lease, the General Assembly should be consulted and the legislation changed to allow it without manipulation or circumvent current statues.
 
In the interim, we will work with...and the campus to efficiently handle all contemplated real estate transactions.  Emphasis added
 
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)."
 
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.  A
greement 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, do not indicate NCA&T/UNCG Joint Millennial Campus (Gateway research Park) was designated. 2023 Report indicated UNC System Millennial Campus in 2003 & 2023.
 
Expansion of Millennial Campus - The University of North Carolina System Office  May 25, 2020
 

 

Issue overview indicate G.S. 116-198.34 grants the Board of Governors authority to designate real property as a millennial campus. The University System Office  is requesting an expansion

   
of its millennial campus to include the Spangler Complex...  The UNC System Office previous designated 150 acres as a millennial campus consisting of Gateway Research Park-North Campus in Brown Summit, NC and Gateway Research Park-South Campus in Greensboro, NC.  The millennial campus is leased to Gateway Research Park.
 
 
Pursuant Public Record laws, request for documents establishing UNC system Office Millennial Campus designation for Gateway-Research Park-North Campus in Brown Summit, NC and Gateway Research Park-South Campus in Greensboro, NC. and lease was made (Request 22-23).  No PRR-22-23 document referred to UNC System Millennial campus and its lease to Gateway Research Park.
 

PRR 22-23 S. L. 2003-284

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 2003-284, 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.
 
Lacking Board of  Governors designation of  Millennial campus of NCA&T and UNCG Session Law 2003-284, Section 6.20  property remained allocated to the Board of Governors

NCGS 116- 198.33(4b) (2000) : The term "Millennial Campus" means all real property and appurtenant facilities designated by the Board of Governors as part of a Millennial Campus of a constituent institution of The University of North Carolina .... Lacking Board of Governor Designation of millennial campus defined by NCGS 116-198.34 Session Law 2003-284, Section 6.20.
 

The General Assembly, Session Law 2003-284, Section 6.20, reallocated former Central School of the Deaf from the State property Office to UNC Board of Governors  to be used for the establishment of Millennium campuses ( campuses is plural ) of the University of North Carolina at Greensboro and North Carolina Agricultural and Technical State University. The Board of Governors is authorized to designate as a Millennium Campus property held or acquired by a constituent institution. Session Law 2003-284, Section 6.20  property was reallocated to the Board of Governors. Lacking Board of Governor Designation of millennial campus defined by NCGS 116-198.34 Session Law 2003-284, Section 6.20, remained relocated to UNC Board of  Governors.
 
 
 
 
Complex Name UNC-GA Gateway University Research Park
Unsigned and incomplete  UNC System Acquisition of Real Property by lease P0-1 application 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.
 
In accordance with General Statutes 143-341 and 146 State Property Office Maintain a complete and accurate inventory of State owned lands, buildings, and space in buildings.  State Property Office inventory of State-owned lands, buildings, and space in buildings, Public Record Land Lease listing 3-26-2013.pdf did not list Lease of  Joint Millennial Campus, Lessor NC A&T and UNCG, Lessee Greensboro Gateway University Research Park, 5900 Summit Avenue, Greensboro, Guilford County,  Area Joint Millennial Campus.

Complex UNC-GA Gateway University Research Park, Lessor UNC General Administration, lessee Gateway University Research Park, property Address 5900 Summit Avenue, Greensboro term 50 years. Comment:
 

Property to be developed as a Joint Millennial Campus for NCA&T State University and UNC-Greensboro to support the education and research missions of the Campuses and to foster economic development and entrepreneurial activity in the Region.

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.

 

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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