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Black Triad News. Com
"News and Views of People of Color in the Triad and Beyond" |
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UNC Board of Governors/ UNC System Office white wash
Bogus NCGS
116-198.34 (8B) NCAT/
UNCG Joint Millennial Campus as UNC System Office
Millennial Campus |
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| History and Background:
A&T and UNCG Joint Millennial Campus (JMC) approved
by the UNC BOG on October 10,2003. Two Campuses
-Gateway North and Gateway South. |
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Expansion of
Millennial Campus - The University of North
Carolina System Office May 25, 2022 |
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Issue overview indicate G.S.
116-198.34 grants the Board of Governors
authority to designate real property as a
millennial campus. Issue
overview alleges 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. |
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| 2023 UNC
SYSTEM MILLENNIAL CAMPUS REPORT institutions
with millennial campus designations
and the UNC System, does not
indicate NCA&T/UNCG joint Millennial
Campus but indicated UNC System
Millennial Campus in 2003 and 2022. |
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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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Emerging from a legislative
mandated study HB 1264 , Staying
a Step Ahead, to ensure the State's
citizens are academically prepared and
equipped for current job opportunities and
jobs of the future in North Carolina's
growing knowledge |
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economy, explicitly referred to research
clusters Public Health, Biotechnology, Bio &
Food Sciences, Advanced Materials &
nanotechnology, Computational Science &
Engineering, Leadership & Community
development, Information Sciences &
Technology, Transportation & Logistics, and
Energy & Environment created by HBCU NCA&T. |
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Reported in the Media: Last month, the
members [Greensboro Area Chamber of Commerce] came
up with a recommendation: a Knowledge Campus, "
more commonly known as a research park. this campus
would house N.C. A&T's and UNC-G's flagship research
programs, like engineering
and biotechnology"
There, cutting-edge research could be spun off into
startup businesses and lure exiting ones from other
parts of the nation. Young people would flock to
Greensboro for a shot at high-paying, high-tech jobs
with a real future. Emphasis added. Could
Greensboro Support Research Park? News & Record
Oct.19.1997 Beth McMurtrie. |
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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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GS. 116-198 (8B) Article 21B. Acting on
recommendation made by the President of The
University of North Carolina after consultation by
the President with the  Chancellor
and the Board of Trustees of a constituent
institution, to designate real property held by, or
to be acquired by, a constituent institution as a
Millennial Campus" of the institution. That
designation shall be based on an express finding by
the Board of Governors that the institution
desiring to create a "Millennial Campus" has the
administrative and fiscal capability to create and
maintain such a campus and provided further, that
the Board of Governors has found that the creation
of the constituent institution's "Millennial Campus"
will enhance the institutions research, teaching,
and service missions as well as enhance the economic
development of the region served by the institution.
Upon formal request by the constituent institutions,
the Board of Governors may authorize two or more
constituent institutions which meet the requirements
of this sections t create a joint Millennial
Campus. Video
NCGS 116-198.34 (8b) |
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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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Proposed Lease was smoking Gun No
statuary NCGS:
116-198.34.(8b) NC
A&T/ UNCG Joint
Millennial Campus was designated Oct.
10, 2003 by
UNC Board of Governors for
Session Law 2003-284, Section 6.20, land
and facilities, and 75-acre parcel of
NCA&T Farmland. |
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| Feb. 2,
2006, Action
Item: Lease Agreement between
the Greensboro Center for
Innovative Development and UNCG
and NC A&T, was considered
by UNCG Board of Trustees. |
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  Action
Item background information says
" in order to facilitate the
GCID ability to perform its role
as managed/developer it was
determined by counsel for the
universities and the GCID to
pursue a master lease for the
properties identified as the JMC by
university counsels, GCID,
reviewed by Office of the
President. emphasis added. Unambiguous
indicated no statutory NCGS:
116-198.34. (8b) NC
A&T/ UNCG Joint
Millennial Campus was designated by
Board of Governors
Oct. 2003. |
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| § 116-198.34. General powers of
Board of Governors. The Board may
exercise any one or more of the
following powers: (1) To determine the
location and character of any project or
projects, and to 1 acquire, construct,
and provide the same, and to maintain,
repair, and 2 operate, and to enter into
contracts for the management, lease,
use, or operation of all or any portion
of any project or projects and any
existing 4 facilities. |
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Lacking and designated
NCA&T/UNCG joint Millennial Campus, the
Board of Governor lacked authority
pursuant GS 116-198.34 (1) to enter into
contracts for the management, lease,
use, or operation of all or any portion
of any project or projects and any
existing facilities. |
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NC A&T Board of Trustees
Table Lease Agreement between the
Greensboro Center for Innovative
Development and UNCG and NC A&T |
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Allegedly, Mr. Merrill presented Ground
Lease Agreement between the State of
North Carolina and Greensboro Center for
Innovative Development (GCID), Feb.
15, 2006 seeking
approval of the Ground Lease by the
Board so that GCID can
be granted
control of the two millennial campus
properties as
the development moves forward. Documents
presented to the Board of Trustees when
considering was Ground
Lease Agreement and Resolutions : In
Support of the Creation of a Joint
Millennial Campus between NC A&T and The
University of North Carolina at
Greensboro dated Aug. 22, 2003.[ 20120327105608787.pdf]]
[NC A&T-PR]. called
for joining with UNCG to establish a
joint Millennial campus whose real
estate consisted of the former School of
the Deaf property allocated to the Board
of Governors to established a joint
Millennial Campus, constituting one
property, without
a syllable pertaining to additional Real
Estate nor 75-acre parcel of land on NC
A&T farmland. |
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  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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UNC System Acquisition of Real
Property (PO-1) By lease To
Establish Joint Millennial for North
Carolina A&T State University
and The University of North
Carolina Greensboro |
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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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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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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) ;
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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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| 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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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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| § 116-198.34. General powers
of Board of Governors. The Board
may exercise any one or more of
the following powers: (1) To
determine the location and
character of any project or
projects, and to 1 acquire,
construct, and provide the same,
and to maintain, repair, and 2
operate, and to enter into
contracts for the management,
lease, use, or operation of all
or any portion of any project or
projects and any existing 4
facilities. |
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Lacking and
designated NCA&T/UNCG joint
Millennial Campus, the Board of
Governor lacked authority
pursuant GS 116-198.34 (1) to
enter into contracts for the
management, lease, use, or
operation of all or any portion
of any project or projects and
any existing facilities. |
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Unambiguous
no statutory NCGS:
116-198.34. (8b) NC A&T/
UNCG Joint
Millennial Campus was designated Oct.
2003 enabling Greensboro Center for
Innovative Development, Inc.
to administer the educational,
research, and economic development mission
of a Joint Millennial Campus. Lacking
Board of Governor Designation of millennial
campus defined by NCGS 116-198.34 Session
Law 2003-284, Section 6.20, remained
relocated to UNC Board of Governors. No
lawful GS
116-198.34 (1)leased
was executed by Board of Governors to the
Greensboro Center for Innovative
Development, Inc. for
Session Law 2003-284, Section 6.20, land and
facilities and 75-acre parcel of NC A&T
Farmland. |
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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. |
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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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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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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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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. |
| |
| 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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| 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)." |
|
| |
| 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. |
|
 |
| 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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Expansion of
Millennial Campus - The University of North Carolina
System Office May 25, 2022 |
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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 (
UNC System Office)
requesting an expansion of its millennial
campus to include
the Spangler Complex. Issue
overview alleges 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. |
| |
  Expansion
of Millennial Campus (Issue
Overview) indicate "the
millennial campus is leased
to Gateway Research Park, a
501(c)(3) non-profit
corporation which is a joint
venture between North
Carolina A&T State
University and The
University of North Carolina
Greensboro, which mirror Lease
of Joint Millennial Campus –
North Carolina A&T State
University and The
University of North Carolina
at Greensboro May 2006. Issue
overview did not identify
the source of UNC System
Office authority to
designate its millennial
campus. If UNC System had
authority to designate "
its" millennial campus why
was it seeking Board of
Governors authorization to
expand allege "its
millennial campus? |
|
|
 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 nor its
lease to Gateway
Research Park. |
| |
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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. |
|
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 |
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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,
remained
relocated
to
UNC
Board
of
Governors. |
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PRR-22-23
Ground
lease
Agreement
&
Memorandum
of Lease |
Ground
Lease
Agreement
between
The
State of
North
Carolina
(Lessor)
and  Gateway
University
Research
Park,
Inc.
(Lessee)
for
Joint
Millennial
Campus
Greensboro,
NC.
dated
March
15,
2007,
indicate
Article
I,
(1.1.1) Lessor Address
State of
North
Carolina
c/o
North
Carolina
Agricultural
&
Technical
State
University
and c/o
The
University
of North
Carolina
at
Greensboro.
(1.1.2) Lessee's Address
Gateway
University
Research
Park,
Inc.. UNC
System
Office
was not
indicated
as
Lessor
in the
Ground
Lease
Agreement
nor
Memorandum
of
Lease. The
only
acquisition
of
property
document
received
was S.
L.
2003-284 property |
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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. |
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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. |
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| B. The Lessor desires to lease the Land and existing Improvements to the Lessee, and the Lessee desires to rent the land and the existing Improvements pursuant to the terms contained within this Lease and to secure financing for the construction on the Land of certain additional Improvements to be hereafter determined, designed and constructed. Emphasis added March 15, 2007 Lease Recitals: |
| |
| Article II Land, Term and Use, 2.4 Assignment and Subleasing (b) Neither the Lessee nor any sub lessee may sublet for a term of more that ten (10) years space within any improvement not or hereafter located on the Land comprising the Premises, without the prior written consent of the Lessor after approval by the Governor and Council of State, emphasis added. |
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| Article II Land, Term and Use, 2.4 incorporates by default G.S. 116-198.34(5) exemptions, Lessee and sub lessee exemption from obtaining prior written consent of the Lessor after approval by the Governor and Council of State for subleases for space less than ten (10) years. |
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|
No statutory NCGS: 116-198.34
(8b) NC A&T/ UNCG Joint Millennial
Campus was designated by UNC Board
of Governors
and N.C. G.S.
116-198.34(5) 10-year Space lease
exemptions did not apply |
| |
| Lucien
Capone [UNCG attorney] email
dated 09.07/2006 to Don
teeter NC Dept. of Justice,
Subject Joint Millennial
Campus ground lease : Item
(2) The statute proving an
exception from Governors and
Council of State approval
for space leases of 10 years
or less is G.S.
116-198.34(5). |
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§
116-198.34.
General
powers
of
Board
of
Governors |
|
|
|
The
Board
may
exercise
any
one
or
more
of
the
following
powers: |
|
To
acquire,
hold,
lease,
and
dispose
of
real
and
personal
property
in
the
exercise
of
its
powers
and
the
performance
of
its
duties
hereunder
and
to
lease
all
or
any
part
of
any
project
or
projects
and
any
existing
facilities
upon
such
terms
and
conditions
as
the
Board
determines,
subject
to
the
provisions
of
G.S.
143-341
and
Chapter
146
of
the
General
Statutes. |
|
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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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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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| § 116-198.34. General powers of
Board of Governors. The Board may
exercise any one or more of the
following powers: (1) To determine
the location and character of any
project or projects, and to 1
acquire, construct, and provide the
same, and to maintain, repair, and 2
operate, and to enter into contracts
for the management, lease, use, or
operation of all or any portion of
any project or projects and any
existing 4 facilities. |
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Lacking and
designated NCA&T/UNCG joint
Millennial Campus, the Board of
Governor lacked authority pursuant
GS 116-198.34 (1) to enter into
contracts for the management, lease,
use, or operation of all or any
portion of any project or projects
and any existing facilities. |
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|
Greensboro Center for Innovative Development
Executive Director John Merrill, UNCG
Counsel Skip
Capone, and
State Property Office knew or should have
known no statuary NCGS:
116-198.34. (8b) NC A&T/
UNCG Joint
Millennial Campus was designated Oct.
2003 enabling Greensboro Center for
Innovative Development, Inc.
to administer the educational,
research, and economic development mission
of a Joint Millennial Campus. No
lawful leased was executed by Board of
Governors to the Greensboro Center
for Innovative Development, Inc. for
NCA&T/UNCG JMC for Session Law 2003-284,
Section 6.20, land and facilities and
75-acre parcel of NC A&T Farmland. G.S.
116-198.34(5) exemptions did not apply to
GCID Lease with USDA, as
well as Lease
of Joint Millennial Campus -North Carolina
A&T State University and The University of
North Carolina dated March 16, 2007. |
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Complex
Name
UNC-GA
Gateway
University
Research
Park |
|
In
accordance
with
General
Statutes
143-341
and 146
State
Property
Office
Maintain
a
complete
and
accurate
inventory
of State
owned
lands,
buildings,
and
space in
buildings. State
Property
Office
inventory
of
State-owned
lands,
buildings,
and
space in
buildings,
Public
Record
Land
Lease
listing
3-26-2013.pdf
did not
list
Lease
of
Joint
Millennial
Campus,
Lessor
NC A&T
and
UNCG,
Lessee
Greensboro
Gateway
University
Research
Park,
5900
Summit
Avenue,
Greensboro,
Guilford
County,
Area
Joint
Millennial
Campus. |
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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:
|
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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Received from the State Property Office, pursuant Public Record Requests was UNC System application Acquisition of Real property by lease (PO-1) dated March 13, 2006 for the purpose of establishing Joint Millennial Campus for North Carolina A&T State University (NCA&T) and the University of North Carolina at Greensboro (UNCG).
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| UNC Policy Manual 600.1.3 ). Any proposal involving the acquisition or disposition by the institution of any interest in real property shall be recommended by the Board of Trustees. |
| |
| Pursuant Public Record Requests, no signed Acquisition of Real property by lease P0-1 document was received from the State Property Office ("SPO") nor NCA&T/UNCG Board of Trustee minutes indicating the Board of Trustees for NCA&T/UNCG recommended UNC System Acquisition by Lease to established proposed NCA&T/UNCG Joint Millennial Campus. Two parcels: Approximately 75-acres of property located adjacent to the NCA&T Farm and Located on Lee Street. Approximately 75 acres of property and facilities formerly know as the Central North Carolina School for the Deaf. |
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|
"This
tract of land is part of the Seventy Five acres
we carved out for Gateway University Research
Park." said 
