UNC System\State
Property Office "Raleigh Two Step" |
|
 |
"A Promise for the Future By
some accounts, nanotechnology is
destined to replace much of
today's technology. Gateway
University Research Park expects
to be at the forefront of these
new technologies with the
creation of a new
institution the
Joint School for Nanoscience and
Nanoengineering (JSNN)" [15] The
intent of the (JSNN) school is
to become a world-class
educational and technical institution.
[34] “The
Joint School for Nanoscience and
Nanoengineering….. built on the
major nanotechnology research
activity been established...at
NCA&T” [13] |
|
|
"I
think for the next 50 years, A&T
and the engineering programs and
science programs are going to be
an integral part and a driving
force in the economic
development of the community,''
said Greensboro attorney Jim
Phillips Jr., a member of the
UNC Board of Governors."
[3] |
|
Greensboro
City's Greensboro
Connections 2025
Comprehensive Plan was
adopted May
2003. A key
principle of the
Comprehensive Plan is to
promote economic
development in
historically
under-served parts of
the City such as East
Greensboro. Properties
in these areas should
receive priority
consideration as the
City designates and
promotes land for
economic development.
The NCA&TSU Farm site is
one such candidate.
7D.3 Promote economic
development through
public/private
partnerships to include
government, economic
development agencies,
educational and health
care institutions, and
businesses. Build on
existing partnerships
and initiatives in this
effort. Examples
include:
|
University-related
research and development
opportunities with UNCG
and NCA&TSU (building
on the example of the
Nussbaum Center
incubator facility)[ One
of their primary tasks
will be keeping tabs on
research at the two
universities, in areas
such as engineering and
sciences, that might
have commercial uses.
They will look for
existing companies that
could benefit from that
research and explore the
potential of using it to
create start-up
businesses.]
Work with NCA&TSU to
establish a research
park on the A&T farm
property, [NCA&T
Farmland was located in
Guilford County not
Greensboro City |
|
 " I
am so
energized by
the
potential of
this research
park, in
particular
the joint
schools of
nano
technology
and nano
science. The
world is
seeing
explosive
growth today
in the
commercialization
of
nanotechnology.
We will have
all of the assets
right here
in Guilford
County that
we need to
participate
in that
explosion,
and they
will be
right here
at the Gateway
University
Research
Park."
said
("Greensboro
Boy" ) Erskine
Bowles President
of the
University
of North
Carolina
System. Photo
NC A&T. [2] |
|
 "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. NC We
gave up 75
acres of the
Farm. Video |
|
|
 |
 |
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 NCA&T and UNCG. Note:
Greensboro Center for Innovative
Development was renamed Gateway
University Research Park. |
|
|
|
|
 |
Board of
Governors' document
institutions with
millennial campus
designations and the UNC
System, indicates UNC
System millennial
campus authorized in
2003 and 2022 and does
not indicate a
NCA&T/UNCG Joint
Millennial Campus. |
|
|
 |
 |
UNC
System Acquisition
of Real Property by
lease P0-1 dated
March 13, 2006 for
the 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. 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 |
|
|
Email
from John R. Merrill
(GCID) to Terrance
Feravich (UNC-GA)
Subject Ground Lease
stated: "Following up on
the ground lease issue
for the GCID. I have
downloaded the PO1 from
the state property
office and I need to
connect with the
attorney's for the
universities to complete
the document (at least
to the best of our
ability). I realize
we're under the gun to
get this on the April
agenda but what's my
deadline.? |
 |
Email
from John R. Merrill to
Terrance Feravich
(UNC-GA) Subject Ground
Lease indicate
Greensboro Center for
Innovative Development
was complicate with the
PO1 sent to the State
Property Office.
|
|
|
 NCGS
116-198-34(8b) 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.
Furthermore, the Board of
Governors has found that
creating the constituent
institution’s Millennial Campus
will enhance the university’s
research, teaching, and service
missions, as well as enhance the
economic development of the
region served by the
institution.
The
Board of Governors may authorize
two or more constituent
institutions which meet the
requirements of this section to
create a joint Millennial
Campus.
Video |
|
|
UNC
System Office houses
the offices of the
president and senior
administrative
staff. This core
administrative staff
researches,
recommends, and executes
the policies of the
Board of Governors.
UNC Policy Manuel
and
NCGS 116-198.34 (8b) does
not authorize UNC
System Office
millennial campuses. |
|
|
Received from the State Property Office
("SPO") The Board of Governors May 12, 2006 allegedly
passed Lease of Joint Millennial Campus -- NCA&T and
UNCG. The Board of
Governors May 12, 2006 pass Lease of Joint Millennial
Campus, NCA&T and UNCG on the consent agenda. |
 |
UNC BOG document Lease of Joint Millennial Campus –
North Carolina A&T State University and The University
of North Carolina at Greensboro was
approved by the Hanna Cage Committee on Budget and
Finance; forward to full UNC BOG where it was approved
on the consent agenda, and forwarded to be processed by
the State Property Office. |
|
|
From Joseph Henderson (State
Property Office Director) to Terrance
Feravich, (
Associate Vice President for Finance and
Property) CC: John Webb Thursday, August 17,
2006 Subject: NCA&T-UNCG Joint Millennial
Campus (email) |
|
I have now read the
agreement, lease, background info put out by
GCID. GCID articles of incorporation and
bylaws, and reviewed the pertinent general
statues. It appears to me that A&T and UNCG
set out on a course that was from the
beginning contrary to the current statues
governing millennial campuses. |
|
A transfer of the real
property to GCID (by leaser or otherwise)
would remove the Department of
Administration, Joint Legislative Commission
on Governmental Operations and Governor and
Council of State from any oversight of the
real property transactions. |
|
Given the
appointment/election process for directors
of GCID, how much control, if any, do the
boards of trustees of the two institutions
and the Board of Governors retain over the
actions of GCID? It's hard to say who is in
charge but my reading of the bylaws
indicates the trustees and Board of
Governors may have little say over, little
knowledge of GCID' s actions except with
GCID' cooperation. |
|
It seems the cart is
before the horse. If the real estate on the
millennial campus is to be managed as
contemplated by the agreement and lease, the
General Assembly should be consulted and the
legislation changed to allow it without
manipulation or circumvent current statues. In
the interim, we will work with...and the
campus to efficiently handle all
contemplated real estate transactions. Emphasis
added |
|
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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.
Emphasis added. |
|
|
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 enclosure
include Lease of Joint Millennial Campus – North
Carolina A&T State University and The University of
North Carolina at Greensboro ( May 2006) .
(Upon
the approval of the Board, the University's Associate
Vice President for Finance and Property Officer forwards
such proposals to the Council of State for final
action.) Mr.
Terrance C. Feravich, P.E., University Property Officer
May 15, 2006 letter to Department of Administration did
not 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. |
|
Received from the State Property Office was unsigned
Acquisition of Real Property by lease dated March 13, 2006, which
said Action recommending the above was taken
by the Governing Board of NCA&T and UNCG and is recorded in the
minutes thereof on date. (blank). |
 |
|
UNC System March 13, 2006 Acquisition of Real property by lease
indicate this property is purpose to establish a Joint Millennial
Campus for North Carolina A&T State University (NCA&T) and the
University of North Carolina at Greensboro (UNCG). |
|
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. |
|
|
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 P0-1 document was received from the State
Property Office ("SPO") nor NCA&T/UNCG Board of Trustee
minutes indicating the Board of Trustees at NCA&T/UNCG
recommended UNC System Acquisition by Lease to
established an 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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Go
Figure |
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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. |
 |
|
 |
|
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.
|
|
|
Pursuant Public Record Requests no PO-2
disposition by lease document was received from
State Property Office indicating UNC System
Office leased (formerly
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 to Gateway Research Park,
Inc. |
|
Received from the State Property Office
Lease of Joint
Millennial Campus – North Carolina A&T State
University and The University of North
Carolina at Greensboro |
 |
The 2000 session of the General Assembly
authorized the Board of Governors to
designate Millennial Campuses at each
constituent institution when the Board finds
that such a designation will enhance the
economic development of the region served by
the constituent institution. |
|
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, a jointly-controlled and
jointly-funded 501(c)(3) entity that will
administer the educational, research, and
economic development mission of the Joint
Millennial Campus |
|
The $1 lease would be for the initial term
of 50 years with two, 10-year renewal
options. Upon the expiration of the lease,
the land and any improvements upon the land
would revert to the State. The lease of the
land will be accomplished within the
guidelines, procedures, and policies of the
North Carolina Department of Administration
and must be approved by the Council of
State. |
|
It
is recommended that the request of the Board
of Trustees of North Carolina A&T State
University and the Board of Trustees of The
University of North Carolina at Greensboro
be approved and transmitted to the Council
of State for final action. |
|
Received from the State Property Office
("SPO") The Board of Governors May 12, 2006 allegedly
passed Lease of Joint Millennial Campus -- NCA&T and
UNCG. The Board of
Governors May 12, 2006 pass Lease of Joint Millennial
Campus, NCA&T and UNCG on the consent agenda. |
 |
UNC BOG document Lease of Joint Millennial Campus –
North Carolina A&T State University and The University
of North Carolina at Greensboro was
approved by the Hanna Cage Committee on Budget and
Finance; forward to full UNC BOG where it was approved
on the consent agenda, and forwarded to be processed by
the State Property Office. |
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 |
 |
 |
ANNUAL
REPORT
OF THE
COMMITTEE
ON
BUDGET
AND
FINANCE
TO THE
BOARD OF
GOVERNORS
OF THE
UNIVERSITY
OF NORTH
CAROLINA July
1, 2005
through
June 30,
2006, indicate
Committee
and
Budget
and
Finance
recommended
ground
lease of
the land
and
existing
improvements
for the
Joint Millennial
Campus
to the
Greensboro
Center
for
Innovative
Development
; ANNUAL
REPORT
indicated
Actions
taken
under
the
delegated
authority
would be
reported
at the
next
scheduled
meetings.
UNC
System
did not
acquire Session
Law
2003-284,
Section
6.20,
reallocated
former Central
School
of the
Deaf
from the
State
property
Office
to Board
of
Governors
and and
a 75 -
acre
parcel
of land
currently
comprising
a
portion
of the
North
Carolina
A&T
State
University
Farm
between July
1, 2005
through
June 30,
2006. |
|
|
|
|
ANNUAL REPORT OF
THE COMMITTEE ON
BUDGET AND FINANCE
TO THE BOARD OF
GOVERNORS OF THE
UNIVERSITY OF NORTH
CAROLINA July 1,
2006 through June
30, 2007 did
not indicate UNC
System acquired land
formerly designated
for the Central
School for the Deaf
allocated to the
Board of Governors
by the 2003 Session
of the General
Assembly and a 75-
acre parcel of land
currently comprising
a portion of the
North Carolina A&T
State University
Farm, pursuant UNC
System delegated
authority. |
|
|
|
|
 UNC-GA
did not hold or acquire Central
School for the Deaf allocated to the
Board of Governors by the 2003
Session of the General Assembly and
75 - acre parcel of land comprising
a portion of the North Carolina A&T
State University Farm, to establish
a/k/a Joint NCA&T/UNCG Joint
Millennial Campus nor UNC System
Millennial Campus to lease
Greensboro Center for Innovative
Development renamed Gateway Research
Park, inc. |
|
|
|
 |
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. |
|
This
memorandum of
understanding (MOU) is
between the United
States Department of
Agriculture’s Natural
resources Conservation
Services, herein after
referred to as the NRCS,
and the North Carolina
A&T State University,
herein referred to as
A&T. |
|
|
|
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 |
|
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. |
|
|
|
Received from State Property
Office: 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
didn't indicated JMC
was designed by UNC BOG. |
|
Action Item
background information
says " in order to
facilitate the GCID
ability to perform its
role as
managed/developer it was
determined by counsel
for the universities and
the GCID to pursue a
master lease for the
properties identified as
the JMC by
university counsels,
GCID, and General
Administration,
emphasis added. |
|
Action item
background
information: |
|
-
Timeline
from
Feb.
2003
through
Feb2,
2006
does
not
indicated
JMC was
designed
by UNC
BOG,
|
|
-
In order
to
facilitate
GCID
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,
|
-
Properties
Identified
as the
JMC
consist
of owned
by the
State of
North
Carolina
(
Approximately
75 acres
at the
former
Central
North
Carolina
School
for the
Deaf
and 75
acres
adjacent
to the
NC A&T
farm,
and
|
-
This
document
has also
been
reviewed
by the
Office
of the
President
[
Erskine
Bowles
Office]
|
|
 |
Lease
Agreement
between
the
Greensboro
Center
for
Innovative
Development
and
UNCG
and
NC
A&T
was
recommended,
to
The
Board
of
Trustees
of
The
University
of
North
Carolina
at
Greensboro
and recommended
approval
to
the
Board
of
Governors,
recommended by
John
R.
Merrill
Executive
Director,
Greensboro
Center
for
Innovative
Development. |
|
|
|
|
|
UNCG Board
of Trustees Feb. 2, 2006
approved Lease Agreement between |
 |
the
Greensboro Center for
Innovative Development and UNCG
and NCA&T and recommend approval
to the Board of Governors. |
|
|
|
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 |
 |
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. |
|
 |
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. |
|
|
|
|
NC A&T Board of
Trustees Table Lease Agreement
between the Greensboro Center
for Innovative Development and
UNCG and NC A&T |
|
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. |
|
Memorandum from Chair
Velma Speight-Bluford to
Executive Committee
dated February
22, 2008 RE: Ground
Lease
Agreement-Millennial
Campus stated: At the
Board meeting on
Wednesday, February 15,
2006, John Merrill,
Director of the
Greensboro Center for
innovative Development,
presented for approval a
Ground lease Agreement
Between The State of
North Carolina (Lessor)
and Greensboro Center
for Innovative
Development. Inc.
(Lessee) for the Joint
Millennial Campus of
Greensboro, North
Carolina.. |
 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. |
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As
written NC.
A&T Executive Committee
acting alone did not
have authority to over
ride full board
decision. |
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Replies to
public record
request for the
NCA&T Board of
Trustees request
to designate
NCA&T/UNCG Joint
Millennial
Campus
consisting of
former School of
the Deaf
property and
75-acre parcel
of NC A&T
farmland and
for permission
to execute a
ground lease of
the land and
existing
improvements
Joint Millennial
Campus and
request for
permission to
execute a ground
lease of the
land and
existing
improvements for
the Joint
Millennial
Campus to the
Greensboro
Center for
Innovative
Development. |
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NCA&T: "As
to 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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Received from State Property Office,
Janese A. Fails
recorder respectfully submitted alleged
Executive Committee Post Meeting minutes dated
February 15, 2006, which stated: During the
Board of Trustee meeting held on February 15,
Mr. John Merrill was invited to present to the
Board for approval a Ground Lease Agreement
Between The State of North Carolina (Lessor) and
Greensboro Center for Innovative Development,
Inc. |
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(Lessee) for Joint
Millennial Campus. Following his presentation,
Chairwoman Speight-Buford entertained a motion
for approval of the agreement. A motion made
by Mrs. Bruce to approve the Agreement; however,
Dr. McCain mad substitute motion to delay the
vote of approval of the Agreement until the
Executive Committee had time to thoroughly
review the document. |
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Chairwoman Speight-Buford
called a post meeting with the Executive
Committee of the Board of Trustees immediately
following the full Board meeting to determine
how the matter would be handled. She would also
converse with the other Board member for their
input. The Executive Committee unanimously
agreed to the voting arrangements. |
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Upon the Executive Committee
in-depth review of the Agreement, Chairwoman
Speight-Buford forwarded a voting memorandum to
each of them. On February 22, 2006, the
Executive Committee unanimously approved the
Ground Lease Agreement Between The State of
North Carolina (Lessor) and Greensboro Center
for Innovative Development, Inc. (Lessee) for
Joint Millennial Campus. |
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Executive Committee Post
Meeting minutes alleged "On February 22, 2006,
the Executive Committee unanimously approved the
Ground Lease Agreement Between The State of
North Carolina (Lessor) and Greensboro Center
for Innovative Development, Inc. (Lessee) for
Joint Millennial Campus." |
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In addition to whether fax
vote was permissible pursuant NCA&T Board of
Trustees Bylaws. Public
records documents indicated Lease Fax vote took
place between Feb.
22, 2006 thru April 19, 2006,
through alleged Mr. Henry Isaacson FEB.
22, 2008 Fax. contradicting
Ms. Fails claim of an unanimous Executive
Committee Feb 22, 2006, vote approving GCID
Ground Lease. |
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NCA&T Recording Secretary
Janese A. Fails alleged Executive Committee Post
Meeting Minutes without Board approval are not
official minutes of NC A&T Board of Trustees'. |
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March 06, 2006 the General Services
Administration "GSA" posted notice U.S.
Government Intends to Lease Space on the NC
A&T Millennial Campus in Greensboro, North
Carolina (Solicitation Number: TNCOO75).
Response date March 10, 2006. |
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Location: A
negotiated action under Solicitation
5NC0075 will result in a
non-competitive award to locate the
USDA Natural Resources Conversation
Service's East National Technical
Center and East Remote Sensing
Laboratory on the North Carolina
A&T State University Millennium
Campus. |
Amount of Space: The
U.S. government intends to lease a
total of 24,680 rentable square
feet921,461 contiguous BOMA usable
square feet ) and six (6) reserved
outside parking spaces based on the
determination that this is within
the best interest of the U.S.
Government. This space will be made
available for use buy the USDA
Natural Resources Conversation
Service's East National Technical
Center and East Remote Sensing
Laboratory personnel, furnishings
and equipment to maintain mission
critical engineering, research,
development, and academic
requirements. |
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UNC
System
Acquisition
of Real
Property by
lease P0-1
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 may indicate source of
PO1 was the Greensboro Center
for Innovative Development (
non-state agency) rather than
UNC System. |
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Notwithstanding Erskine Bowles
General Administration
submission of Acquisition of
Real Property PO-1, dated March
13, 2006, to Department
of Administration, State
Property Office for the purpose
to establish Joint Millennial
Campus for NCA&T and UNCG;
claiming this action has been
approved by NCA&T and UNCG Board
of Trustees. |
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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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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:
•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
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 Unambiguous
no statuary NCGS:
116-198.34. (8b)NC
A&T/ UNCG Joint
Millennial Campus was designated Oct.
10, 2003 enabling Greensboro Center
for Innovative Development, Inc.
to administer the
educational, research, and economic
development mission of a Joint
Millennial Campus and leased to
Gateway Research Park, Inc. |
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The Board of Governors
May 12, 2006 pass Lease of Joint Millennial
Campus, NCA&T and UNCG on the consent
agenda. |
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UNC BOG document Lease of Joint Millennial
Campus – North Carolina A&T State University
and The University of North Carolina at
Greensboro was
approved by the Hanna Cage Committee on
Budget and Finance; forward to full UNC BOG
where it was approved on the consent agenda,
and forwarded to be processed by the State
Property Office. |
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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. |
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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:
Terry
We can deal
with the new
building
under our
existing
procedures.
Let's not
let the
proposed
lease get in
the way of
that.
My view
of the
proposed
lease is
that the
General
Assembly
limited the
millennial
campuses to
space leases
not
exceeding
ten years. I
was present
at the
committee
meetings and
have an
understanding
of the
concerns at
that time
and why the
ten year
limit was
imposed and
the Council
of State was
kept in the
process. I
can't
support an
action (this
lease) that
circumvents
the general
assembly's
intent.
There are
number of
ways to
provide for
the
effective
administration
of this
campus other
that the
proposed
lease.
Emphasis
added. |
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From Joseph
Henderson to
Terrance
Feravich,
CC: John
Webb
Thursday,
August 17,
2006
Subject:
NCA&T-UNCG
Joint
Millennial
Camus
(email)
Terry:
I have now
read the
agreement,
lease,
background
info put out
by GCID.
GCID
articles of
incorporation
and bylaws,
and reviewed
the
pertinent
general
statues. It
appears to
me that A&T
and UNCG set
out on a
course that
was from the
beginning
contrary to
the current
statues
governing
millennial
campuses. |
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Clearly,
background
info on
GCID, the
articles and
bylaws,
anticipate
GCID taking
title to the
land and
buildings
and managing
the real
property of
the campus.
Yet, Chapter
116, Article
21B,
contemplates
the handling
of real
property
pursuant to
Chapter 146
except for
the limited
a case of
disposition
by lease of
space (only)
not exceed a
term of ten
years. |
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A transfer
of the real
property to
GCID (by
leaser or
otherwise)
would remove
the
Department
of
Administration,
Joint
Legislative
Commission
on
Governmental
Operations
and Governor
and Council
of State
from any
oversight of
the real
property
transactions.
While we may
have the
latitude to
do it (the
lease), I am
certain
uncomfortable
with the
concept
which I
believe
circumvents
the
Legislative
intent. |
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The
formation of
and purpose
of the GCID
raises other
questions.
As a
creation of
the two
campuses,
are its
meetings
open to the
public and
are its
records
subject to
the public
records law?
should they
be? What was
intent of
the two
trustee
boards and
what is the
desire of
the Board of
Governors? |
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Given the
appointment/election
process for
directors of
GCID, how
much
control, if
any, do the
boards of
trustees of
the two
institutions
and the
Board of
Governors
retain over
the actions
of GCID?
It's hard to
say who is
in charge
but my
reading of
the bylaws
indicates
the trustees
and Board of
Governors
may have
little say
over, little
knowledge of
GCID' s
actions
except with
GCID'
cooperation. |
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It
seems the
cart is
before the
horse. If
the real
estate on
the
millennial
campus is to
be managed
as
contemplated
by the
agreement
and lease,
the General
Assembly
should be
consulted
and the
legislation
changed to
allow it
without
manipulation
or
circumvent
current
statues. |
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In the
interim, we
will work
with...and
the campus
to
efficiently
handle all
contemplated
real estate
transactions. Emphasis
added |
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Joe Henderson Memorandum dated September 28, 2006 to Don Teeter subject: Joint Millennial Campus, Greensboro (JMC) says: UNC General Administration has requested that the State Property Office approved and accept its concept for developing the JMC which involves a lease of the existing Land and facilities to a nonprofit created by the campuses (UNCG and NCA&TSU) and subsequent subleases to tenants that will occupy the JMC. A copy of the proposed lease to the nonprofit is attached for your review.
Applicable statues that I am aware of include the "Centennial Campus, the Horace Williams campus and the Millennial Campus Financing Act" (NCGS 116, Article 21B) as well as NCGS 146 and NCGS 143-341.
Your response within the next week, or so is urgently requested. A transaction involving the first tenant at the JMC is pending, and the Procedures we will follow for that lease must be decided within the next two weeks in order to meet agenda dead line for the University, Governmental Operation and Council of State. |
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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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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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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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UNC-GA executed lease for real property identified as Joint Millennial campus with the Greensboro Center for Innovated Development, which it did not own or acquired, that was not approved by the State property Office, Council of State, Governmental Operations, reviewed by the Attorney General and sighed by the Governor. |
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Expansion of Millennial
Campus - The University of North Carolina
System Office May 25, 2020 |
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Board of
Governors' document
institutions with millennial
campus designations and the UNC
System, indicates UNC System
millennial campus authorized in
2003 and 2022 and does
not indicate a NCA&T/UNCG
joint Millennial Campus 2003. |
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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 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. No provision of
NCGS 116-189.34 grants UNC System
Office authority to designate real
property as a millennial
campus. |
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 Unambiguous
no statutory NCGS:
116-198.34. (8b)NC A&T/ UNCG Joint
Millennial Campus was designated Oct.
10, 2003 enabling Greensboro Center
for Innovative Development, Inc. to administer
the educational, research, and economic
development mission of a Joint
Millennial Campus and lawfully leased to
Gateway Research Park, Inc. |
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Sandy new
lease for
Millennial
Campus at
Greensboro |
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Prior to
Council of
State
approval of
Lease of
allege Joint
Millennial
Campus,
Greensboro
Center for
Innovative
Develop John
Merrill sign
lease to
lease space
for yet to
built
facility to
USDA on land
yet to be
leased to
GCID, in
October
2006. |
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Lease
of
Joint
Millennial
Campus
–
North
Carolina
A&T
State
University
and
The
University
of
North
Carolina
at
Greensboro
says:
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.
Prior
to
approval
of
Lease
of
alleged
Joint
Millennial
Campus
by
the
council
of
State.
The
Greensboro
Center
for
Innovative
Development
claiming
to
be
the
NCA&T/UNCG
Joint
Millennial
Campus
signed
a 10
year
lease
for
space
for
the
USDA
at
NC
A&T
farm
prior
to
approval
of
the
lease
by
the
Council
of
State . |
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John Merrill
email dated
October 19, 2006
subject
Follow-up to
Joseph Henderson
says I just
wanted to follow
up with you a
couple of items.
First, I wanted
to let you know
that we have
received the
lease award from
the USDA for the
space at the
South Campus. I
have attached a
copy of the
lease document. |
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Joseph Henderson
email dated
October 20, 2006
to John Merrill
Subject Re:
Follow-up says:
Thanks for the
info. The
Council of State
agenda item is
simply a summary
of the proposed
transaction, not
a review or
approval of
documents. We
may not have the
lease redrafted (the
agreement with
GCID has already
been executed) by
the meeting, but
we'll certainly
include you and
Skip, etc., in
the process. We'll
start with the
lease that Skip
drafted and have
the A.G.'s
Office redraft
as necessary. Clearly
Merrill
indicated
receiving the
lease award from
the USDA October
19, 2006. Henderson
indicated
October 20, 2006
a lease redraft
October 20, 2006
starting with
lease that Skip
drafted. Emphasis
added |
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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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Revised Disposition by
Lease Gateway University research
Park, Inc (NC A&T and UNC-G)
Guilford County was presented for
consultation pursuant to NCGS
146-291.(C) to Government Operation |
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In
Letter dated November 7,
2006 Joseph Henderson,
Director State Property
Office stated " This is
to advice you that the
Council of state, at
it's meeting held on the
above date, approved the
attached item. This
matter will be referred
to the Attorney
General's Office at the
appropriate time for
preparation of
documents. In the
meantime, if you have
any questions regarding
this transaction, please
contact Pam Strickland
of this office.
Director Henderson
letter was addressed to
James Griffin NC A&T
State University and
Helen Ward
UNC-Greensboro and
copied to Don Teeter
and John Merrill. |
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Letter dated November 7,
2006 Joseph Henderson,
Director State Property
Office comment stated "The
General assembly and the
Board of Governors of
the University of North
Carolina designate this
property to be developed
as a Joint Millennial
Campus for NC A&T State
University and UNC at
Greensboro.. subleases
will be subject to State
approval except for
leases of space only not
exceeding a term of ten
years. |
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John
Merrill email Eastern
Guilford High School and
Joint Millennial Campus
Ground Lease dated 16
Nov. 2006 to Joseph
Henderson :THANKS so
much for your support of
GURP and for your
tremendous presentation
on our behalf at last
week's meeting of the
Council of State"! |
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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 |
|
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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Received from State
Property Office: 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 didn't
indicated JMC
was designed by
UNC BOG. |
|
Action Item
background
information says
" in order to
facilitate the
GCID ability to
perform its role
as
managed/developer
it was
determined by
counsel for the
universities and
the GCID to
pursue a master
lease for the
properties
identified as
the JMC by
university
counsels, GCID,
and General
Administration,
emphasis added. |
|
Action
item
background
information: |
|
- Timeline from Feb. 2003 through Feb2, 2006 does not indicated JMC was designed by UNC BOG,
|
|
- In order to facilitate GCID 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,
|
- Properties Identified as the JMC consist of owned by the State of North Carolina ( Approximately 75 acres at the former Central North Carolina School for the Deaf and 75 acres adjacent to the NC A&T farm, and
|
- This document has also been reviewed by the Office of the President [ Erskine Bowles Office]
|
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Public
Record
Request
to
UNC-G
Recommend
Action
was
received. |
 |
Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T was recommended, to The Board of Trustees of The University of North Carolina at Greensboro and recommended approval to the Board of Governors, recommended by John R. Merrill Executive Director, Greensboro Center for Innovative Development. |
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SPO Joseph
Henderson and GCID John R. Merrill
Knew or should have know that no
NCA&T/UNCG Joint Millennial Campus
was designated and
N.C.
G.S. 116-198.34(5) exemption did not
apply to USDA space Lease, on NCA&T
farm properly which had not been
approved by the Council of State.
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Received from
the State Property Office,
pursuant Public Record
Requests pursuant Land Lease
listing 3-26-2013.pdf
documents. Ground Lease
Agreement between The State of
North Carolina (Lessor) and
Gateway University research
Park, Inc. (Lessee) was
received. |
|
 |
 |
Disposition by Lease:
Lessor : State of North
Carolina
North Carolina Agricultural and Technical
State University and
University of North Carolina at Greensboro
Lessee: Gateway
University Research Park
Area: Joint Millennial Campus, Greensboro
consisting of a North Campus and a South
Campus. |
|
|
Lease
Ground lease Agreement between
The State of North Carolina
(Lessor) and Greensboro Center
for Innovative Development
(Lessee) for Joint Millennial
Campus Greensboro, North
Carolina. Land 1.1.3 The two
separate tracts or parcels of
real estate, denominated the
North Campus and South Campus
and collectively comprising the"
Joint Millennial Campus",
homonymic terminology was
consistent Chancellor Sullivan
and Renick Sept. 24, 2003
proposed Joint Millennial Campus
and alleged Board of Governors
alleged Oct. 10, 2003 designated
JMC obfuscated lease real estate
wasn't statutory (NCGS. §
116-198.34. (8b) designated JMC. |
|
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: |
|
1.1.3. Land. The two
separate tracts or parcels of
real estate, denominated the
“North Campus” and the “South
Campus” and collectively
comprising the “Joint Millennial
Campus” situated in or near the
City of Greensboro, Guilford
County, North Carolina. |
|
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During the
term, ownership of the
Improvements constructed or
renovated by or on behalf of the
Lessee or its sublessee on the
Premises shall be in the Lessee
or it sublessee, as appropriate.
Upon the expiration of the
Lease, ownership of the
Improvement constructed or
renovated by or on behalf of the
Lessee or its sublessee shall be
in the Lessor. |
|
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Article II Land, Term and
Use, 2.4 Assignment and
Subleasing (b) Neither the
Lessee nor any sub lessee may
sublet for a term of more that
ten (10) years space within any
improvement not or hereafter
located on the Land comprising
the Premises, without the prior
written consent of the Lessor
after approval by the Governor
and Council of State, emphasis
added. |
|
Article II Land, Term
and Use, 2.4 Assignment
and Subleasing (b)
Neither the Lessee nor
any sub lessee may
sublet for a term of
more that ten (10) years
space within any
improvement not or
hereafter located on the
Land comprising the
Premises, without the
prior written consent of
the Lessor after
approval by the Governor
and Council of State, emphasis
added. |
 |
 |
Article II Land, Term
and Use, 2.4
incorporates by default G.S.
116-198.34(5)
exemptions, Lessee
and sub lessee exemption
from obtaining prior
written consent of the
Lessor after approval by
the Governor and Council
of State for subleases
for space less than ten
(10) years. |
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NC
A&T State University
Board Meetings Material
alleged: Public Private
Partnership with A&T,
UNCG and Gateway
Research Park, Inc.
since 2003-2004; An
approved Joint
Millennial Campus by the
UNC Board of Governors
in 2003; Gateway
Research Park, Inc.
provides operational
oversight and owns the
assets. |
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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 and not
recognized as Joint
Millennial Campus |
|
Original
Message from
Terrance
Feravich to
John Web
cc Robert
nelson: John
R. Merrill sent
August 14,
2005

Joseph
Henderson
wrote:
Terry
We can deal
with the new
building
under our
existing
procedures.
Let's not
let the
proposed
lease get in
the way of
that.
My
view of the
proposed
lease is
that the
General
Assembly
limited the
millennial
campuses to
space leases
not
exceeding
ten years. I
was present
at the
committee
meetings and
have an
understanding
of the
concerns at
that time
and why the
ten year
limit was
imposed and
the Council
of State was
kept in the
process. I
can't
support an
action (this
lease) that
circumvents
the general
assembly's
intent.
There are
number of
ways to
provide for
the
effective
administration
of this
campus other
that the
proposed
lease.
Emphasis
added. |
|
|
Lucien
Capone [UNCG
attorney]
email dated
09.07/2006
to Don
teeter NC
Dept. of
Justice,
Subject
Joint
Millennial
Campus
ground lease
: Item (2)
The statute
proving an
exception
from
Governors
and Council
of State
approval for
space leases
of 10 years
or less is
G.S.
116-198.34(5). |

|
|

|
Statute G.S. 116-198.34(5) says: |
|
To acquire, hold, lease, and dispose of real and personal property in the exercise of its powers and the performance of its duties hereunder and to lease all or any part of any project or projects and any existing facilities upon such terms and conditions as the Board determines, subject to the provisions of G.S. 143-341 and Chapter 146 of the General Statutes. |
|
Notwithstanding G.S. 143-341 and Chapter 146 of the General Statutes, a disposition by easement, lease, or rental agreement of space in any building on the Centennial Campus, on the Horace Williams Campus, or on a Millennial Campus made for a period of 10 years or less shall not require the approval of the Governor and the Council of State. All other acquisitions and dispositions made under this subdivision are subject to the provisions of G.S. 143-341 and Chapter 146 of the General Statutes. |
|
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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 |
|
GCID
Executive
Director
John
Merrill,
UNCG
Board
of
Trustees,
UNC
Board of
Governors
knew or
should
have
known
ground
lease
was for
property
identified
as the
JMC and
not UNC
Board of
Governors
designated
JMC, therefore exception
from
Governors
and
Council
of State
approval
for
space
leases
of 10
years or
less, G.S.
116-198.34(5),
did not
apply to
alleged
lease. |
|
Received from State Property Office: 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 didn't indicated JMC was designed by UNC BOG. |
|
Action Item background information says " in order to facilitate the GCID ability to perform its role as managed/developer it was determined by counsel for the universities and the GCID to pursue a master lease for the properties identified as the JMC by university counsels, GCID, and General Administration, emphasis added. |
|
Action item background information: |
|
- Timeline from Feb. 2003 through Feb2, 2006 does not indicated JMC was designed by UNC BOG,
|
|
- In order to facilitate GCID 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,
|
- Properties Identified as the JMC consist of owned by the State of North Carolina ( Approximately 75 acres at the former Central North Carolina School for the Deaf and 75 acres adjacent to the NC A&T farm, and
|
- This document has also been reviewed by the Office of the President [ Erskine Bowles Office]
|
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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
|
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."
|
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. |
|
 |
|
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."
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."
|
|
GCID
Executive
Director
John
Merrill,
UNCG
Board
of
Trustees,
UNC
Board of
Governors
knew or
should
have
known
ground
lease
was for
property
identified
as the
JMC and
not UNC
Board of
Governors
designated
JMC,
and exception
from
Governors
and
Council
of State
approval
for
space
leases
of 10
years or
less
G.S.
116-198.34(5)
did not
apply to
alleged
lease. |
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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. See Certified |
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Alleged Aug. 22nd, 2003 NC A&T Board of trustees Resolution : In Support of the Creation of a Joint Millennial Campus between NC A&T and The University of North Carolina at Greensboro maybe bogus. |
|
Dr. Gerald L. Truesdale and Dr. Velma Speight-Buford certified alleged August 22, 2003 NC A&T Board of Trustees resolution as Vice Chair and Secretary of the Board of Trustees. NC A&T State Audit Report Ended June 30, 2003 lists Ralph K. Shelton as Chairman and Dr. Velma R. Speight as Vice Chairman. University publications A&T Today Volume 6, Number 1, Fall 2002 and Volume 5, Number 2, WINTER 2002 concur with the State Audit report listings Ralph K. Shelton as Chairman, Dr. Velma R. Speight as Vice Chairman and Gerald Truesdale-Secretary. |
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 NCGS 116-198-34(8b) 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. Furthermore, the Board of Governors has found that creating the constituent institution’s Millennial Campus will enhance the university’s research, teaching, and service missions, as well as enhance the economic development of the region served by the institution. Video |
|
Adopt Section 600.1.6 of the UNC Policy Manual, Policy on Millennial Campuses |
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 |
 |
|
Situation: The UNC Policy Manual does not address the Board’s authority for the Centennial Campus, the Horace Williams Campus, and additional millennial campuses. The proposed Section 600.1.6 of the UNC Policy Manual will
define the Board’s authority in support of G.S. 116-198.31. Emphasis added. |
|

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116-198.31:The purpose of this Article is to authorize the Board of Governors of The University of North Carolina to issue revenue bonds, payable from any leases, rentals, charges, fees, and other revenues but with no pledge of taxes or the faith and credit of the State or any agency or political subdivision thereof, to pay the coast, in whole or part, of buildings, structure, or other facilities for the Centennial Campus, located at North Carolina at Chapel Hill, and the Horace Williams Campus located at the University of North Carolina at Chapel Hill, and for any Millennial Campus as defined by G.S. 116-198.33(4b). |
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 |
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NCGS 116- 198.33(4b) (2000) : The term "Millennial Campus" means all real property designated by the Board of Governors as part of a Millennial Campus of a constituent institution of The University of North Carolina |
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 |
Appalachian State University Oct 9, 2018 requested an expansion of an alleged designated millennial campus. Assessment: The Millennial Campus concept has been widely and successfully used by N.C. State, UNC-Chapel, N.C. A&T/UNC Greensboro, Appalachian, ECU, UNC Charlotte, UNC Wilmington, and WCU, The UNC Policy Manual does not address the Board’s authority for the Centennial Campus, the Horace Williams Campus, and additional millennial campuses. The proposed Section 600.1.6 of the UNC Policy Manual will
define the Board’s authority in support of G.S. 116-198.31. Emphasis added. Unambiguous alleged designation of Millennial Campuses were pursuant the Board authority in support of G.S. 116-198.31. |
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 Unambiguous no statutory NCGS: 116-198.34. (8b)NC A&T/ UNCG Joint Millennial Campus was designated Oct. 10, 2003 enabling Greensboro Center for Innovative Development, Inc. to administer the educational, research, and economic development mission of a Joint Millennial Campus and lawfully leased to Gateway Research Park, Inc.;
N.C. G.S. 116-198.34(5) 10-year Space lease exemptions did not apply. |
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[2] Ribbon Cutting Sets Gateway Project in Motion, The Aggie Report VOLUME EIGHT - NUMBER TWENTY - MAY 25, 2007 |
[3] A&T CHANCELLOR PLANS TO RETIRE: FORT: GOALS COMPLETE, Greensboro News & Record - Friday, May 29, 1998 , BETH MCMURTRIE Staff Writer |
[13] Nanobiotechnology Center of Innovation North Carolina Biotechnology Center 20/11/2007 |
[15] High Research Activity The Scientist http://www.the-scientist.com/2007/03/01/s31/ |
34] letter dated November 20, 2008 to Dr. Beele Wheelan, President Commission on Colleges, SACS allegedly by Alton Thompson (NC A&T) and David Perrin (UNCG |
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All Rights Reserved |
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