GCID Ground Lease for Identified JMC NC A&T/UNCG NCGS:116-198.34 (8)  JMC Fraud

   
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. September 2004 the university celebrated the sighing of a partnership 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. University publications A&T Today Fall 2004 didn't carry an article about the signing of the Memorandum of Understanding with the USDA it did carry an article that says NC A&T and UNCG are creating a Joint Millennial Campus .Sept. 2005 First Regular Schedule Board NC A&T Board of Trustees Executive Session..  [ A&T Chancellor 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 . John Merrill, Its [lease] a bankable deal because its the federal government we can go to a bank " Audio  ...
 
"It jump-start the research at A&T and UNC-Greensboro's planned joint Millennial Campus, he [Kirkman] said" [NC A&T Lands Center for studying conservation Sept. 20, 2004. http://digtriad.com/news/local/story.aspx?storyid=30943 ] UNCG Academic Affair Annual Report 2005 Lease negotiations with the USDA continue to move forward, however the pace is much slower than hoped. Formal negotiations will be performed by the General Services Administration (GSA) in conjunction with USDA staff in Texas. We anticipate negotiations will begin as soon as the GSA hires a realtor for the transaction . With the assistance of Camile Kluttz-Leach, skip Capone, Lee Llody, Bo Rodenbough (Lee and Bo are both from Brooks Pierce - Greensboro Attorney and UNC Board of Governor member Jim Phillips, Jr. is a partner in Brooks Pierce), staff from GA, we have develop a draft ground lease . (GCID 4.2)
   
   
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.
 
Ground Lease Agreement between the State of North Carolina (Lessor) and Greensboro Center for Innovative Development, Inc. (GCID) (Lessee) was
 
created around Nov. 2005. With the assistance of Camille Kluttz-Leach, Skip Capone, Lee Lloyd, Bo Rodenbough (Lee and Bo are both from Brooks Pierce),  staff from GA, we have developed a draft ground lease using the Centennial  Campus ground lease and other University-affiliated ground leases as models. Following approval from the State Property Office, the Boards of Trustees of UNCG and NC A&T will need to approve the ground lease and formally request approval by the UNC Board of Governors. Following BOG approval, the State Property Office will recommend approval to the Attorney General’s office, which will then recommend the lease for signature by the Governor and the Council of State. (GCID, 4.2) UNCG DIVISION OF ACADEMIC AFFAIRS ANNUAL REPORT 2005 Calendar Year ] (emphasis added)
     
Published at northcarolina.edu Greensboro Attorney Jim W. Phillips, Jr. Committee Budget and Finance Chair speaking before Board of Governors  that the Boards of Trustees at North Carolina A&T State University and the University of North Carolina at Greensboro requested that the land formerly designated for the Central School for the Deaf and allocated to the Board of Governors by the 2003 Session of the General  
Assembly and a 75- acre parcel of land currently comprising a portion of the North Carolina A&T State University Farm be designated as a joint millennial campus, allegedly approved Oct. 10, 2003.
     
§ 116-198.33. Definitions (4b) 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. Ground Lease Real Estate -section 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.., more specifically described in Exhibit A attached hereto and incorporated herein by reference (the "Land").  Attachment EXHIBIT A Legal Description of the Land [To be inserted] is blank.- not the land reallocated to the Board of Governors and 75- acre parcel at North Carolina A&T State University alleged Designated as a Joint Millennial Campus Oct. 2003. Nor John R. Merrill Feb 10, 2006 email to Tommy. Cline Subject Ground Lease Real Estate (the former Central North Carolina School for the Deaf and a similar size parcel adjacent to the NC A&T farm property).   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.
   

 

Privatizing University of North Carolina
University Official in 2003 Lack Authorization to Create University Related Non-profit
Rewinding to May 19, 1999, UNCG Chancellor Patricia Sullivan and NC A&T Chancellor Edward Forte signed Knowledge Based Economic Development An affiliation Agreement Between North Carolina Agricultural and Technical State University and The University of North Carolina At Greensboro calling for Creation of a Center and Foundation established as a nonprofit corporation. The affiliation agreement called NC A&T and UNCG to take steps to facilitate the creation of a Foundation for Knowledge Based Economic Development - established as nonprofit corporation - whose purpose will be to receive, hold, and invest private monies, royalties and other non-public grant proceeds which maybe given to or derived from the research and development activities conducted under agreement.

August 6, 2003 Universities Chancellors Dr. Patricia Sullivan and Dr. James Renick signed off on Articles of Incorporation of Nonprofit Greensboro Center for Innovative Development, as Natural persons. Chancellor's document dated Sept. 22, 2003 stated "To aid in the creation of a Joint Millennial Campus, a nonprofit corporation will be established to manage the Campus and any Joint ventures with private business that may occur there. Universities' Resolution dated, Aug. 22, 2003 and Aug. 28, 2003 : In Support of the Creation of a Joint Millennial Campus calling for creation of a nonprofit to management the Joint millennial Campus and be designated to accept transfer of the North Carolina School for the Deaf from the UNC Board of Governors.
 
UNCG attorney Lucien Capone in document dated 09/07/2006 to Drteeter@ncdoj.gov stated: Statue authorizing creation of nonprofit G. S. 116-30.20 (2005-276,s.9.22 ) provides The Board of Governors of The University of North Carolina shall encourage the establishment of private, nonprofit corporations to support the constituent institutions of The University of North
Carolina and The University System. N.C. G. S. 116-30.20 (2005-276,s.9.22 ) was enacted August 2005 with Board of Governors authorization for senior University administrative officials to establish nonprofits embodied in The UNC Policy Manual 600.2.5.2[R] University-Associated Entity adopted 11/16/2005.
Members of the Guilford County Legislative Delegation Senate Appropriations Chair Kay Hagen and House Appropriations (Big) Chair Maggie Jeffus co-sponsored identical " forerunners legislation of G. S. 116-30.20.
 
 
 
 

N.C. G. S. 116-30.20 (2005-276,s.9.22 ) is Unconstitutional
N.C. G. S. 116-30.20 (2005-276,s.9.22 ) Establishment of private, Nonprofit Corporations
The Board of Governors of The University of North Carolina shall encourage the establishment of private, nonprofit corporations to support the constituent institution of The University of North Carolina and The University System. The statue does not define what constitute "support" therefore arbitrary, capricious and vague. Example § 116-198.33. Definitions. (4b) 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 other than North Carolina State University or the University of North Carolina at Chapel Hill.
Article IX Sec. 9. of the NC Constitution of the State declares: The General Assembly shall provide that the benefits of The University of North Carolina and other public institutions of higher education, as far as practicable, be extended to the people of the State free of expense. Statue : The President of The University of North Carolina and the chancellors of the Constituent institutions may assign employees to assist with the establishment and operation of a nonprofit corporation and may make available to the corporation office space, equipment, supplies, and other related resources, provided, the sole purpose of the corporation is to support The University of North Caroline or one or more of its constituent institutions.
     
First Regular NC A&T Board of Trustees Meeting Sept. 21,2005 minutes, indicate Dr. Speight-Buford reported that during Closed Session, the Board approved the Management Services and Development Agreement between [nonprofit] Greensboro Center for Innovative Development, Inc. and North  
Carolina Agricultural and Technical Sate University and The University of North Carolina at Greensboro. "MSDA"
Executive Session Minutes allege, Kluttz-Leach presented the Management Services and Development Agreement between Greensboro Center for Innovative Development, Inc. and North Carolina Agricultural and Technical State University and The University of North Carolina at Greensboro for Board consideration. Allegedly, she briefly shared that the purpose of the agreement is to recognize GCID as an independent contractor so that the center can manage all necessary services and facilities that will be developed at the Joint Millennial Campus. [Video-Audio]  She noted that the agreement has been reviewed and approved by the UNC Office of the President Legal Counsel as well as having been approved by the UNC Greensboro board of Trustees.  
Fast forwarding four months to Feb. 2nd 2006, UNCG Board of Trustees Action Item : Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T was consider whose background information indicated the MSDA formally established a relation between the Greensboro Center for Innovative Development and the Universities underlining that when Nonprofit GCID was established Oct. 2003 by University .  
officials it was not university affiliated.
Sept 2005 NC A&T and UNCG Board of Trustee approval of the MSDA preceded UNC Board of Governors enactment of UNC Policy Manual 600.2.5.2[R] pertaining to nonprofits therefore MSDA agreement was void.
G. S. 116-30.20 (2005-276,s.9.22 ) was enacted August 2005 with Board of		  
Governors authorization for senior University administrative officials to establish nonprofits embodied in The UNC Policy Manual 600.2.5.2[R] University-Associated Entity adopted 11/16/2005.
For example notwithstanding A&T's 2001 Master Plan update calling for establishing university Millennial Campus at farm, credited in the media as the work of UNCG district NC Senator Kay Hagan (UNCG Greensboro) June 30, 2003 General Assembly, Session Law 2003-2984,Section 6.20 reallocated former Central School of the Deaf 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. UNC Board of Governors Committee for Budget and Finance July 2003 recommend Law
 
2003-2984,Section 6.20 Transfer of Land for the Millennium Campuses of UNC Greensboro and NC A&T State University for UNC Board of Governors consideration.
     
GCID (Corporation) did not the Required Elements of University-Associated Entity Relationship, UNC Policy Manual 600.2.5.2[R] -Required Elements of University-Associated Entity Relationship : An “Associated Entity” means any foundation, association, corporation, LLC, partnership or other non profit entity that was established by officers of the University, that is controlled by the University. Executive Session Minutes allege, Kluttz-Leach presented the Management Services and Development Agreement between Greensboro Center  
for Innovative Development, Inc. and North Carolina Agricultural and Technical State University and The University of North Carolina at Greensboro for Board consideration. Allegedly, she briefly shared that the purpose of the agreement is to recognize GCID as an independent contractor. MSDA Section I. Relationship to Parties,
  • (A) GCID is a separately incorporated nonprofit organization,
  • (B) The Board of Directors of GCID shall manage the business affairs of GCID.
  • (C) In carrying out its duties and responsibilities under this Agreement GCID will act at all times as an independent contractor of the Universities, and nothing here shall be construed as making GCID an employee, partner, agent or joint venturer of the Universities or vice-versa.

therefore not University control as required by UNC Policy Manual 600.2.5.2[R]

 

 

 

 
   
Feb. 2nd 2006, UNCG Board of Trustees Action Item : Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T
 

UNCG Board of Trustees Business Affairs Committee Feb. 2, 2006
UNCG Trustees Business Affairs Committee minutes allege Philip Richman advised the Board that the School of the Deaf property became available in 2002. NC A&T and UNCG asked that the property be transferred to the campuses which formed the Joint Millennium Campus. In order to manage the property the GCID was created to enhance facility development and new building for the two sites. Mr. Richman asked John Merrill to speak to the specifics of the lease. John 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 NC A&T. The USDA is a possibility for the anchor tenant.
UNCG Trustees Business Affairs Committee minutes allege Philip Richman, vice chancellor for UNCG business affairs, advised the Board that the School of the Deaf property became available in 2002. NC A&T and UNCG asked that the property be transferred to the campuses with formed the Joint Millennium Campus without a word pertaining to NC A&T Farmland. 
 
The details of the lease were reviewed by Skip Capone for UNCG and Leslie Winner for General Administration.  All details of the lease have been reviewed  beyond the campuses. The template was designed by Skip Capone, Leslie Winner  and representatives 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. Tom Ross moved to approve the recommendation. William Pratt seconded the motion and it was unanimously approved for recommendation to the full Board.
allegedly attending-Business Affairs: Hudnall Christopher, Jr., Thomas Ross, William Pratt : Board Members and Guests: Kemp Allen, Kate Barrett, Alan Boyette, Mike Byers, James Clotfelter, Karen Core, Crista Cuccaro, Jean Davis, Exandra Dempsey, Howard Doyle, Carolyn Ferree, Dan Fisher, Steve Gilliam, Jill Goodman, Stephen Hassenfelt, Donna Honeycutt, Davis Lumpkin, Karen McNeil-Miller, John Merrill, Sharlene O’Neil, Jen Palancia Shipp, Fred Patrick, Steve Rhew, Philip Richman, Bo Rodenbaugh-Brooks Pierce, Jonathon Rosamond, Gary Rosenkrantz, Yvonne Ross, Angela Scott, Don Skeen, Patricia Stewart, Reade Taylor, Patricia Sullivan, Edward Uprichard, Lenita Withes-News and Record, and Jonas Wortel
     
Feb. 2nd 2006, UNCG Board of Trustees Action Item : Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T was consider ;whose purposed was to pursue a master Lease for properties [Identified] as Joint Millennial Campus by counsel for the universities and GCID; Lease had been reviewed by (Bowles) Office of the President. Background timeline from Feb 2003 to Sept. 2005 and beyond indicated Joint Millennial Campus wasn't designated. UNCG Trustees Business Affairs Committee Feb. 2, 2006 minutes says all the details of the lease were reviewed by Leslie Winner, Financial Department in General Administration,  Unequivocal:
  • UNCG Board of Trustees Action Item Identified JMC] the former Central North Carolina School for the Deaf and approximately 75 acres adjacent to the NC A&T farm
  • [ alleged UNC BOG Oct. 2003 designated JMC] Formerly the Central School for the Deaf and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm

constitute the same property depicted as Identified Joint Millennial Campus.
     
MINUTES BOARD OF TRUSTEES The University of North Carolina at Greensboro February 2, 2006 , REPORT OF THE BUSINESS AFFAIRS COMMITTEE Chair Christopher F. Hudnall Christopher, Jr. gave the report of the Business Affairs Committee.
4. That the Board of Trustees of The University of North Carolina at Greensboro approve the Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T and recommend approval to the Board of Governors.
Allegedly,  Present Kate R. Barrett, F. Hudnall Christopher, Jr., Earlene Hardie Cox, Jean E. Davis, Exandra Dempsey, Carolyn R. Ferree,
Stephen C. Hassenfelt, Karen McNeil-Miller, William J. Pratt, Thomas W. Ross. Staff/Guests in Attendance James Clotfelter, Information Technology Services,Karen Core, Staff Council, Carol Disque, Student Affairs, Howard Doyle, Facilities Design and Construction, Ann Fitzmaurice-Russ, Alumni Affairs, Steve Gilliam, University Relations, Jill Goodman, Business Affairs, Judge A. Robinson Hassell, Dave Lumpkin, Business Affairs, John Merrill, Director, GCID, Sharlene O’Neil, Chancellor’s Office, Fred Patrick, Facilities Design and Construction, Phil Richman, Business Affairs, S. Leigh Rodenbough, Attorney, GCID, Gary Rosenkrantz, Chair, Faculty Senate, Yvonne Ross, Chancellor’s Office, Angela Scott, Staff Council, Patricia W. Stewart, University Advancement, Patricia A. Sullivan, Chancellor A. Edward Uprichard, Provost and Vice Chancellor for Academic Affairs, Lanita Withers, News & Record
     
   
This investigative report conducted through public record request found material contradictions between requested records received pursuant NC A&T Board of Trustees Feb. 15, 2006 consideration of the GCID Ground Lease Agreement.
University disposal of land by lease, Ground Lease Agreement between the State of North Carolina and Greensboro Center for Innovative Development (GCID) was presented for approval at NC A&T Board of Trustee Meeting Feb. 15, 2006 . Board of Trustees' Regular meetings shall be held four (4) times yearly on the third Friday of the months of September, November, February and April. Third Regular Board of Trustees Minutes 02/15/06 minutes, allegedly Ground Lease Agreement between the State of North Carolina and Greensboro Center for Innovative Development (GCID), Constituting university disposal of land by lease, was presented for approval at NC A&T Board of Trustee Meeting Feb. 15, 2006. Allegedly, Mr. Merrill presented a Ground Lease Agreement between the State of North Carolina and Greensboro Center for Innovative Development (GCID). Copies of the agreement were pass around to the Board. He was 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. Allegedly:
  • Third Regular Board of Trustees Minutes 02/15/06 minutes, Mrs. Bruce made a motion for approval of the Agreement. Dr. McCain then made a substitute motion to delay approval of the Agreement at least until the Executive Committee of the Board has an opportunity to thoroughly review it and received input from the Board. He intimated that he felt strongly about the Board members needing time to review the before casting their vote. The motion was seconded by Mr. Clements and was carried by majority vote-five members voted in favor of the delay, four members opposed with two members abstaining from the vote. Chairwoman Speight-Buford said that she would meet with the Executive Committee for a few minutes immediately following the Board meeting regarding this matter. she thanked Mr. Merrill for his presentation and noted that she would follow up with him about the Board's decision as soon as possible.
 
  • Fourth Regular Board of Trustees Minutes 04-19-06 Executive Committee (Report) says " Chairwoman Speight-Buford reported that at the February Board meeting a resolution regarding the GCID Ground lease Agreement was presented for approval. However, because the Board had not had an opportunity to review the document prior to Mr. Merrill's presentation and request for approval, Chairwoman Speight-Buford, with the consensus of the members, decided to table the vote on the item. It was agreed that the resolution would be further the Executive committee and approved or disapproved by electronic vote-facsimile or email-following a through review of the agreement. Chairwoman Speight-Buford shared that the Executive approved the GCID Ground Lease Agreement by unanimous decision. Note The agenda for a regular or special meeting of the Board of Trustees shall be prepared by the Chancellor (Renick) or his staff, in consultation with the Chair [Speight-Buford]. . [NC A&T BOT Bylaws]
  • 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. Please indicate your response below and fax it back to Mrs. Fails at 336-334-7082.
 
 
 
 
  • February 15, 2006 NC A&T Board of Trustees Executive Committee Post Meeting, Following his presentation, Chairwoman Speight-Buford entertained a motion for approval of the agreement. A motion was made by Mrs. Bruce to approve the Agreement: however, Dr. McCain made substitute motion to delay the vote of approval of the Agreement until the Executive Committee had time to thoroughly review the document. 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. Chairwoman Speight-Buford asked the Executive Committee members to take the next few days to review the document and she would contact them on Monday, February 20, to solicit their vote on the agreement. The Executive Committee unanimously agreed to the voting arrangements. 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 (Lessee) for Joint Millennial Campus.
 

Ground Lease Agreement between the State of North Carolina and Greensboro Center for Innovative Development (GCID), Feb. 15, 2006 was presented for Approval at NC A&T Board of Trustee Meeting. Documents presented to the Board of Trustees when considering was Ground Lease Agreement and Resolutions : In Support of

Speight-Buford

McCain
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]
 
Allegedly, Mr. Merrill presented a ground Lease Agreement between the State of North Carolina and Greensboro Center for Innovative Development 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. NC A&T-PR]
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 other than North Carolina State University or the University of North Carolina at Chapel Hill. § 116-198.33. Definitions. (4b).
NC A&T Resolutions: In Support of the Creation of a Joint Millennial Campus between NC A&T and UNCG 20120327105608787.pdf]] dated August 22nd 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.
 
He [Merrill] further noted that Legal counsel from A&T and UNCG were consulted to ensure that the document was legally sound. Rewinding five months to NC A&T Board of Trustees First Regular Schedule Meeting Executive Session Minutes Sept. 21, 2005. Resolution for Recommendation to Annex North Carolina A&T State University Farm into the City Limits of Greensboro was considered. University Attorney Mrs. Kluttz-Leach presented the Resolution for Board consideration. Minutes indicate "She provided background information about the 75 acres". Audio Recording of Closed session [NCA&T - PR], indicate Counsel Kluttz-Leach said "In creating the Millennial Campus ....North Carolina A&T set out about 75-acres at the farm for the joint Millennial Campus" in contradiction to NC A&T Resolutions: In Support of the Creation of a Joint Millennial Campus between NC A&T and UNCG at dated Aug. 22, 2003.[20120327105608787.pdf]. Resolutions says Whereas the General assembly has made provision for transfer of the North Carolina School for the Deaf to the UNC Board of Governors, specifically for the purpose of establishing a Joint Millennial Campus without without a syllable pertaining to a 75-acre parcel of land on NC A&T farmland, unambiguous contradict Counsel Kluttz-Leach statement "In creating the Millennial Campus ....North Carolina A&T set out about 75-acres at the farm for the joint Millennial Campus". Chancellor Renick who recommended Resolution : In Support of the Creation of a Joint Millennial Campus nor Speight-Buford who signed the document as secretary corrected Counsel Kluttz-Leach statement "In creating the Millennial Campus ....North Carolina A&T set out about 75-acres at the farm for the joint Millennial Campus" knew or should have known the Board of Trustees' were being mislead.
 
Resolutions : In Support of the Creation of a Joint Millennial Campus between NC A&T and UNCG [ 20120327105608787.pdf]
 
Allegedly, He [Merrill] noted that on February 2, the Ground Lease Agreement was presented to the Board of Trustees at UNCG and was approved. Feb. 2nd 2006, UNCG Board of Trustees Action Item : Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T was consider ;whose purposed was to pursue a master Lease for properties [Identified] as Joint Millennial Campus by counsel for the universities and GCID not UNC Board of Governors designated millennial campus.
 
UNCG Board of Trustees Action Item contained no statement affirming Real Estate was designated by the board of governor whose background timeline from February 2003 through Sept. 2005 unambiguous evidence no Joint Millennial Campus was designated as alleged.
 
Background Information indicate MSDA section I.F state, " the Universities shall lease to GCID any or all property designated as the JMC not property determined by counsel for the universities and the GCID as the JMC. Identified JMC was
land owed by the state of North Carolina approximately 75 acres of existing space at the former Central north Carolina School for the Deaf and approximately 75 acres adjacent to the NC A&T farm.
 
Ground Lease Real Estate[ section 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.., more specifically described in Exhibit A attached hereto and incorporated herein by reference (the "Land"). Attachment EXHIBIT A Legal Description of the Land [To be inserted] was blank.
   
Third Regular Board of Trustees Minutes 02/15/06 minutes, Mrs. Bruce made a motion for approval of the Agreement. Dr. McCain then made a substitute motion to delay approval of the Agreement . He intimated that he felt strongly about the Board members needing time to review the before casting their vote. The motion was seconded by Mr. Clements and was carried by majority vote-five members voted in favor of the delay, four members opposed with two members abstaining from the vote.
 
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.
 
Fax dated 2-21-06 BOT Chair Speight-Buford to Ms Fails says "Janese, this is just a ample of the the type of memo I want to sent the Executive Committee. Please do any revision you feel appropriate, initial for me and send by fax. to Executive committee "I have not received any information since the Board meeting so I am assuming all are in agreement. Would you please indicate your response and fax back to Mrs. Fails.
We need a record for this approval."
 
Chairwoman Speight-Buford/ Fails February 22, 2006 Memorandum to Executive Committee says " By majority vote, the Board decided that more time was needed to review the document I [Chair Velma Speight-Buford] announced that I would seek approval of the document by way of the Executive Committee. NC A&T Board of Trustees Bylaws contained no provision by which Executive committee acting alone had authority to approve Ground Lease Agreement tabled in Feb. 2006 Third Regular BOT Meeting Executive Session by BOT majority vote. Power to Vote : All members of the Board of Trustees may vote on all matters coming before the Board for consideration, but no member may vote by proxy. No vote concerning any matter under consideration by the Board of Trustees or by a committee of the Board of Trustees may be cast, in absentia, or by mail,
 
First Regular Meeting Sept. 21,2005 of NC A&T Board of Trustee minutes Report of the Executive Committee stay Chairwoman Speight-Buford stated that the Committee met via teleconference to discuss two personnel items, one
property matter, and to authorize the university to conduct a feasibility study regarding a new program area that needed Board approval to be moved forward. Dr. Speight-Buford called for a motion to ratify the actions items approved by the Executive Committee ..
Third Regular Board of Trustees Minutes 02/15/06 minutes, Chairwoman Speight-Buford said that she would meet with the Executive Committee for a few minutes immediately following the Board meeting regarding this matter. Speight-Buford fax dated 02.21.2006 says I have not received any information since the Board Meeting [Feb 21 06 ] when considered with Minutes indicate a meeting of the Executive Committee took place Feb. 15, 2006 and that no vote was taken at that time.
Meetings : The regular meetings shall be held four (4) times yearly on the third Friday of the months of September, November, February and April. Special Meetings of the Board of Trustees may be called by the Chair at his or her discretion . A notice specifying the date, time, and place of a special meeting of the Board of Trustees shall be mailed or transmitted electronically by the Secretary to each member of the Board of Trustees at least ten days in advance of the date of the meeting.
The Board in special session may not :

revoke, alter or amend any order, policy, resolution or vote done, made or adopted at any regular meeting, unless that action is voted for at the special meeting by two-thirds of the authorized membership of the Board of Trustees; in absence of such two-thirds affirmative vote, any order, vote, policy, resolution or other act done, made or adopted at a special meeting that is contrary to or at variance with any order, vote, policy, resolution or other act done at a previous regular meeting shall be null, void and of no effect.
 
 
NC A&T Board of Trustees Fourth Regular Meeting was held April. 19, 2006. Board of Trustees' Member John Becton Executive Committee Memorandum Fax vote was sent on April 19, 2006 and return the same day.
 
Allegedly Executive Board Member Henry Isaacson voted FEB. 22, 2009 in Feb. 2006 GCID Lease vote . Alleged Isaacon fax didn't contain a fax number.
February 15, 2006 Executive Committee Posting Meeting document authored by Janese A. Fails Recorder says ""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" a material false statement. BOT Bylaw : The Secretary or Assistant Secretary shall attest to the execution by the Chair of all legal documents and instruments of North Carolina Agricultural and Technical State University.
Public records indicated Lease Fax vote took place between Feb. 22, 2006 thru April 19, 2006, ending with alleged Mr. Henry Isaacson FEB. 22, 2009 Fax who left the Board of Trustees June 30, 2007 contradicting Ms. Fails claim of an unanimous Executive Committee Feb 22, 2006, vote approving GCID Ground Lease.
Without considering whether the post Feb. 15, 2006 meeting of the Executive Committee Meeting constituted a Special Meeting, excluding alleged Isaacon Feb 22, 2009 vote after he left the Board of Trustees June 30, 2007, the fact only seven members Board of Trustees members voted to approved GCID Ground Lease failed two-thirds requirement of the (12) authorized members on Board of Trustees requirement to over turn Feb. 15 2006 Third Regular Board of Trustees majority vote decision - in absence of such two-thirds affirmative vote, any order, vote, policy, resolution or other act done, made or adopted at a special meeting that is contrary to or at variance with any order, vote, policy, resolution or other act done at a previous regular meeting shall be null, void and of no effect. [Meetings] February 15, 2006 By majority vote, the Board decided that more time was needed to review the document [Ground Lease Agreement] .
     
NC A&T Executive Committee Post Meeting Minutes dated February 15, 2006 received from the Department of Administration and NC A&T certified by Recorder Janese A. Fails which say " 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", a false statement.
   
Vote by Executive committee was conducted by fax from February 22, 2006 thru April 19, 2006 ending with Executive Committee member John Becton's fax, unambiguous voting in absentia, contradicting Ms Fails statement "On February 22, 2006, the Executive Committee unanimously approved the Ground Lease Agreement" constituting fraud and false claim.
   
NC A&T February 15, 2006 NC A&T Board of Trustee Meeting Minutes say, Once both Boards have approved the lease, it will then be forwarded to the Board of Governors for approval then to the State Property Office for approval,
 
   
then to Council of state for approval, and lastly to the Governor. State property forms for requesting acquisition or disposal of property by lease says complete if Agency has a Governing Board. Ms. Fails February 15, 2006 Executive Committee Posting Meeting document was sent to State Property Office.
     
Fourth Regular Board of Trustees Minutes 04-19-06 Executive Committee (Report) says " Chairwoman Speight-Buford reported that at the February Board meeting a resolution regarding the GCID Ground lease Agreement was presented for approval. However, because the Board had not had an opportunity to review the document prior to Mr. Merrill's presentation and request for approval, Chairwoman Speight-Buford, with the consensus of the members, decided to table the vote on the item. It was agreed that the resolution would be further the Executive committee and approved or disapproved by electronic vote-facsimile or email-following a through review of the agreement. Chairwoman Speight-Buford shared that the Executive approved the GCID Ground Lease Agreement by unanimous decision. Note The agenda for a regular or special meeting of the Board of Trustees shall be prepared by the Chancellor (Renick) or his staff, in consultation with the Chair [Speight-Buford]. . [NC A&T BOT Bylaws] No Legitimate NC A&T Board of Trustees vote approved GCID Ground Lease.
 
Bowles Administration filed P0-1 form dated March 16, 2006 with the State Department of Administration pursuant GS. 146-28 requesting UNC System Acquisition by Lease for the purpose to Establish NC A&T & UNCG Joint Millennial Campus.