Sandy -new lease for Millennial Campus

We 'GCID' have a bid in hand for the USDA in Phase 1 and hope to have a lease in October.   At present  the information is in the State Property Office.
 
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.   [ 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  . Sept. 2005 First Regular Schedule Board NC A&T Board of Trustees Executive Session..  
 
"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
 
UNC Constituent Universities may acquire or dispose of property by lease. GENERAL POWERS AND DUTIES Property and Buildings : Any proposal involving the acquisition or disposition by the institution of any interest in real property shall be recommended by the Board of Trustees,.
NCGS. 146-28 [Agency must file application with Department: Department must investigate.] says 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
 
NCGS. 146-28 [Agency must file application with Department: Department must investigate.] says 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..
 
John R. Merrill, Executive Director Greensboro Center for Innovative Development, e-mail to Tommy Cline, dated Feb. 10, 2006 Subject Ground Lease-UNCG/NC A&T Joint Millennial Campus:

A couple of months ago, I mentioned we were working on a ground lease for the UNCG/NC A&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 NC A&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.

 
John Webb Manager Leasing and Space Planning email dated Feb. 6, 2006 allegedly responded no to Tommy Cline "Do you know anything about this?" referring to Merrill's forwarded email Ground Lease-UNCG/NC A&T Joint Millennial Campus. Although John Merrill, Tommy Cline, and John Webb would respond to a Draft Ground Lease the Draft Ground Lease would not be received pursuant public record requests to the State Property office. The Draft Ground Lease source was NC A&T.
 
Ground Lease Agreement between the State of North Carolina (Lessor) and Greensboro Center for Innovative Development, Inc. (GCID) (Lessee) was created around Sept.. 2005. With the assistance of Camille Kluttz-Leach, Skip Capone, Lee Lloyd, Bo Rodenbough (Lee and Bo are both from Brooks Pierce- UNC Board Jim Phillips, Jr. is a partner in 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) GCID's Attorneys (Lee Lloyd and Bo Rodenbough) work for the same law firm as Greensboro Attorney Jim Phillips, Jr. is a Partner
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.
 
Ms. Pam Strickland March 01, 2006 Investigating subject Joint Millennial Campus e-mail to John Merrill, Executive Director of then Greensboro Center for Innovative Development, stated" I'm a leasing agent with the State Property Officer and have been asked to obtain more information regarding the campus, plans and etc., while we are reviewing the ground lease you forwarded to "Tommy Cline".
 
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.
 
John Merrill March 14, 2006 email to Terrance Feravich Subject Ground Lease, Following up on the ground lease insure 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 can have the Chancellor's Office send you the minutes from the last BOT meetings approving the ground lease and I've attached a copy of the ground lease. I just need to take care of the PO1.
 
 UNC System [ Erskine Bowles Administration] Acquisition of Real Property by Lease DOA PO-1 form dated March 13, 2006, to Department of Administration for the purposes:
  • To establish a Joint millennial Campus for North Carolina A&T State University (NC A&T) and The University of North Carolina at Greensboro (UNCG)
  • for two parcels of State own land, Approximately 75 acres of property located adjacent to the NC A&T farm and located on Lee Street
  • Approximately 75 acres of property and facilities formerly known as the Central North Carolina School for Deaf

Unequivocal evidence UNC Board of Governors' false claim and fraud, allege Oct. 2003 NC G. S.: 116-198.34. (8b) designation NC. A&T/UNCG Joint Millennial Campus consisting of the former School for the Deaf property and 75-acre parcel on NC A&T farm land.

 
Erskine Bowles Administration recommended document Lease of Joint Millennial Campus - North Carolina A&T State University and The University of North Carolina at Greensboro [ Appendix C] to UNC Board of Governors fraudulently, knowingly and willing containing false claimed :
  • "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.
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 processed by the State Property Office.
 
NC GS § 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. (1957, c. 584, s. 6; G. S., s. 146-109; 1959, c. 683, s. 1.) ( PO-1 STATE OF NORTH CAROLINA DEPARTMENT OF ADMINISTRATION *ACQUISITION OF REAL PROPERTY / PO-2 STATE OF NORTH CAROLINA DEPARTMENT OF ADMINISTRATION DISPOSITION OF REAL PROPERTY)
 
Mr. Terrance C. Feravich, P.E., University Property Officer May 15, 2006 letter to Department of Administration enclosure Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro ( May 2006) contained the material false statement: 

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 NC A&T State University Farm as a Joint Millennial Campus.

 
GCID received  Solicitation for Offers [ SFO NO. 5NC0075] dated 6/12/06,  which stated The General Services Administration Desires to Lease 24,732 Rentable sq. ft. which will yield 21, 606 square feet of Office and related space  in Greensboro, North Carolina.   Area of Consideration The North Carolina A&T University Campus, Greensboro, North Carolina. (Page 5,1.2).  Offers due date July 6, 2006.
 
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 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.
 

 NC A&T didn't have a joint program with UNCG

Merrill  after becoming Executive Director of the GCID December 2004 conducted negotiations with the USDA  had alleged the existence of  NCA&T/UNCG Joint Millennial Campus which included NC A&T farm property.  "As I am aware this is a joint project of North Carolina Agricultural & Technical State University and the University of North Carolina at Greensboro" [Kevin Holland, Contracting Officer GSA July 3, 2006 letter to John Merrill.]
     
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.
 

NC A&T 2001 Master Plan University Millennial Campus

NC A&T and UNCG 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 , call for 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 without a syllable pertaining to a 75-acre parcel of land on NC A&T farmland. [NC A&T Resolutions: In Support of The Creation of a Joint Millennial Campus maybe Bogus ]
 

UNCG August 31, 2006 Action Item: Master Plan for the South Campus

 
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 2006 Board of Governors approval of Lease of alleged Joint Millennial Campus and three month before alleged Lease of Joint Millennial Campus was considered Nov. 2006 by the Council of State. Whereas UNC BOG May 2006 Lease of Joint Millennial Campus stated:
  • 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 NC A&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.
UNCG BOT Action Item August 31, 2006, Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T 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."
Unambiguous UNCG BOT's recommendation pertained to Ground Lease to the Greensboro Center for Innovative Development was for an identified JMC and not the alleged Board of Governors
Oct 2003 approved and designated Joint Millennial Campus defined by G.S. 116-198.33(4b) as put forth in UNC BOG May 2006 Lease of Joint Millennial Campus. Unambiguous The University of North Carolina at Greensboro Administration and Board of Trustees was informed and aware alleged Joint Millennial Campus consisting of the School of the Deaf property and 75-acres of NC A&T farmland was an identified Joint Millennial Campus and was not designated by Board of Governors Oct. 2003.
 
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). John reported we have a bid in hand for the USDA in Phase I and hope to have a lease in October. At present the information is in the State Property Office.

Hudnall Christopher moved to approve the request. Tom Ross seconded the motion and it was unanimously approved for recommendation to the full Board. Richard Moore adjourned the meeting at 10:40 a.m. REPORT OF THE BUSINESS AFFAIRS COMMITTEE – Chair Moore. Published Attending-Business Affairs: Richard Moore, Hudnall Christopher, Jr., Thomas Ross Board Members and Guests: Kate Barrett, Mike Byers, Lucien Capone, Terry Cartner, Jean Davis, Carol Disque, Howard Doyle, Carolyn Ferree, Steve Gilliam, Jill Goodman, Stephen Hassenfelt, Donna Honeycutt, Davis Lumpkin, Karen McNeil-Miller, Anna Marshall-Baker, John Merrill, Bruce Michaels, Sharlene O’Neil, Fred Patrick, Jane B. Preyer, Steve Rhew, Yvonne Ross, Angela Scott, Don Skeen, Patricia Stewart, Patricia Sullivan, Reade Taylor, Edward Uprichard, David Vaughan, Jonae Wartel, Lanita Withers- News & Record, Laura Young.

Furthermore, Action Item August 1, 2006 Master Plan for the South Campus of the Greensboro Center for Innovative Development. the Joint millennial campus of UNCG and NC A&T represented Non profit Greensboro Center for Innovative Development as the Joint Millennial Campus of UNCG and NC A&T
 
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.   

Joseph Henderson  email 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.

 
U.S. General Services Administration, August 8, 2006, email to John Merrill Executive Director GCID says "This letter is in regards to SFO for the USDA Natural Resources Conservation Service to 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.
 
   
October 13, 2006, Kelvin Holland contracting Officer GSA transmittal to John R. Merrill GCID Executive Director communicated enclosed are copies of the SF-2, Lease for Real Property for Contract GS-04B-46101 ...reflect acceptance of the GCID revised and corrected offer dated August 15, 2006 to lease 21, 306 sq. ft. of office area to be located at the Research Facility One. Technology Drive, Greensboro, NC and as further identified in your offer for the USDA National Resources Conservation Services. US Government Lease for Real Property Lease no GS-04B-46101 dated Oct. 13, 2006, says This Lease made and entered into this date by and between Greensboro Center for Innovative
 
Innovative Development and whose interest in the property hereinafter described is that of Owner.  The award due date was five days after receipt of lease award.
   
Oct. 19, 2006
John Merrill to Joseph Henderson, CC John Webb

Hi Joe, First, I you know that we have received the lease award from the USDA, space at the South Campus. I have attached a copy of the lease. Second, I wanted to pass along the list of GCID Board Members...
As we look to present the ground lease to the Council of State.
 
Oct. 20, 2006 Joseph Henderson to John Merrill,, CC John Merrill
Subject Follow-up
John:
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?
 
Oct. 23, 2006 John Merrill email to Joseph Henderson, CC John Webb.

Regarding the USDA, I may again be misunderstanding what requires COS approval and what does not. Assuming we have the Ground Lease issues resolved by mid to late November, the USDA deal is a sublease for space only. The GCID would be constructing the facility 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?
John: Your are correct! For some reason I though the USDA Lease was a 20 year deal (5 years firm)
 
 
   
UNCG Attorney Lucien Capone 09/07/2006 email to Don Teeter, cc to UNC Attorney Leslie Winner, NC A&T Attorney Kluttz, and John Merrill  You asked for a couple of statutory references, the most current draft of the proposed ground lease, and the establishment documents for the nonprofit management entity UNCG and NCA&T created - the Greensboro Center for Innovative Development (GCID).  2. The statute providing an exception from Governor and Council of State approval for space leases of 10 years of less is G.S. 116-198.34(5) - Millennial Campus Statue subsection.
Millennial Campus  statue NC G. S.: 116-198.34. (8b) says in part: Acting on recommendation made by the President ...after consultation by the President with the Chancellors and the Board of Trustees of a constituent institution, to designate real property ... 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 Campus. Term Millennial Campus' is real property and appurtenant facilities (GS § 116-198.33 definitions ) designated by the Board of Governors pursuant NC G. S.: 116-198.34. (8b).
Published attending UNCG BOT August 31, 2006  Action Item South Campus Master Plan Lucien Capone,  Tom Ross, John Merrill would know background indicated  Lease was for real estate identified as JMC  and not UNC Board of  Governors NC G. S.: 116-198.34. (8b) designated JMC therefore  G.S. 116-198.34(5) wasn't applicable to proposed ground lease.

Sandy -new lease for Millennial Campus

Published attending UNCG BOT August 31, 2006  Action Item South Campus Master Plan Lucien Capone,  Tom Ross, John Merrill  knew background indicated  Lease was for real estate identified as JMC  and not UNC Board of  Governors NC G. S.: 116-198.34. (8b) designated JMC therefore  G.S. 116-198.34(5) wasn't applicable to proposed ground lease.  John Merrill a recipient of UNCG Attorney Lucien Capone 09/07/2006 email to Don Teeter falsely claimed  statutory procedures  available only to  NC G. S.: 116-198.34. (8b) designated Millennial Campuses.  Note Sandy -new lease for Millennial Campus may indicate State Property Office issued a space lease to the GCID pertaining to  the USDA Lease in a building yet to be built on property that was under consideration for Lease to the GCID without Council of State approval of the Ground Lease and space lease.
   
Lacking JMC designation Session Law 2003-2984, Section 6.20 by statue remained reallocated to UNC BOG to designated Millennial Campuses for universities .
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.
Session Law 2003-2984, Section 6.20 reallocated former Central School of the Deaf to UNC BOG. This property shall be used for the establishment of Millennium campuses of the University of North Carolina at Greensboro and North Carolina Agricultural and Technical State University. GCID Development Timeline indicate no JMC was designated. Feb. 2, 2006, UNCG Board of Trustees Action Item was for Lease of [Identified JMC], Feb. 13, 2006, UNC System Acquisition of Real Property purpose was to establish JMC, three independent
 
indications that no JMC was designated. Failure to do designate JMC deprived State Property Office/NC A&T/UNCG/UNC BOG property rights to lease Session Law 2003-2984,Section 6.20 real estate.

 

With Lease Gateway South Campus may not constitute NC A&T Campus a condition of the USDA Lease agreement

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.
GCID received  Solicitation for Offers [ SFO NO. 5NC0075] dated 6/12/06,  which stated The General Services Administration Desires to Lease 24,732 Rentable sq. ft. which will yield 21, 606 square feet of Office and related space  in Greensboro, North Carolina.   Area of Consideration The North Carolina A&T University Campus, Greensboro, North Carolina. (Page 5,1.2).  Offers due date July 6, 2006.
 
     
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 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.   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
     
U.S. General Services Administration, August 8, 2006, email to John Merrill Executive Director GCID says "This letter is in regards to SFO for the USDA Natural Resources Conservation Service to 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.
 

NC A&T didn't have a joint program with UNCG

NC A&T and UNCG 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 , call for 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 without a syllable pertaining to a 75-acre parcel of land on NC A&T farmland. [NC A&T Resolutions: In Support of The Creation of a Joint Millennial Campus maybe Bogus ]
     

UNCG August 31, 2006 Action Item: Master Plan for the South Campus

 
 
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 2006 Board of Governors approval of Lease of alleged Joint Millennial Campus and three month before alleged Lease of Joint Millennial Campus was considered Nov. 2006 by the Council of State.   UNCG BOT Action Item August 31, 2006, Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T 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."  Unambiguous UNCG BOT's recommendation pertained to Ground Lease to the Greensboro Center for Innovative Development was for an identified JMC and not the alleged Board of Governors Oct 2003 approved and designated Joint Millennial Campus defined by G.S. 116-198.33(4b) as put forth in UNC BOG May 2006 Lease of Joint Millennial Campus. Unambiguous The University of North Carolina at Greensboro Administration and Board of Trustees was informed and aware alleged Joint Millennial Campus consisting of the School of the Deaf property and 75-acres of NC A&T farmland was an identified Joint Millennial Campus and was not designated by Board of Governors Oct. 2003.
   
Disposition by Lease area Joint Millennial Campus, Greensboro to Greensboro Center for Innovative Development, Inc. was approved by the State Property Office, Council of State, and signed by the Governor, culminating in the unconstitutional and statutory prohibited lease State property to the Greensboro Center for Innovative Development , renamed Gateway Research Park, Inc., under false pretense, Racketeering, Fraud, false Claim, and in violation of Session Law 2003-2984, diverting state appropriations and facilities, federal research, USDA facility and degree programs via the Joint School of  Nanoscience and Nanotechnology to UNC at Greensboro and fraudulent alleged Joint Millennial Campus private education corporation Gateway Research Park, Inc. whereby NC A&T's research and academic offerings are transferred
and accessed by HWI UNC Greensboro and to be commercialized by Gateway Research Park, Inc. And false claim Gateway Research Park, Inc. as a NC G. S.: 116-198.34. (8b) NC A&T/UNCG Joint Millennial Campus.
   

USDA   Timeline

2001 NC A&T update university Master Plan to include Millennial Campus
Feb.  2003 Joint Millennial Campus Concept Paper is presented to UNC Office of the President.
August 2003  The Joint Millennial Campus is announced to the community
Sept. 2003 GCID is formed as not-for-profit
Oct. 2003   UNC Board of Governors allege designating Joint Millennial Campus
Dec. 2003 Consulting firm hired to perform feasibility study for the Joint Millennial Campus utilizing funds provided by Joseph M. Bryan Foundation
Jan. 2004 Submission of initial funding request submitted to Legislature
Sept 2004 USDA announces plans to move to GCID - South Campus
Dec. 2004  John R. Merrill introduced as the first Executive Director of the GCID
Sept. 2005 sole Source letter received from USDA eliminating the need for the GCID to be involved in a competitive bid process for the USDA space lease
Sept. 2005 GCID and university's Boards and Chancellors signed MSDA
Sept. 2005  A "draft ground lease is developed to formalize management and development of the two 75 acre properties under the guidance of the GCID
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)
Feb.  2006 Ground Lease approved by Board of Trustees at NCA&T and UNCG
Feb. 02 2006 Feb 2, 2006, UNCG BOT Action Item Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T, for identified joint Millennial Campus - 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.
Feb. 15, 2006 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 voteFebruary 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. 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]
March 06, 2006 Note:  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.
March 13, 2006  UNC System  submitted Acquisition of Real Property by Lease DOA PO-1 form  dated March 13, 2006 to Department of Administration for the purposes: To establish a Joint millennial Campus .  State Property Office John Webb Manager Leasing identified the source of  PO-1 as UNC System.
March 14, 2006 John Merrill email to Terrance Feravich Subject Ground Lease, Following up on the ground lease insure 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 can have the Chancellor's Office send you the minutes from the last BOT meetings approving the ground lease and I've attached a copy of the ground lease. I just need to take care of the PO1. 
May 2006 Lease of Joint Millennial Campus submitted to UNC BOG
May 2006 Note:  UNC BOG approved lease of alleged JMC
May 2006 Note: Ground lease submitted to State Property Office
July 3, 2006 USDA letter to John Merrill  NRCS need for space to be located on the campus of North Carolina Agricultural & Technical State University
July 2006 Proposal submitted for USDA facility to be located at South Campus.
August 2006 Henderson email to Terry Feravich- GA, We can deal with the new building under our existing procedures. Let's not let the proposed lease get in the way of that.
August 2006 GCID Board and both university B.O.T.'s approve South Campus Master Plan.
August 2006 UNCG approves Master Plan whose background states" In January 2006, a Ground Lease was approved and recommended for approval by the Board of Governors...of the properties identified as the JMC", Published attendees  -Merrill, Ross, Capone.
Sept. 09/07/2006  Lucien Capone email to Don Teeter You asked for a couple of statutory references, the most current draft of the proposed ground lease, and the establishment documents for the nonprofit management entity UNCG and NCA&T created - the Greensboro Center for Innovative Development (GCID)
1. The Statue authorizing creation of nonprofit entities is G.S. 116-30.20 (2005-276,s. 9.22)
2. The statute providing an exception from Governor and Council of State approval for space leases of 10 years of less is G.S. 116-198.34(5)  Note: Millennial Campus Statue .   All leases and subleases of land must be approved by the Governor and Council of State, and any lease of space in building for more that 10 years must receive the same approval, as in 116-198.34(5)
Sept. 28, 2006 Henderson letter to Don Teeter UNC General Administration has requested that the State Property Office approve 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
Sept. 2006 Best and Final offer submitted for USDA facility
Oct. 19, 2006 Merrill to Henderson, cc to John Webb, we have received the lease award from the USD, space at the South Campus. I have attached a copy of the lease.  As we look to present the ground lease to the Council of State, I though additional background might he helpful.
Oct. 20, 2006 Henderson to Merrill, CC to Webb, 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?
Oct. 23, 2006  Merrill email to Henderson Regarding the USDA. the USDA deal is a sublease for space only. So the entire lease would be 10 years or less, which I understood did not require COS approval. Oct. 23, 2006, Henderson to Merrill You are correct!
Oct. 2006  GSA accepts GCID revised and corrected offer date August 15, 2006
Nov. 2006 University's notified Council of State approved Ground Lease