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. |
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Ground Lease Agreement between the State of North Carolina (Lessor)
and Greensboro Center for Innovative Development, Inc. (GCID) (Lessee)
was |
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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) |
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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 |
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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. |
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§ 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 |
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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.
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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
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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. |
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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. |
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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.
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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
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Carolina Agricultural and Technical Sate
University and The University of North Carolina at Greensboro. "MSDA"
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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. |
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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 . |
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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 |
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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
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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. |
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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
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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] |
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Feb. 2nd 2006, UNCG Board of
Trustees Action Item :
Lease Agreement between the Greensboro Center for Innovative Development
and UNCG and NC A&T |
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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. |
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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.
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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 |
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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. |
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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 |
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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.
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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.
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- 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]
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- Chairwoman Speight-Buford
February 22, 2006
Memorandum to the Board of
Trustees Executive Committee , By majority vote, the Board
decided that more time was needed to review the document (Ground
Lease Agreement Between the State of North Carolina (Lessor) and
the Greensboro Center for Innovative Development, Inc. (Lessee)
for the Joint Millennial Campus of Greensboro, NC.) I announced
that I would seek approval of the document by way of the Executive
Committee. Please indicate your response below and fax it back to
Mrs. Fails at 336-334-7082.
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- 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.
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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." |
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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, |
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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 |
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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
.. |
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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.
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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.
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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. |
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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] . |
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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. |
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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. |
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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, |
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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. |
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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. |
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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.
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