Stop the Steal Lock'em Up: UNC Board of Governors  Public-Private Partnership Corruption - Greensboro's Union Square Campus  Michael Pippen Sr.  updated 04.14.22

 
UNC BOG Public-Private Systemic Corruption:  Board of  Governors, complicit with NCA&T and UNCG Chancellors, unlawful leases relocate taxpayer and student supported nursing programs from state own facilities off campus to private facilities, allegedly creating for Greensboro a competitive advantage for business growth.  
 
Created by Action Greensboro, Union Square Campus is a key  initiative of Opportunity Greensboro, a working group of leaders from Greensboro businesses, foundations and higher education institutions.  This national model of collaboration is identifying and acting on opportunities to transform our wealth of educational assets into economic success—creating for Greensboro a competitive advantage for business growth, emphasis added.  The first campus building will focus on training and education for healthcare professions. Nursing education at Union Square Campus will engage student sat every level: 2-year Associates Degree, RN to  BSN and accelerated BSN programs, Doctor of Nursing Practice, and continuing education certificate programs.  The space would house expansion of the university  nursing programs, community college nursing programs and training facilities for Cone  health.  Projected student enrollment indicate Cone Heath, which has the least expensive lease, 2,800 staff training is 500 % of projected 527 public education student enrollment. *
 
Notwithstanding Union Square Campus, Inc. (Landlord) and NCA&T and UNC-G (Tennant) leases, were not approved by the State Property Office nor pursuant UNC President delegated authority,  UNC Greensboro and NC A&T   Chancellors fraudulent alleged to be duly 
 

authorized to execute leases on behalf of the corporation,  signed Leases relocated  State funding Nursing programs from State owned facilities to Union Square Campus leased facilities, which in addition may have been conduit  for fraudulent conveyance of land, improvements, loans, and lease fees to Union Square Campus, Inc.
 
UNC Board of Governors delegated authority for NCA&T and UNC-G to approve annual property leases amount for $50,000 or less subject to prior approval from the Division of State Property and Council of State,  issued in the name of the State.
 

Were Brady and Martin Recruiters/ Agents/ spokesperson's for  Opportunity Greensboro

Lease Agreement  The University of North Carolina at Greensboro (UNCG) Tenant and Union Square Landlord indicate UNCG chancellor Dr. Linda Brady signed lease agreement  January 14th , 2014 prior to submission to UNC Board of Committee for Budget and Fiancé April 10th 2014 for approval of lease agreement.
"Harold Martin and Linda Brady are huge proponents of this and they are not here tonight, because there is a reason, that is they are in Wilmington, NC actually talking to public and private college through out the state of North Carolina about Opportunity Greensboro the cooperation between business and higher education institution here and this very project, that's what they are doing tonight and that's why they couldn't be here" Ed Kitchen Video    Opposition   Video  
 

N.C. A&T Scores Big with Union Square Partnership

Loud and Clear:  “Harold, we need North Carolina A&T State University to assume a more prominent role in helping to positioning our region to become more economic competitive. I want to reassure business leaders I heard them the loud and clear” , said NC A&T Chancellor Harold Martin at his 2009 inauguration.   Video   After Previous thanking Erskine Bowles and Jim Phillips, Jr., for his stint at UNC System General Administration in the capacity of  Senior Vice President for Academic Affairs, notwithstanding, ALAN R. MABE, was Vice President for Academic Planning and University-School Programs.   
 
Bleeding out Students & Taxpayers: :Relocating State supported Nursing Programs from State owned facilities to leased facilities at Union Square Campus creating  for Greensboro a competitive advantage for business growth."
 
NC Const. Art. IX Sec. 9. Benefits of public institutions of higher education.
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.
 
The space would house expansion of the university  nursing programs, community college nursing programs and training facilities for Cone  health.
 
 "Relocating State supported Nursing Programs from State owned facilities to Leased facilities  at Union Square Campus creating  for Greensboro a competitive advantage for business growth."
 
Nursing education at Union Square Campus will engage students at every level: 2-year Associated Degree, RN to BSN and accelerated BSN programs, Doctor or Nursing Practice, and continuing education certificate programs. 
 
 
Program Enrollment Leased Space Fixed Space Shared Space

Lease #

lease/enrollment
NC A & T 105 25,000 3,000 SF 22,000 Sq. Ft. $587,500 $6,000 each
UNCG 282 33,000 12,000 SF 21,000 Sq. Ft. $775,500 $2,800/$9,500*
GTCC 140 25,000 6,000 SF 19,000 Sq. Ft. $587,500 $4,200 each
Cone Health 2,800 20,000 500 SF 19,500 Sq. Ft. $470,000 $168 each
Total  

103, 000 Sq. Ft.

21,000 SF

81,500 Sq. Ft.  
*UNCG DNP enrollment 232 overstates enrollment figure of 32 in Request to Establish DNP by 200 students.
# Lease Maximum Cost
Combining Union square public record information and figures in the public domain, based on maximum lease costs, leases will cost NC A&T $6000 , GTCC $$4, 200 and UNCG $ 9,500 per enrollee but will only cost Cone Health 168 per enrollee.  Cone Health 2,800 enrollees is seven times the Public University enrollment whose lease fee of $470,000 is the least lease fee for a token 500 sq. ft. of fixed space.  A&T will receive only 3000 sq. ft. while GTCC will receive 6,000 sq. ft. of fixed space for the same Lease fee of $587,500. UNCG enrollment of 232 is two hundred enrollee greater than the 32 students projected in their request to establish DNP degree which also said the university could house the program for three years using existing facilities.  Furthermore UNC Board of Governors 2015-16 & 2016-17 Strategic Capital Priorities call for spending $124,765,400 for UNCG Nursing and Instructional Building. 
 

SALE AND DEVELOPMENT AGREEMENT

 

(b) Financial Responsibility. The Component Developer shall provide, prior to commencement of construction of any Improvements, such documentation as may be required by the Commission to evidence the projected construction costs and the Component Developer’s financial ability, through capital contributions, grants, loans or otherwise, to complete the Improvements in accordance with this Agreement. 
 
 
 
 
Alleged Letter dated February 18, 2014 Attn: Harold L. Martin, Ph.D. Re: Intent to Lease Space at Union Square Campus, from (Greensboro Partnership) Pat Danahy, Chairman Union Square Campus, Inc,  received pursuant public record request.
We are please to submit the following non-binding Letter of Intent to you to lease space in the planned facility referred to as University Center, to be located at the property south of the intersection of South Elm Street and Lee Street in Greensboro, North Carolina (the "Facility") which is expected to be the first building constructed in connection with the Union Square Campus project.

We anticipate that North Carolina A&T State University( NCA&T' or Tenant") would seek approval from the NCA&T Board of Trustee, UNC Board of Governors, and the North Carolina Council of State to occupy a certain amount of exclusive and shared space in the Facility for NCA&T programs to be later agreed upon by the parties. Emphasis added.
 This letter of Intent ... simply evidences the intent of Tenant to seek the required approvals to allocate funding necessary to support the lease obligations, occupy , and proceed with the negotiation for lease of the exclusive and shared space....that the lease will be in a from satisfactory to the Sate Property Office and the Attorney General of the State of North Carolina, signed Pat Danahy, Chairman Union Square Campus, Inc.  Emphasis added.
 

Jonathan C. Pruitt March 18, 2014  (UNC)

From Michael Byers (UNCG)

March 18, 2014

Jonathan/Kevin,

As you know, NCA&T and UNCG desire to present an item for action to the BOG, seeking authority to work with DOA and Council of State to enter a lease for space for our nursing programs.  Union Square Campus Inc. a non-profit entity formed for this collaboration will construct academic, laboratory and support facilities for the benefit of the Universities which would then be leased back to the Universities for a lease term of ten years.  It is anticipated that the space would be available by fall 2016 and a would allow for the accommodation of space needed for the Universities nursing programs.

The lease of this space will be accomplished within the guidelines, procedures and policies of the North Carolina Department of Administration and the Council of State.  It is recommended that the following resolution be approved and the request of the Universities be transmitted to the Council of State for final action.

Proposed Action Item Draft say: The lease of this space will be accomplished within the guidelines, procedures and policies of the North Carolina Department of Administration and the Council of State.  It is recommended that the following resolution be approved and the request of the Universities be transmitted to the Council of State for final action.
 
 
 

April 14, 2014

Charles Perusse, Chief Operating Officer, the University of North Carolina General Administration

D
ear Chancellor Martin:

On April 11, 2014, the Board of Governors of The University of North Carolina approved the following:

  • A lease up to 25,000 square feet at no more than $587,500 a year for 10 years from Union Square Campus, Inc. --This item has been forwarded to the Council of State for final approval.  Emphasis added

CC:  Mr. Robert Pompey

April 14, 2014

Charles Perusse, Chief Operating Officer, the University of North Carolina General Administration

Dear Chancellor Brady:


On April 11, 2014, the Board of Governors of The University of North Carolina approved the following:

  • A lease up to 33, 000 square feet at no more than $775,500 a year for 10 years from Union Square Campus, Inc. – This item has been forwarded to the Council of State for final approval.  Emphasis added

CC: Reade Taylor

 
 
 
 
 
April 10, 2014, also,  UNC Board of  Governors' Committee on Education Planning, Policies, and Programs received the  2014 annual  Nursing (NCLEX-RN) report for academic year 2013.  In its April 2014 meeting, the University of North Carolina (UNC) Board of Governors completed its annual review of the National Council Licensure Examination for Registered Nurses (NCLEX-RN) first-time writers’ pass rates for graduates of the nursing programs across the University system. Subsequent to that review and in keeping with UNC Board of Governors policy 400.1.7, the Board suspended new admissions to the BSN program at North Carolina Agricultural & Technical State University (NCA&T) after 2014 and called for a full review of the program. 
 
In calendar year 2013, 90% of UNC nursing graduates taking the nursing licensure exam (NCLEX-RN)
passed on their first attempt. only one campus did not meet the UNC Board of Governors' exam (85%) passing rate standard. In 2012 North Carolina A&T State University received a waiver from the Board of Governors’ policy which would have required the initiation of program termination procedures. Board Policy require President ask the Board to initiate program termination procedures for any program having first-time passing rate of less that 75% for two consecutive years.  This waiver was granted under the condition that North Carolina A&T State University 2013 test takers would meet Board of Governors’ NCLEX-RN passing rate standards.  It was move new admissions to the nursing program be suspended for all students admitted after 2014 and a panel convened within sixty days to review possible program elimination at North Carolina A&T State University.” NC A&T Martin administration had not met board NCLEX-RN policy for four consecutive years in 2013.
 

North Carolina Agricultural & Technical State University Nursing Program Review Report dated October 31, 2014 was considered at Board of Governors Meeting December 5, 2014. The Board adopted recommendations shown in part: (1) continue the suspension of the admissions into the traditional BSN program at NC A&T 
and teach-out the existing students unless the first time pass rate on the NCLEX-RN in 2014, 2015, or 2016 meets or exceeds the BOG standards. Notwithstanding the traditional Bachelor of Science in Nursing (BSN) degree faced potential elimination and the university was instructed to examine costs of the nursing program.  In 2014 and 2015 NCA&T NCLEX-RN percentages for first-time test writes was 77 % and 76%.   Video
NC A&T Nursing Dean Tuck  suspension of admission letter Dec. 2014 indicated” We regret to inform you that admission to the upper division of the nursing major in the traditional entry option at North Carolina A&T State University has been suspended by the University of North Carolina Board of Governors until the first-time pass rate of our graduates on the NCLEX-RN in 2014, 2015 or 2016 meets or exceeds the Board of Governors standard of 85 percent. At this time, you have the option to change your major and remain enrolled at N.C.  A&T or to apply for admission to another institution in a discipline of your choice.  A&T academic counselors are available for advisement sessions beginning Jan. 5, 2015.
 
 
   
 
 

 
NC Board Chair John C. Fennebresque [L] with President Ross [R] discuss termination.

 
North Carolina Agricultural & Technical State University Nursing Program Review Report to University of  North Carolina President Tom Ross , which was received and considered by THE COMMITTEE ON EDUCATIONAL PLANNING, POLICIES AND PROGRAMS  December  2014 was included in the Jan. 2015 Board pre-meeting material.
 

Ms. Joni Worthington Vice President for Communications UNC General Administration

In its April 2014 meeting, the University of North Carolina (UNC) Board of Governors completed its annual review of the National Council Licensure Examination for Registered Nurses (NCLEX-RN) first-time writers’ pass rates for graduates of the nursing programs across the University system. Subsequent to that review and in keeping with UNC Board of Governors policy 400.1.7, the Board suspended new admissions to the BSN program at North Carolina Agricultural & Technical State University (NCA&T) after 2014 and called for a full review of the program, emphasis added.

Specifically, the motion approved by the Board was as follows:
 

“The 2013 Nursing Report is for informational purposes only and does not require a motion to accept. However, in 2012 North Carolina A&T State University received a waiver from the Board of Governors’ policy which would have required the initiation of program termination procedures. This waiver was granted under the condition that North Carolina A&T State University 2013 test takers would meet Board of Governors’ NCLEX-RN passing rate standards. It move that new admissions to the nursing program be suspended for all students admitted after 2014 and a panel convened within sixty days to review possible program elimination at North Carolina A&T State University.”

 
Joint Statement of the UNC Board of Governors and President Tom Ross- Jan. 16, 2015
The University of North Carolina Board of Governors decided to begin the process of leadership transition.  The board and President Ross have agreed that he will continue to serve with the Board's full support until his resignation becomes effective January 3, 2016 or when his successor is in place, whichever is later.
Video    Link
 

 

 
Hiding truth in plain sight, NCA&TSU Chancellor  Martin  and allegedly UNC Greensboro Chancellor Linda Brady proceed to  claim to be duly authorized to execute Leases North Carolina A&T State University and The University of North Carolina Greensboro  (Tenants), Union Square Campus, Inc. (Landlord.)   Acquisition and Disposition of Real Property by Lease Transactions using Delegated Authority lease agreements shall be in the name of the constituent institution or the University of North Carolina.
   
   
Notwithstanding: Union Square Campus, Inc. (Landlord)  and  North Carolina State University (Tenant)  and UNC Greensboro (Tenant) Real  Property Leases were not approved by the State Property Office ((NCGS.§ 116-3), nor pursuant UNC President delegated authority (NCGS. §116-31.12, and §600.1.3.1 and 600.1.3.1[R], therefore unauthorized.  In consistent with  UNC Board of Governor approved motion to examine costs of the nursing program at NC A&T State University as enrollment and staff numbers change in the School of Nursing, encouraging NC A&T school of Nursing to consider cost-per-student savings opportunities through enrollment increases, lower-cost teaching resources, and other strategies. NC A&T Chancellor Dr. Harold Martin claiming being duly authorized to do so,...acknowledge the execution of the foregoing instrument (lease) on behalf of the corporation. Martin unlawfully executed lease with Union Square Campus, Inc., at a cost of approximate $6000 per student, for up to $587,000 for 10 years.  

Bogus UNC Greensboro (Tenant) alleged UNCG Chancellor Linda Brady signed  Union Square Campus, Inc. Lease called for spending up to $775,000 for ten years.  Todd Davis Associate General Counsel, The University of North Carolina at Greensboro, UNC GA approval for lease acquisition specific to this property does not exist because UNCG management flexibility provides Chancellor-level authorization to sign this level lease agreement,  Public Record Request reply email March 13, 2015.

 


 
 
 

Jonathan Womer (left) shown with Former Board Chair Harry Smith (right)

 
UNC Associate VP for Legal Affairs Brooks Skinner email dated December 03, 2014 says: at  1, As I understand it, SPO asked for these leases to execute under the President authority. Once approved, the President delegates signature authority to the Chancellor. Michael T. Byers, UNC Office of Business Affairs-Campus Enterprises, email dated Thursday , December 4, 2014 says " These (leases) are ready for the Chancellors to sign once GA gives the Green light.    Bruce Warrington,  UNC Property Office , email to State Property Officer John Webb stating we do not have a lease on record  UNCGA agreement for Union Square in Greensboro, unambiguous indicate Acquisition of Space by lease NCA&T and UNCG were not authorized pursuant Presidents authority.  Our record reflect that this was an agreement  between NCA&T and UNC-Greensboro and other parties collectively entirety  lack of  NC A&T and UNCG legal authority to sign leases with Union Square Campus, Inc..
 
 
§ 116-31.12.  Acquisition and Disposition of Real Property by Lease. The Board of Governors shall establish a policy for acquiring and disposing of an interest in real property for the use of The University of North Carolina and its constituent institutions by lease.

Todd Davis Associate General Counsel The University of North Carolina at Greensboro
Date: Fri, Mar 13, 2015

I am attaching all of the responsive documents in UNCG's possession relating to your Union Square Public Records request. I have also been authorized to share some information with you in order to explain any documents you may interpret as being missing and have included those answers in red below my signature.

  1. copy Space request for  Nursing program 
    Note
    : no space request for Nursing program
  2. copy Space needs analysis for Nursing Program
    Note:
     No Space needs analysis for Nursing Program
  3. copy documents indentifying source of funds for Union Square Lease [General  A]
    UNCG's plan is to utilize General Funds to support the lease payment.
  4. copy of  UNC General Administration approval of acquisition lease [Union Square] as routine or as strategic [General E.]  UNC GA approval for lease acquisition specific to this property does not exist because UNCG management flexibility provides Chancellor-level authorization to sign this level lease agreement. 
  5.  copy of  the president  written permission to evoke availability of funds clause at Union Square [General  G.] Also covered in UNCG's delegated authority in general and not specific to this case.
  6. copy of  committee chairperson written rationale/justification of  Union square as strategic acquisition lease/site specific [The Campus Property Review Committee Shall Have the Following Responsibilities ( E)] Same as #4 and #5.
  7.  copy of  chief operating officer at UNC General Administration approval of Union square as a strategic acquisition lease. [The Acquisition by Lease Process [ B. Strategic Lease]
    Same as #4 and #5.
  8.  copy comprehensive set of specifications for Union Square Lease [ Campus Property Officer and the Campus Property Office Shall Have the Following Responsibilities [C]] Reference: See Regulations for Acquisition and Disposition of Real Property by Lease [The UNC Policy Manual 600.1.3.1[R] [Amended 01/07/14] Same as #4 and #5.
Record Request 03.27.15and 03.18.14 for UNCG management flexibility documents pertaining to Chancellor-level authorization to sign lease agreement received no reply from Todd Davis.
 
UNCG lease fee of $775,500  and NC A&T lease of $578,500 dollars exceeded former UNCG Board Chair then current UNC President Thomas Ross delegated $500,000 authority for campuses with delegated lease authority, which UNCG and NC A&T were not, requiring leases returned to Board of Governors for approval pursuant delegated authority.
 
Smoking Gun: UNC Greensboro request for addition Delegated Authority for Real Property acquisition by lease for less than $750, 000 per year for 10 years on 02.22.22,  before UNC Board of Governors Committee on Budget and Finance to increase current lease authority from $500,000 to $750, 000. 
 
 Unambiguous demonstrating UNC Greensboro Chancellor Linda Brady in 2014 and NC A&T Chancellor Harold Martin in 2015 did not have lease authority to sign Union Square lease for $775,000  and $587, 000 in name of  UNCG and NC A&T Video