Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
DUTCHESS LAND CONSERVANCY INC
Employer identification number
14-1667526
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public Support. Subtract line 5 from line 4.
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
731,722
1,038,772
809,661
918,706
1,087,014
4,585,875
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
173,676
152,386
133,220
86,096
155,035
700,413
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
905,398
1,191,158
942,881
1,004,802
1,242,049
5,286,288
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
142,400
306,525
222,800
161,900
203,205
1,036,830
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
142,400
306,525
222,800
161,900
203,205
1,036,830
8
Public Support (Subtract line 7c from line 6.)
4,249,458
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
905,398
1,191,158
942,881
1,004,802
1,242,049
5,286,288
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
-17,963
249,005
151,118
19,707
6,650
408,517
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
-17,963
249,005
151,118
19,707
6,650
408,517
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
2,364
31
2,395
13
Total support (Add lines 9, 10c, 11 and 12.).
889,799
1,440,194
1,093,999
1,024,509
1,248,699
5,697,200
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
74.589 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
72.366 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
7.171 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
9.473 %
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
DUTCHESS LAND CONSERVANCY INC
Employer identification number
14-1667526
Identifier
Return Reference
Explanation
CONFLICT OF INTEREST POLICY MONITORING
PART VI GOVERNANCE, MANAGEMENT, DISCLOSURE
THE ORGANIZATION REGULARLY AND CONSISTENLY MONITORS AND ENFORCES COMPLIANCE WITH ITS CONFLICT OF INTEREST POLICY. PERSONS COVERED UNDER CONFLICT OF INTEREST POLICY: COVERED PERSONS INCLUDE ANY INSIDER OF THE ORGANIZATION WHO IS ANY DIRECTOR, OFFICER, ADVISORY COMMITTEE MEMBER OR EMPLOYEE, OR ANY TRUSTEE OF THE LAND OR OTHER SUBSTANTIAL CONTRIBUTOR, PARTY RELATED TO THE ABOVE, VOLUNTEER WITH AN INVOLVEMENT IN POLICY OR STEWARDSHIP OF EASEMENTS, ANYONE WITH AN ABILITY TO INFLUENCE DECISIONS OF ORGANIZATION OR A PERSON WITH ACCESS TO INFORMATION NOT AVAILABLE TO THE GENERAL PUBLIC. THE LEVEL AT WHICH DETERMINATIONS OF WHETHER A CONFLICT EXISTS ARE MADE: ANY CONFLICT OR POSSIBLE APPEARANCE THEREOF IS FULLY DISCLOSED A) TO THE BOARD (IF ACTION THEREON IS TO BE TAKEN BY THE BOARD); B)TO A COMMITTEE OF THE BOARD (IF ACTION THEREON IS TO BE TAKEN BY SUCH COMMITTEE), OR C) TO THE AUDIT COMMITTEE OR THE PRESIDENT (IF NO ACTION IS TO BE TAKEN BY THE BOARD OR A COMMITTEE OF THE BOARD). THE LEVEL AT WHICH ACTUAL CONFLICTS ARE REVIEWED: THE ORGANIZATION'S CONFLICT OF INTEREST POLICY IS ADMINISTERED BY THE ORGANIZATION'S BOARD AUDIT COMMITTEE, WHICH IS AUTHORIZED TO RECEIVE NOTIFICATIONS UNDER THIS POLICY AND INTERPRET THE PROVISIONS OF THE POLICY. IN THE CASE OF AN EMPLOYEE, AFTER DISCLOSURE TO THE PRESIDENT, THE PRESIDENT MAY CHOOSE TO SUBMIT THE QUESTION TO THE AUDIT COMMITTEE FOR A DECISION OR TO PROCEED WITH THE DECISION OR ACTION AT ISSUE, PROVIDED, HOWEVER, THAT PROCEEDING DOES NOT VIOLATE THE LAW, INCLUDING APPLICABLE SELF-DEALING PROVISIONS AND PROHIBITIONS AS TO PRIVATE INUREMENT AND PRIVATE BENEFIT. RESTRICTIONS IMPOSED ON PERSONS WITH A CONFLICT: IN THE CASE OF CONFLICTS INVOLVING A DIRECTOR OR OFFICER, THE DIRECTOR OR OFFICER HAVING SUCH CONFLICT LEAVES THE ROOM IN WHICH DISCUSSION IS CARRIED ON AND REFRAINS FROM VOTING OR OTHERWISE ATTEMPTING TO INFLUENCE THE DECISION THEREON. VIOLATIONS OF THE ORGANIZATION'S CONFLICT OF INTEREST POLICY MAY BE GROUNDS FOR DISMISSAL AS AN EMPLOYEE OR SEVERANCE FROM THE BOARD OF DIRECTORS, ADVISORY COMMITTEE OR AS A VOLUNTEER. IN 2009, THE ORGANIZATION INITIATED A NEW PROCEDURE AND ADDED AS AGENDA ITEM NUMBER ONE FOR ALL BOARD OF DIRECTOR AND EXECUTIVE COMMITTEE MEETINGS THE FOLLOWING: "1) CONFLICTS OF INTEREST - OPPORTUNITY FOR BOARD MEMBERS TO DISCUSS POTENTIAL CONFLICTS OF INTEREST REGARDING ITEMS ON THE AGENDA." THIS SERVES AS A REMINDER TO BOARD MEMBERS (OR STAFF) TO DISCLOSE ANY CONFLICT OF INTEREST AT THIS TIME. CONFLICTS OR POTENTIAL CONFLICTS ARE RECORDED IN THE ORGANIZATION'S MEETING MINUTES.
COMPENSATION REVIEW AND APPROVAL PROCESS
PART VI GOVERNANCE, MANAGEMENT, DISCLOSURE
REVIEW BY A COMPENSATION COMMITTEE: THE ORGANIZATION'S BOARD COMPENSATION COMMITTEE CONSISTS OF FOUR MEMBERS OF THE BOARD THAT 1) REVIEWS THE ORGANIZATION'S STAFF COMPENSATION PACKAGES, 2) ENSURES THE ORGANIZATION'S COMPENSATION PACKAGES ARE IN LINE WITH CURRENT MARKET BY RESEARCHING COMPARABLE COMPENSATION PACKAGES THROUGH A COMPETITIVE ANALYSIS & COMPENSATION & BENEFITS STUDY, 3) REVIEWS INFORMATION GATHERED BY COMMITTEE MEMBERS, STAFF AND/OR OUTSIDE SPECIALISTS, AND 4) MAKES RECOMMENDATIONS TO THE ORGANIZATION'S EXECUTIVE COMMITTEE. THE COMMITTEE MEETS IN NOVEMBER OR DECEMBER OF EACH YEAR TO DETERMINE STAFF COMPENSATION FOR THE FOLLOWING FISCAL YEAR. USE OF COMPARABLE COMPENSATION DATA FOR SIMILARLY QUALIFIED PERSONS IN FUNCTIONALLY COMPARABLE POSITIONS AT SIMILARLY SITUATED ORGANIZATIONS: THE COMPENSATION COMMITTEE REVIEWS SALARY INFORMATION BY THE LAND TRUST ALLIANCE, STAFF BENEFIT SURVEYS OF SIMILAR CONSERVATION ORGANIZATIONS IN NEW YORK; COMPARABLE SALARY DATA FROM AVAILABLE FORM 990'S AND OTHER INFORMATION FOR SIMILAR ORGANIZATIONS AND COMPARABLE POSITIONS AND TAKES INTO CONSIDERATION INFORMATION FROM THE U.S. BUREAU OF LABOR STATISTICS, GUIDESTAR, AND CHARITY NAVIGATOR. THEY REVIEW ALL INFORMATION AND MAKE A RECOMMENDATION TO THE EXECUTIVE COMMITTEE, WHICH MAKES THE FINAL DECISION ON STAFF COMPENSATION PACKAGES. CONTEMPORANEOUS DOCUMENTATION AND RECORDKEEPING WITH RESPECT TO DELIBERATIONS AND DECISIONS REGARDING THE COMPENSATION ARRANGEMENT: THE COMPENSATION COMMITTEE AND EXECUTIVE COMMITTEE DELIBERATIONS ARE HELD IN EXECUTIVE SESSION. THE PRESIDENT PARTICIPATES IN DISCUSSION OF ALL STAFF EXCEPT HERSELF AT WHICH TIME SHE LEAVES THE ROOM. THE PRESIDENT IS IN CHARGE OF KEEPING THE RECORDS OF STAFF COMPENSATION AND DECISIONS BY BOTH THE COMPENSATION COMMITTEE AND EXECUTIVE COMMITTEE. THE MINUTES OF THESE MEETINGS ARE REVIEWED AND APPROVED BY THE COMPENSATION COMMITTEE AND SENT TO THE FULL BOARD OF DIRECTORS.
990 REVIEW PROCESS
990 PART VI LINE 10 - 990 REVIEW
THE ORGANIZATION'S AUDITORS PREPARE THE FORM 990 BASED ON THEIR AUDIT AND IT IS PRESENTED TO THE ORGANIZATION'S PRESIDENT AND TREASURER IN DRAFT FORM, WHO THEN ENSURE THAT THE AUDIT COMMITTEE HAS THE OPPORTUNITY TO REVIEW IT. FOLLOWING THEIR COMMENTS AND ANY APPROPRIATE REVISIONS AGREED TO AND MADE BY THE AUDITORS IT IS MADE AVAILABLE TO ALL BOARD MEMBERS TO REVIEW PRIOR TO FILING WITH THE IRS. THE BOARD TREASURER SIGNS FORM 990 PRIOR TO FILING. ONCE FORM 990 IS FILED, IT IS INCLUDED ON THE ORGANIZATION'S WEBSITE VIA A DIRECT GUIDESTAR CONNECTION AS WELL AS IN THE ORGANIZATION'S BOARD MANUAL WHICH THE BOARD CAN REVIEW ON THE ORGANIZATION'S WEBSITE BY SPECIAL PASSWORD. ALTERNATIVELY ALL BOARD MEMBERS MAY RECEIVE A PAPER COPY UPON REQUEST.
PUBLIC AVAILABILITY OF 990 AND OTHER INFORMATION
990 PART VI LINE 19 - PUBLIC AVAILABILITY
The organization makes its Form 990 available to the public through its website link to Guide Star. It is also available to the public upon request as are the organization's By Laws, Certificate of Incorporation, conflict of interest policy and financial statements.
OFFICER BUSINESS RELATIONSHIPS
990 PART VI LINE 2
TIMOTHY M. BONTECOU, CHAIRMAN OF THE BOARD, HAS A BUSINESS RELATIONSHIP WITH KATHERINE C. REGAN'S (BOARD MEMBER) HUSBAND. MR. BONTECOU AND MR. REGAN ARE OWNER/PARTNERS OF TAMARACK PRESERVE CLUB. IN ADDITION, MR. BONTECOU AND STEVEN BENARDETE SERVES ON THE BOARD OF CARY INSTITUTE OF ECOSYSTEMS STUDIES. BOARD MEMBERS PETER M GROFFMAN AND OLIVIA VAN MELLE KAMP ARE EMPLOYEES OF THE CARY INSTITUTE OF ECONSYSTEMS STUDIES.
990 PART VI 1A
DELEGATED AUTHORITY TO EXECUTIVE COMMITTEE
Composition of the Executive Committee: The Executive Committee is composed of eleven members of the Organization's Board of Directors (can be anywhere from 4 to 12 members and members must be Board members per the Organization's By Laws). This committee meets monthly and oversees the day to day operations of the Organization and manages Board issues between Board meetings as appropriate. Not less than four members constitute a quorum. Scope of Executive Committee Authority: Under the Organization's updated By Laws adopted in July 2006, the Organization's Board delegated authority to the Executive Committee by resolution adopted by the Board in July 2008, as amended by resolution and Delegation of Transaction Approval Policy adopted by the Board in December 2008. The Executive Committee has all of the authority of the Board, except authority as to: (a) the filling of vacancies in the Board or in any committee thereof; (b) the fixing of compensation of the Directors for serving on the Board or any committee thereof; (c) the amendment or repeal of the By-Laws or the adoption of new By-Laws; or (d) the amendment or repeal of any resolution of the Board which by its terms shall not be so amendable or repealable. This authority is limited so that, with respect to any land or easement transaction, the Executive Committee is only authorized to: a) review and approve conservation easements between regular meetings of the Board; b) act on land deals as delegated to it by the Board of Directors; c) act on minor items between regular meetings of the Board; and d) meet in situations where the Executive Committee concludes that it is necessary or desirable to take prompt action where it is impossible or impractical to call a special meeting of the Board, and take whatever action it deems necessary. All major items, items that are controversial in nature, and all conservation easement amendments are decided by the full Board. Information pertaining to conservation easements and all other items to be considered by the Executive Committee are sent to the full Board prior to each Executive Committee meeting. Specific notice is given to the full Board whenever possible when the Executive Committee is considering making a final decision on behalf of the full Board. Executive Committee minutes reflecting its discussion and decisions are circulated to all board members prior to the following full Board meeting. A report of any actions specifically taken by the Executive Committee on behalf of the Board are given at each full meeting of the Board. All decisions made by the Executive Committee on behalf of the Board are presented to the full Board for ratification at the next subsequent meeting. In cases where time is of the essence and items up for a decision by the Executive Committee are controversial, a special meeting of the Board is called to deliberate such issues. The Organization's Conflict of Interest Policy applies in all cases pertaining to the Organization's Delegation of Transaction Approval Policy. The Board reviews and assesses the Delegation of Transaction Approval Policy and its implementation annually and makes modifications as voted upon by the full Board. This was re-reviewed and re-approved by the Organization's Board at its April 23, 2010 meeting.
CHANGES IN NET ASSETS
PART XI, QUESTION 5
OTHER CHANGES IN NET ASSETS OF FUND BALANCES CONSISTS OF: PRIOR YEAR RESTATEMENT $375,000 UNREALIZED GAINS ON INVESTMENTS 86,780 TOTAL $461,780
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.