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
ASBURY ATLANTIC INC
Employer identification number
52-0607956
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.") .
5,388,739
1,311,453
6,700,192
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......
68,986,378
105,767,735
112,234,707
117,618,903
122,174,861
526,782,584
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.
74,375,117
107,079,188
112,234,707
117,618,903
122,174,861
533,482,776
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
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.
0
c
Add lines 7a and 7b..
0
8
Public Support (Subtract line 7c from line 6.)
533,482,776
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...
74,375,117
107,079,188
112,234,707
117,618,903
122,174,861
533,482,776
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
2,393,477
2,427,229
1,354,413
848,559
1,242,523
8,266,201
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
2,393,477
2,427,229
1,354,413
848,559
1,242,523
8,266,201
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.)
13
Total support (Add lines 9, 10c, 11 and 12.).
76,768,594
109,506,417
113,589,120
118,467,462
123,417,384
541,748,977
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
98.470 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
97.880 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
1.530 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
2.120 %
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
ASBURY ATLANTIC INC
Employer identification number
52-0607956
Identifier
Return Reference
Explanation
FORM 990, PART III, LINE 4
ASBURY ATLANTIC CONTRIBUTES TIME, SPACE AND MANPOWER BACK TO THE GREATER COMMUNITY IN WHICH ITS CONTINUING CARE RETIREMENT COMMUNITIES ARE LOCATED. EACH CAMPUS DIVIDES ITS COMMUNITY BENEFIT ACTIVITIES INTO FOUR CATEGORIES: BENEVOLENT CARE, TRAINING THE NEXT GENERATION OF LEADERS FOR SENIOR CARE, SUPPORTING OTHER LOCAL SENIOR SERVICES, AND GOING GREEN AND SUSTAINABLE. ALL OF THE COMMUNITIES PROVIDE CHARITY CARE TO THOSE RESIDENTS WHOSE NEEDS EXCEED THEIR FUNDS, AND NO RESIDENT HAS EVER BEEN ASKED TO LEAVE AN ASBURY ATLANTIC COMMUNITY BECAUSE OF DEPLETED FUNDS THROUGH NO FAULT OF THEIR OWN. HIGHLIGHTS OF THIS YEAR'S COMMUNITY BENEFIT ACCOMPLISHMENTS AT EACH ASBURY ATLANTIC COMMUNITY INCLUDE THE FOLLOWING: ASBURY METHODIST VILLAGE AN ADMINISTRATOR SERVED AS THE PRECEPTOR FOR AN ADMINISTRATOR IN TRAINING THIS YEAR. FROM JANUARY THROUGH JUNE MENTOR SERVICES WERE PROVIDED TO A GEORGETOWN UNIVERSITY STUDENT IN THE HEALTHCARE SERVICES FIELD. ADDITIONALLY, CANDIDATES IN GEORGETOWN UNIVERSITY'S AND GEORGE WASHINGTON UNIVERSITY'S MASTER IN HEALTH SERVICES ADMINISTRATION PROGRAMS VISITED THE CAMPUS FOR SITE VISITS AND A PRESENTATION ON SERVING SENIORS. ASBURY METHODIST VILLAGE SPONSORED THE NATIONAL CAPITAL HEALTHCARE EXECUTIVES CEO ROUNDTABLE WITH GEORGETOWN UNIVERSITY, PARTICIPATED IN A PRE-CONFERENCE PRESENTATION FOR THE AMERICAN ASSOCIATION OF SUICIDOLOGY AND SENT A PRESENTER TO THE INTERNATIONAL COUNCIL ON ACTIVE AGING CONFERENCE. FACILITATED A WORKSHOP ON CLERGY SELF-CARE FOR THE CHRISTIAN CHURCH CAPITAL AREA AND PARTICIPATED IN AN EDUCATIONAL SEMINAR FOR CHURCH MINISTRY FOR THE D.C. BAPTIST CONVENTION - SENIOR MINISTRIES. THE CAMPUS HOSTED A WORKSHOP FOR SPIRITUAL LEADERS, COUNSELORS AND THERAPISTS. INTERNSHIPS WERE PROVIDED FOR HOWARD UNIVERSITY'S SCHOOL OF DIVINITY AND LOYOLA UNIVERSITY OF MARYLAND. PROVIDED TRAINING, ROOM SPACE FOR EDUCATORS AND SERVED AS A TESTING SITE FOR MONTGOMERY COLLEGE'S CERTIFIED NURSING ASSISTANT, GERIATRIC NURSING ASSISTANT AND CERTIFIED MEDICINE AID PROGRAMS. IN AUGUST, THE CAMPUS PROVIDED CLINICAL CLASSROOM SPACE FOR MONTGOMERY COLLEGE'S CONTINUING EDUCATION PROGRAM FOR REGISTERED NURSES. THROUGHOUT THE YEAR, ASBURY METHODIST VILLAGE SERVED AS A REGIONAL TESTING SITE FOR MARYLAND'S GERIATRIC NURSING ASSISTANT ASSESSMENT. COLLABORATED WITH THE AMERICAN HEALTH ASSISTANCE FOUNDATION TO CREATE A PUBLIC SERVICE ANNOUNCEMENT ON ALZHEIMER'S DISEASE AND TO PRESENT A FREE EDUCATIONAL PROGRAM ON HEALTHY AGING. PARTICIPATED IN A FUNDRAISER FOR THE ALZHEIMER'S ASSOCIATION, RAISED FUNDS FOR THE WALK TO END ALZHEIMER'S, AND HELD A MEMORY AND BLOOD PRESSURE SCREENING EVENT FOR SURROUNDING COMMUNITIES ON CAMPUS. RAISED FUNDS FOR THE MANNA FOOD BANK , THE GAITHERSBURG SOCIAL SERVICES DEPARTMENT'S ADOPT A FAMILY PROGRAM AND COLLABORATED WITH SODEXO SENIOR SERVICES TO COLLECT 4,000 POUNDS OF FOOD FOR THE STOP HUNGER CAMPAIGN. PARTNERED WITH THE BLACKROCK CENTER FOR ARTS CULMINATED IN THE CREATION OF THE ARTS FOR LIFE AND LEARNING PROGRAM, WHICH OFFERS WORKSHOPS ON CREATIVE MOVEMENT, PAINTING, AND DRAMA TO THOSE OVER 50. PROVIDED SPACE FOR MORE THAN 25 LOCAL ORGANIZATIONS TO HOLD MEETINGS AND DONATED GOODIE BAGS TO THE STEPPING STONES CHILDREN'S SHELTER. PARTNERED WITH LOCAL HOSPITALS TO PROVIDE FREE DIABETES EDUCATION, SENIOR FIT CLASSES AND TWO LIVING WELL SIX-WEEK WORKSHOPS OPEN TO THE WIDER COMMUNITY. BETHANY VILLAGE PROVIDED CLINICAL PASTORAL EDUCATION TRAINING. BETHANY VILLAGE OAKS SKILLED CARE FACILITY SERVED AS A TRAINING SITE FOR STUDENTS IN THE CUMBERLAND-PERRY VOCATIONAL TECHNICAL SCHOOL'S CERTIFIED NURSING ASSISTANT PROGRAM. TRAINING SITE FOR HARRISBURG AREA COMMUNITY COLLEGE CERTIFIED NURSING ASSISTANT AND GERIATRIC NURSING PROGRAMS. CAMPUS STAFF PROVIDED HOUSING AND WORKED WITH INTERNS IN THE MASTER'S IN HEALTHCARE ADMINISTRATION PROGRAMS AT GEORGE WASHINGTON UNIVERSITY AND GEORGETOWN UNIVERSITY. IN ADDITION, BETHANY VILLAGE PROVIDED INTERNSHIP OPPORTUNITIES WITH MESSIAH COLLEGE IN THE AREAS OF ASSISTED LIVING, SKILLED CARE AND SOCIAL WORK. FURTHER, BETHANY VILLAGE'S WELLNESS DIRECTOR SPOKE TO MESSIAH COLLEGE STUDENTS IN A SEMINAR CLASS ABOUT WORKING WITH SENIOR CITIZENS. BETHANY VILLAGE CONTINUED ITS COMMITMENT TO THOSE AFFECTED BY ALZHEIMER'S DISEASE BY HOSTING MONTHLY SUPPORT GROUPS FOR FAMILY MEMBERS OF THOSE WITH ALZHEIMER'S AND RAISING MORE THAN $4,800 FOR THE ALZHEIMER'S ASSOCIATION MEMORY WALK. SPONSORED A BLOOD DRIVE FOR THE CENTRAL PENNSYLVANIA BLOOD BANK, ASSISTED WITH THE UNITED WAY DAY OF CARING, VOLUNTEERED AT REACH HOMELESS SHELTER AND COLLECTED OVER 600 POUNDS OF FOOD FOR NEW HOPE MINISTRIES. ORGANIZED A CLASS TO HELP SOMALI REFUGEES LEARN ENGLISH AND HOSTED AND DONATED HELP AND SPACE FOR AN AFTER-SCHOOL TUTORING PROGRAM FOR THE SOMALI COMMUNITY IN CENTRAL PENNSYLVANIA. DONATED WALKERS, WHEELCHAIRS, AND MOTORIZED SCOOTERS TO THE UNITED CEREBRAL PALSY CHANGING HANDS PROGRAM AND OVER 20 BAGS OF CLOTHING WERE DONATED TO VOLUNTEERS OF AMERICA FOR AREA THRIFT STORES. DONATED ROOM SPACE TO SEVERAL AREA COMMUNITY GROUPS INCLUDING THE MECHANICSBURG ROTARY CLUB, WEST SHORE CHAMBER OF COMMERCE AND THE OYSTER MILL PLAYHOUSE. HELD A GREEN FAIR WHERE BETHANY VENDORS DISPLAYED THEIR COMPANIE'S INVOLVEMENT WITH "GOING GREEN" TO THE SURROUNDING COMMUNITY AND RESIDENTS. EPWORTH MANOR PROVIDED ON-SITE CARING FOR THE ELDERLY TRAINING TO STUDENTS FROM THE TYRONE AREA HIGH SCHOOL HEALTH TECH TRAINING PROGRAM PROVIDED SUPERVISION OF A STUDENT EXPLORING ELDER CARE CAREERS THROUGH THE CAREERLINK SUMMER YOUTH PROGRAM OF BLAIR COUNTY FROM JUNE THROUGH AUGUST. RAISED $960 FOR THE ALZHEIMER'S ASSOCIATION MEMORY WALK AND HOSTED THREE CLASSES IN APRIL, AUGUST AND NOVEMBER FOR THE SENIORS FOR SAFE DRIVING PROGRAM. AN EPWORTH MANOR ASSOCIATE PROVIDED CPR TRAINING TO THE STAFF OF TWO AREA PHYSICIANS. DONATED WHITE PLASTIC BAGS FOR USE AS GOODIE BAGS TO THE CHILDREN'S MIRACLE NETWORK . FOOD DRIVE WAS HELD TO BENEFIT THE TYRONE AREA FOOD BANK AND GIFTS WERE COLLECTED FOR THE SALVATION ARMY CHILDRENS CHRISTMAS GIFT PROJECT. HOSTED SPRING SIGN-UPS FOR THE TYRONE YOUTH BASEBALL ASSOCIATION. SPRINGHILL PROVIDED SUPERVISION FOR SPEECH THERAPY INTERNS FROM EDINBORO UNIVERSITY, PHYSICAL THERAPY INTERNS FROM GANNON UNIVERSITY AND MERCYHURST COLLEGE, AND SERVED AS A CLINICAL TRAINING SITE FOR NURSE AIDES WITH HEALTHCARE VENTURES ALLIANCE. MARKETING STAFF PROVIDED A PROJECT FOR FOUR STUDENTS IN MERCYHURST COLLEGE'S MARKETING COMMUNICATION AND STRATEGIES CLASS. PROVIDED 195 HOURS OF SUPERVISION FOR A STUDENT IN PENN STATE UNIVERSITY'S KINESIOLOGY NURSING PROGRAM, AND AN EDUCATIONAL SESSION WAS HELD FOR 22 NURSING DIRECTORS FROM THE REGION IN FEBRUARY. THE COMMUNITY RAISED OVER $7,000 FOR THE ALZHEIMER'S ASSOCIATION MEMORY WALK AND OVER $1,000 FOR THE LEUKEMIA & LYMPHOMA SOCIETY'S LIGHT THE NIGHT WALK. HOSTED SUPPORT GROUPS FOR FAMILY MEMBERS OF THOSE WITH ALZHEIMER'S AND NEUROPATHY AND DONATED ROOM SPACE FOR A 55 ALIVE CLASS FOR THE AMERICAN ASSOCIATION OF RETIRED PERSONS (AARP). STAFF MEMBER SERVED ON THE EXECUTIVE COMMITTEE AND BOARD OF DIRECTORS FOR THE ERIE CENTER ON HEALTH AND AGING. CONTRIBUTIONS TO THE LOCAL ENVIRONMENT INCLUDED RECYCLING DRIVES DURING THE SPRING MONTHS AND CONTINUED SPONSORSHIP AND CLEANUP EFFORTS ON A TWO-MILE STRETCH OF HIGHWAY THROUGH THE ADOPT-A-HIGHWAY PROGRAM. ASSOCIATES SERVED AS VOLUNTEERS FOR SEVERAL COMMUNITY INITIATIVES INCLUDING THE SECOND HARVEST FOOD BANK, THE ERIE COMMUNITY CULTURAL ARTS THEATRE, AND AN AUCTION TO SUPPORT THE LOCAL PUBLIC BROADCASTING TELEVISION STATION.
FORM 990, PART VI, SECTION A, LINE 1
THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS CAN ACT IN PLACE OF THE BOARD BETWEEN MEETINGS. ALL MEMBERS OF THE EXECUTIVE COMMITTEE ARE MEMBERS OF THE BOARD OF DIRECTORS.
FORM 990, PART VI, SECTION A, LINE 1
WE REPORTED 11 INDEPENDENT VOTING MEMBERS OF THE GOVERNING BODY. THE NON-INDEPENDENT BOARD MEMBERS CONSIST OF ONE EMPLOYEE OF ASBURY, ONE RESIDENT OF BETHANY VILLAGE, ONE RESIDENT OF SOLOMONS, AND ONE RESIDENT OF ASBURY METHODIST VILLAGE.
FORM 990, PART VI, SECTION A, LINE 6
ASBURY ATLANTIC HAS ONE MEMBER. THE SOLE MEMBER IS ASBURY COMMUNITIES, INC.
FORM 990, PART VI, SECTION A, LINE 7A
ASBURY COMMUNITIES, INC IS THE SOLE MEMBER OF ASBURY ATLANTIC AND ELECTS THE GOVERNING BODY.
FORM 990, PART VI, SECTION A, LINE 7B
ONLY CERTAIN DECISIONS OF THE GOVERNING BODY ARE SUBJECT TO ASBURY COMMUNITY INC'S APPROVAL. THESE DECISIONS INCLUDE: (1) MANAGEMENT SERVICES RELATIONSHIPS AND CONTRACTS; (2) ANY ORGANIZATIONAL CHANGE IN GENERAL, INCLUDING MERGERS, SALES, LEASES, ETC, OF SUBSTANTIALLY ALL OF THE ASSETS AND THE CREATION OF NEW ENTITIES; (3) AMENDMENTS TO MISSION OR VISION STATEMENTS; (4) AMENDMENTS TO THE ARTICLES OF INCORPORATION OR BYLAWS.
FORM 990, PART VI, SECTION B, LINE 11
ASBURY COMMUNITIES IS THE SOLE MEMBER OF ASBURY ATLANTIC, ASBURY SOLOMONS, INC AND INVERNESS VILLAGE, AN OKLAHOMA NOT FOR PROFIT CORPORATION. ASBURY COMMUNITIES HAS A SYSTEM WIDE AUDIT COMMITTEE. THE ASBURY ATLANTIC BOARD OF DIRECTORS HAS DELEGATED A REVIEW OF THE FORM 990 TO THE SYSTEM AUDIT COMMITTEE. A COPY OF THE FORM 990 WILL BE MAILED TO COMMITTEE MEMBERS PRIOR TO MEETING. IN ADDITION, THE FORM HAS BEEN POSTED ON THE ASBURY ATLANTIC BOARD OF DIRECTORS' INTRANET SITE, AND IS AVAILABLE FOR REVIEW BY ALL DIRECTORS. ALL DIRECTORS MAY POSE QUESTIONS OR ASK FOR CLARIFICATION FROM THE STAFF AUDIT COMMITTEE. ANY BOARD MEMBER INTEREST IN ATTENDING HTE AUDIT COMMITTEE MEETING VIA TELECONFERENCE IS INVITED TO DO SO AND WILL BE PROVIDED A DIAL-IN NUMBER.
FORM 990, PART VI, SECTION B, LINE 12C
THE ASBURY COMMUNITIES CONFLICT OF INTEREST POLICY WAS APPROVED BY THE BOARD OF DIRECTORS. THE COMPLIANCE OFFICER IS GENERALLY RESPONSIBLE FOR THE POLICY PROCESS. ALL THE ENTITIES WITHIN THE ASBURY COMMUNITIES GROUP ARE SUBJECT TO THE POLICY. ANNUALLY, THE COMPLIANCE OFFICER CONDUCTS A COMPREHENSIVE CONFLICT DISCLOSURE PROCESS COVERING ALL MEMBERS OF THE GOVERNING BOARDS, SYSTEM WIDE COMMITTEES, AND INDIVIDUALS IN MANAGEMENT POSITIONS. ANNUALLY, EACH MEMBER OF THE GOVERNING BODY COMPLETES A DETAILED QUESTIONNAIRE DESIGNED TO IDENTIFY ANY ACTUAL OR POTENTIAL CONFLICTS OF INTEREST. A FULL REPORT OF RESPONSES TO THIS QUESTIONNAIRE IS REVIEWED BY THE COMPLIANCE OFFICER AND PROVIDED TO THE AUDIT COMMITTEE. IN CASE CONFLICT OF INTEREST ARISE, THE MEMBER OF GOVERNING BODY WILL BE ASKED TO RESIGN FROM THE ORGANIZATION.
FORM 990, PART VI, SECTION B, LINE 15
THE SYSTEM WIDE COMPENSATION COMMITTEE MEETS WITH THE INDEPENDENT COMPENSATION CONSULTANT, AND BASED ON INFORMATION PROVIDED TO THE COMMITTEE MAKES RECOMMENDATIONS REGARDING COMPENSATION AND BENEFITS TO THE EXECUTIVE COMMITTEE WHICH IS CHARGED WITH MAKING DECISIONS REGARDING COMPENSATION. THE FULL BOARD(S) OF ASBURY COMMUNITIES AND ASBURY ATLANTIC EACH HAVE A PRESENTATION ONCE EACH YEAR ON EXECUTIVE COMPENSATION AND BENEFITS. THE CHIEF PEOPLE OFFICER IS PRESENT TO GIVE BOARD MEMBERS AN OPPORTUNITY TO ASK QUESTIONS AND TO PROVIDE SALARIES AND GRADE LEVELS FOR THEIR REVIEW. THE SYSTEM WIDE COMPENSATION COMMITTEE IS COMPOSED OF 5 VOTING MEMBERS, THE CHIEF PEOPLE OFFICER (NON-VOTING), A RETAINED ATTORNEY (NON-VOTING; RECORDS PROCEEDINGS IN MINUTES), AND IS ADVISED BY TOWER WATSON (A COMPENSATION CONSULTING FIRM). THE SYSTEM WIDE COMPENSATION COMMITTEE HOLDS 4 MEETINGS EACH YEAR (JAN, MARCH, JULY, AND NOV). IN THE NOVEMBER MEETING THEY REVIEW TOWER WATSON DATA AND REPORTS IN ORDER TO MAKE RECOMMENDATIONS REGARDING SALARIES AND BENEFITS. THE EXECUTIVE COMMITTEE OF ASBURY COMMUNITIES ULTIMATELY REVIEWS/APPROVES/ AND OR ADJUSTS RECOMMENDATIONS FROM THE SYSTEM WIDE COMPENSATION COMMITTEE AND SETS COMPENSATION.
FORM 990, PART VI, SECTION C, LINE 19
THE GOVERNING DOCUMENTS ARE AVAILABLE IN THE RESIDENT LIBRARIES. THE CONFLICT OF INTEREST POLICY IS AVAILABLE UPON REQUEST. THE AUDITED FINANCIAL STATEMENTS ARE AVAILABLE FOR PUBLIC VIEWING ON OUR WEBSITE.
FORM 990, PART VII, SECTION A
THE OFFICERS THAT HAVE COMPENSATION FROM RELATED ORGANIZATIONS REPORTED IN PART VII, SECTION A, COLUMN E OF THE FORM 990 PROVIDE EXECUTIVE MANAGEMENT SUPPORT AND OVERALL GUIDANCE TO ASBURY ATLANTIC, INC. AS WELL AS THE OTHER RELATED ORGANIZATIONS OF ASBURY COMMUNITIES, INC. THERE ARE OVER 1,900 TOTAL EMPLOYEES IN THE ASBURY COMMUNITIES, INC. SYSTEM. THE 2010 CONSOLIDATED AUDITED FINANCIAL STATEMENTS FOR ASBURY COMMUNITIES, INC. HAD TOTAL REVENUES OF $162.1 MILLION AND TOTAL ASSETS IN EXCESS OF $500 MILLION.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 873,174. TRANSFER FROM ASBURY FOUNDATION 576,118. TRANSFER FROM ASBURY COMMUNITIES -2,060,000. NET UNREALIZED GAIN ON DERIVATIVE INSTRUMENTS -2,503,773. CHANGE IN BENEFICIAL INTEREST OF FOUNDATION 1,556,405. CHANGE IN VALUE OF DFERRED GIVING -110,075. LOSS ON ADVANCED BOND FUNDING -4,885,744. LOSS ON SALE OF ASSETS -1,293,130. UNRELATED BUSINESS LOSS 52,300. TOTAL TO FORM 990, PART XI, LINE 5: -7,794,725.
FORM 990, PART XI, LINE 2C
THE ORGANIZATION HAS NOT MADE ANY CHANGES TO ITS OVERSIGHT OR SELECTION PROCESS FROM THE PRIOR YEAR.
SCHEDULE K - ALLOCATION OF TOTAL PROCEEDS OF ISSUE (SERIES 2009B MD BONDS)
FORM 990, SCHEDULE K, PART II
THE PROCEEDS OF THE SERIES 2009B MD BONDS (CUSIP #363128CB3) ISSUED BY THE CITY OF GAITHERSBURG (MD) WERE ALLOCATED BETWEEN 2 ENTITIES: ASBURY ATLANTIC, INC. (EIN 52-0607956) AND ASBURY SOLOMONS, INC. (EIN 52-1862675). THE TOTAL PROCEEDS FROM THE ISSUE OF THE SERIES 2009B MD BONDS IS $43,806,989 (NET OF ISSUANCE DISCOUNT OF $13,011) AND IS ALLOCATED AS FOLLOWS: ASBURY ATLANTIC, INC. $17,878,771 ASBURY SOLOMONS, INC. $25,928,218
REASON FOR AMENDING RETURN:
990 PAGE 1 BOX B
AMENDING THE RETURN TO PROVIDE UPDATED INFORMATION ON SCH K PART I AND PART II ALSO DETAILED SUPPLEMENTAL INFORMATION IN PART V WHICH WAS INADVERTENTLY OMITTED FROM ORIGINAL FILING.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.