NCBA Conservation
Organization
Welcome to the NCBA
Conservation Organization. We are
glad you are here!
The NCBA Conservation Organization
is a Michigan nonprofit corporation dedicated to acquiring, maintaining, and
protecting nature sanctuaries, nature preserves, and natural areas in this
state that predominantly contain natural habitat for fish, wildlife, and plants
for the benefit of all residents of Michigan.
The Internal Revenue Service has found
that NCBACO
is a charity within the meaning of Section 501(c)(3) of the Internal Revenue
Code. The NCBACO was organized in the
Fall of 2011.
The NCBA Conservation Organization
is growing! All our property is open to
you as residents of Michigan for nondestructive educational and recreational
use including hiking, bird watching, cross-country skiing, and
snowshoeing. No commercial,
agricultural, residential, or business use is permitted.
Some of our newest lots are Lots 1-13
and 28-40 of Block 10 in Pentwater Beach Addition No. 2; Lots 5-7 and 34-40 of
Block 8 of Pentwater Beach Addition No. 2; Lots 1-12 of Block 24, Pentwater Beach
Addition No. 2 near Perry Avenue; and three lots near Sandhill Road - Lots
30-32 of Block 27 of Pentwater Beach Addition No. 2. Our newer lots are Lots 12 through 14 of
Block 17 In Pentwater Beach Addition No. 2 (on the west side of Fremont between
Parsons and Ede) and Lots 25 and 26 in Block 10 in Pentwater Beach Addition No.
1 (on the east side of Helena between Parsons and Ludington Avenue). Our “old” lots are Lots 27 and 28 in Block 20
and Lots 5 & 6 in Block 15 of the Oceana County subdivision known as
Pentwater Beach Addition No. 2. The
former are located on the east side of North Richard Avenue between Topping
Avenue and Rose Avenue. The latter are
located on the west side of Leland Avenue between Ede Avenue and Hoyt
Avenue.
Please enjoy both our new and old lots!
As a nonprofit entity we depend on
donations of land and money. As we
acquire donations, we hope to expand our holdings for the benefit and enjoyment
of all Michigan residents.
We sponsored a meeting regarding the
Hemlock woolly adelgid, which has infested some of the Hemlock trees near Lake
Michigan in Mason and northern Oceana County of late. It is our hope to assist in the control of
this pest, which continues to be a threat to our local forests.
From the CO Archives NEW SECTION
The Directors of the NCBA Conservation
Organization (CO) are aware that a great deal of misleading and inaccurate
information has been spreading throughout our community. We want you to know
that the Board of the CO wishes to be as forthcoming as possible and hopes to
set the record straight on a number of these issues through the new From the
CO Archives section of the CO website. In this section we will be posting
--
·
Correspondence and issue papers
addressing topics of concern and questions that have come to our attention
(many of which were originally sent to the NCBA community as emails).
·
Related documentary records, including the
minutes of past annual meetings of the NCBA (which routinely included reports
of CO activities), newsletters, notices and other correspondence.
We
believe these materials will enable us to answer your questions, as well as
counter the misinformation that has been circulating. Whether you are a
long-term resident of NCBA or are a newcomer, we want to assure you that from
its origins in 2011, the CO has been up front
about its record of acquisitions and the intention to make its land holdings
accessible to Michigan residents for non-destructive recreational and
educational use. It should be noted that the CO land holdings now form a
considerable Nature Preserve and protect more than 32 acres of undisturbed
forested dune within the boundaries of Pentwater Beach Additions 1 & 2. These land holdings were
acquired over many years through donations of land and money from members of
the NCBA community. As properties have been acquired, they have offered residents
of Michigan, including our own neighbors, the
opportunity to walk the woods, enjoy the natural setting, observe the wildlife,
and engage in other non-destructive recreational and educational activities.
Records Relating to the Founding of
the NCBA Conservation Organization
The CO Board of Directors
has recently reviewed the CO’s founding documents and has decided to post them
for your review. We hope you will agree with our finding that the records clearly
indicate that the NCBA membership was fully informed from the beginning of 1)
the increasing tax burden of the lands held by the NCBA for conservation
purposes and 2) the fact that the formation of a nonprofit, conservation
organization could alleviate the financial problem but would require, in
exchange for the benefits as a tax-exempt and qualified charitable
organization, the two-fold commitment—
·
Protect the natural character of our community’s undeveloped
forested dunes in perpetuity.
·
Make the conservation lands accessible to residents of Michigan
for non-destructive activities, such as hiking, nature study, birdwatching, and
snowshoeing.
Based on these records, the
CO Directors issued the first in its series of informative emails in February
2023. Entitled The
Founding of the NCBA Conservation Organization, this message examined
the facts relating to the founding of the CO and refuted the inaccurate claim
that the CO’s founders kept the organization’s legal obligation to make its
future holdings accessible to residents of Michigan a secret. To get a fuller
understanding of the issues considered in 2011, we urge you to read the documents listed in the table below for
yourself. We hope the information they contain will answer some of your
questions and dispel any misconceptions and rumors about CO activities you have
heard in recent months. It is the hope of the CO directors that putting the
facts out there for your review will help cultivate an informed, meaningful,
and respectful dialogue when we discuss your concerns about issues such as
public access on CO lands in the upcoming Open Meeting.
Key records pertaining
to the founding of the CO are listed below and can be accessed by clicking on
the name of the document in the Title column. Here you will find records
documenting the circumstances necessitating the creation of the CO, as well as the
proceedings where the proposal for a conservation organization was presented to
the community and, after considerable open discussion, was approved by the NCBA
trustees. We draw your attention to the Special
Notice – NCBA Land Protection which was sent with the
notice for the 2011 NCBA Annual Members Meeting. This document clearly
demonstrates that members of the community were 1) fully informed about the
issues and obligations involved in the CO’s creation, and 2) invited to
participate in several meetings to learn more about the proposal and voice
their opinion before the proposal was voted on by the NCBA Trustees. Two sets
of minutes, Minutes--2011
NCBA Annual Meeting and
Minutes-- NCBA
Open Meeting, provide details about the facts presented to the NCBA
membership, the questions asked and answered, and the issues discussed prior to
the CO’s creation. Although NCBA members had many questions and voiced some
concerns, no major objections were expressed at the Annual Members Meeting in
August 2011 or at the NCBA Trustees meeting a month later, to which members
were invited to participate and where the Board of Trustees voted unanimously
to establish the NCBA Conservation Organization. You might also want to read
the first NCBACO
President’s Letter which provides an overview of the CO’s founding, its
relationship to the existing NCBA Land Fund, and its future role and
responsibilities under Michigan law.
|
Date |
Type of
Record |
Related
Event |
Title |
Notes on
Content |
|
|
|
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|
July 2011 |
Notice |
NCBA Annual
Members Meeting |
Notice of
2011 annual meeting (as required by NCBA by-laws) which includes the
Trustees’ proposal for creation of a Conservation Organization |
|
|
July 2011 |
Special
Notice |
NCBA Annual
Members Meeting |
Addendum (to
above notice) which provides facts about proposed CO including the tax
benefits and dual responsibilities to preserve the land in perpetuity and
provide access to Michigan residents. This document mentions the various
options considered by the NCBA trustees and the rationale for recommending
the creation of a CO. It also demonstrates members of the community were
informed of the issues and obligations involved in the creation of the
Conservation Organization and were invited to participate in several meetings
to learn more about the proposal, ask questions, and voice their
opinion. |
|
|
6 Aug 2011 |
Minutes (Approved Aug
2012 |
NCBA Annual
Members Meeting |
Minutes of
2011 members’ meeting where NCBA Trustees presented CO proposal and conducted
an open Q & A session. This document provides a comprehensive overview of
the proceedings, including details such as the questions asked, answers
provided, and members’ discussion. |
|
|
3 Sept 2011 |
Minutes |
NCBA Board of
Trustees Meeting |
Minutes of
Labor Day Trustees’ Meeting at which Board voted unanimously to create the
NCBA Conservation Organization (NCBA CO). This document indicates that,
although all NCBA members were invited to participate, only a handful
attended and no objections were voiced. |
|
|
Dec 2011 |
Community
Newsletter |
NCBA –
General Information |
Newsletter
announcing the creation of the NCBA CO ….to preserve the land within NCBA in
a natural state forever for the benefit of the residents of Michigan.” This
document named those NCBA Trustees who would serve as the officers and
directors of the new organization. The acquisition of the first two parcels
through land donations from two NCBA members was announced, and the
anticipated tax benefits to donors of land or money once the CO gained status
as a 501 c(3) charitable institution was described. |
|
|
19 Jun 2012 |
Letter sent
to NCBA members |
NCBACO-- Routine
Operations |
First message
from the CO President to NCBA membership This letter provides an overview of
the organization’s founding, relationship to the existing NCBA Land Fund, and
future role and responsibilities “as a not-for-profit entity formed under
Michigan law and allowed to hold property for the purpose of protecting
nature sanctuaries, nature preserves and natural areas.” The letter further
reminds members that any property owned by the CO “will be held in perpetuity
for conservation purposes and shall be open to all residents of the state of
Michigan for educational or recreational use.” |
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1 March 2023 |
Litigation has been filed in Oceana
Circuit Court by individuals seeking to vacate Parsons Avenue, a platted street
in the subdivision Pentwater Beach Addition No. 2. Some of NCBA Conservation Organization’s
property is in that subdivision. The
NCBA Conservation Organization is one of the defendants in that case.
The plaintiffs wish to vacate the street
and add some of it to their property.
The NCBA Conservation Organization seeks to keep the street open.
Lots has been said about what the
lawsuit is about, some of it quite inaccurate.
Decide for yourself. What do you
think of the claims made by the parties?
Some of the papers they have filed in court are below.
3.
NCBACO's original Answer filed August, 2021, claiming
Nelson rights (replaced)
4.
NCBACO’s Current Answer to
Plaintiffs' Complaint with Counterclaim
5.
Hissong Answer and Cross-claim
6.
NCBACO Answer to Cross-claim with defenses
Please direct any questions or comments
about the NCBA Conservation Organization to Linda McClelland, president, at PO
Box 1043, Pentwater, Michigan 49449, or write us at ncbacoptw@gmail.com.
Emails from the NCBACO board to our
neighbors:
Last modified on 5 March 2023