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DeBary Council discusses formation of independent DeBary Foundation to solicit donations, conserve land
Summary
City staff and council members reviewed draft bylaws and directed changes to create an independent DeBary Foundation that can accept donations, pursue conservation acquisitions, and coordinate projects with the city; no final resolution was adopted at the meeting.
City of DeBary staff presented draft bylaws and a timeline for creating an independent nonprofit, the DeBary Foundation Inc., and council members provided guidance on governance, fundraising authorities and oversight on Tuesday.
The city manager described the foundation’s purpose as soliciting donations, endowments and gifts for civic projects including parks, public art and memorials and said the initial board would be selected by the City Council then operate independently. The manager said the initial incorporation work would be followed by an application for federal tax-exempt status (IRS 501(c)(3)) and that staff expected corporate formation in Q2 and the 501(c)(3) filing in Q3 of 2025.
The foundation concept drew sustained discussion because council members sought both community fundraising capacity and clear accountability. Council members and staff agreed on multiple procedural points: the foundation should be independent from daily city operations, its meetings must be publicly noticed, minutes will be public records, projects on city property require city approval and the council will appoint the initial board but not control later board selections.
Volunteers and staff said a volunteer, Jim Old, had drafted the initial bylaws and worked with city attorneys on revisions; Sherry Simmons and other staff assisted. The manager described likely duties for an eventual executive director and recommended legal counsel be available to the board. The mayor said he would personally provide $1,000 to cover early incorporation and filing costs while the foundation is not yet a tax-exempt entity.
Council members pressed for financial safeguards. Council member Stevenson asked how the foundation’s finances would be visible to the city; staff said the foundation would be considered a component unit and would need to provide documents to the city, though donors may expect some privacy. The manager and staff said any gifts used on city property must be coordinated with city strategic plans to avoid unwanted improvements or liability exposure.
On governance details the council coalesced around several changes staff will incorporate before returning a final resolution: remove an “Emeritus” membership classification, allow the foundation to accept and hold land (a land‑bank/conservation function), set the board at seven members to stabilize attendance, and stagger terms using a two‑ and three‑year rotation to avoid mass turnover. Council members discussed eligibility for the board (residents, small business owners, corporate representatives, elected officials) and agreed to allow but not require elected officials to serve.
Council members emphasized that the foundation could pursue a wide range of fundraising activities — from selling commemorative pavers and bench dedications to running events or pursuing grants and legislative appropriations — but any project placed on city property would need prior city approval. Staff advised that physical improvements identified by the foundation could carry separate costs that the city would have to approve and budget.
The presentation closed with staff saying they will revise the draft bylaws to reflect council guidance and bring a resolution back for formal adoption. No final action to create the foundation or adopt the bylaws was taken at the meeting; council provided direction only.
