May 7, 2025 - Nancy Adams, Shelby County Election Administrator, spoke with the Shelby County Commissioners about establishing a surplus fund for the Elections Administrator during their meeting held April 30, 2025.
“Over the past couple of years, as I have learned more and more things about elections and the process and how we do things, I have been talking to other elections administrators and also my trainer from the Secretary of State's office who said, ‘You need to have a surplus fund.’ Everybody, the state of Texas, Texas Correction Code says that we can have a surplus fund,” said Adams.
Adams explained that when she contracts with cities and schools she sends them a bill for everything the county has already paid. When the bill comes in, because Adams does everything before the election for the entity seeking election, Adams then sends the bills to Ann Blackwell, County Treasurer, who then pays the bills.
Then at the end of the election, Adams itemizes and splits everything out to what entity it goes to.
Adams gave an example of a 10% extra charge that could be applied to an entity using the election equipment. For the benefit of example, Adams proposed a bill for $1,200 to the city of Joaquin for which she could apply an addition of $120. She stated this would be in addition to rental fees, which she can not use for surplus.
“The surplus will be $120 that I get to put into a line item. Clint [Porterfield, Auditor], and I have talked about it. It wouldn't be a bank account. I don't want that. Don't need that. But it would be a line item so that when City of Joaquin sends us a check, they'll send a check for the total amount and then Ann [Blackwell] would split out that $120 into the elections administrator surplus fund,” said Adams.
Adams stated the surplus isn’t something that's regulated by the county commissioners, and commissioners don't have to approve its expenditures. She also explained that It not something that can be used when budget is being considered for her office.
The funds can be spent on election equipment.
“For a surplus over a year's time, If we get $10,000 in it and I need a machine I can buy that machine, have Ann pay it out of that budget line item, So it doesn't cost to counting anything. It doesn't affect my budget,” said Adams.
Adams inquired with the commissioners about voting machine rental fees also being placed in the Election Administrators surplus fund.
“Since those new machines were paid for through ARPA (American Rescue Plan Act). I'd like to know if y 'all are OK also with us putting those rental fees, which we're charging $100 a machine right now, if we can put those rental fees in that surplus fund as well,” said Adams. “Because then if I have to buy a $6,000 machine for some reason, something breaks or whatever the case may be, we get a whole bunch more voters and I need more machines. I can buy out of that fund without touching the general budget.”
Roscoe McSwain, Commissioner Precinct 1, asked where the $100 rental fee currently is going and Adams said that it goes into the elections budget.
Commissioner McSwain moved to establish the Election Administrator Surplus Fund per Texas Election Code 31.100 and establishment of fund 88 for the election services contract. Tom Bellmyer, Commissioner Precinct 4, seconded the motion and it carried.
Commissioner McSwain also moved to approve the voting machine rental fees be placed in the Elections Administrator surplus fund. The motion was seconded by Commissioner Bellmyer and it carried.
Kevin Dutton with Linebarger, Goggan, Blair and Sampson, presented the commissioners with tax resale properties that were sold contingent on the approval of the commissioners’ court.
It was stated there were 16 properties, of which six remained pending.
“When we do a resale, which is one that's been struck off that’s being held in trust, we do not have to start our bidding at the minimum of either the value of the property or the taxes. We can basically sell it for whatever we can get for it at the market,” said Dutton. “But if it's below a certain amount, I believe y'all set it at 80%, if it's below that amount, then we have to go to the entities for approval. And at this point, something's better than nothing and getting them back on the tax roll where they're generating more taxes for us.”
Commissioner McSwain moved to accept the sales as-is. Commissioner Bellmyer seconded his motion and it carried.
The commissioners discussed a water leak at the Tri-County Head Start, and when County Judge Allison Harbison said she first learned of the circumstances she made contact with Head Start and they sought a quote from Strickland Plumbing, which was $10,000.
Ann Blackwell, County Treasurer, confirmed the organization had an original agreed amount of $2,500 a month, but that a later agreement of $2,250 was met so the remainder $250 could go toward minor repairs by the organization.
Commissioner McSwain expressed concern over the risk of continued issues at the location due to age of the facility.
Judge Harbison said she encouraged Tri-County around a year ago they need to seek another location, and that she had a good conversation with the executive director who said she is looking for another place.
Stevie Smith, Commissioner Precinct 3, described a donation of concrete from Neil McFadden for Precinct 3 of concrete that he has on his property. Commissioner Smith explained that would mean taking a track hoe to McFadden’s personal property to remove the concrete and take it to washout locations.
Commissioner Smith moved to accept the donation, and his motion was seconded by Shannon Metcalf, Commissioner Precinct 2. The motion carried.
The commissioners considered amending the previous action taken in court on March 5, 2025 regarding the source of payment to Encore Music for the installation of audio and technology equipment for the County Courtroom.
Judge Harbison said that in speaking with Clint Porterfield, County Auditor, instead of taking funds from the Courthouse Repair fund to instead take it from the Court Facility Fee fund (fund 65) specifically for upgrades to facilities and the remainder from the LATCF fund.
The amount being discussed was $4,789.06.
Commissioner McSwain moved to make the change, and Commissioner Metcalf seconded the motion. It carried.
During Commissioners’ Court Reports, Commissioner Bellmyer remarked on concerns the court is delinquent on receiving racial profiling reports from two of the county constables. Constables Jamie Hagler and Zack Warr submitted exemptions to those reports since they do not work traffic, and the court was still waiting on reports from Constables Josh Tipton and Roy Cheatwood.
“We've been through this I guess since February and then recently two weeks ago the sheriff's department two of the constables had their racial profiling reports in and I made mentioned then that I thought we were still delinquent on two reports and I'm not aware that they've been submitted to the court,” said Commissioner Bellmyer.
He said he felt it was an important document and he asked that it be included on the next meeting agenda.
Commissioner McSwain asked for an update on the work to be done on the elevator since the county paid $50,000 last year to the company doing the work. He said he would like to see an update at the next meeting.
The meeting adjourned at 10:08am.
Agenda items approved during the meeting include: 1. Pay weekly expenses. 2. Establish a surplus fund for the Elections Administrator per Texas Election Code 31.100. 3. Voting machine rental fees to be placed into the Election Administrators surplus fund. 4. Tax resale properties. 5. Donation of concrete from Neil McFadden for Pct 3. 6. Amend the action taken in Court on March 5, 2025 regarding the source of payment to Encore Music for the installation of audio and technology equipment for the County Courtroom. 7. Adjourn 10:08am.
