County gives first OK to new camera ordinance

NEW ORDINANCE

This new ordinance is updated to split accounts for pre-legislation and post-legislation so they meet requirements of the new law.”

Garry Seyb, Lee County Supervisor Chairman

LEE COUNTY – The Lee County Board of Supervisors cast a first vote on an ordinance that will define revenues received as part of the county’s automated traffic enforcement program.
At Monday’s Lee County Board of Supervisors meeting, Supervisors voted 5-0 to approve the first reading of the ordinance that dictates how funding, including interest, will be disbursed.
Board Chairman Garry Seyb made it very clear that the intent was to keep the money out of the county’s budgeting process and use it for expenses that otherwise wouldn’t be eligible with the ever-tightening budget under new state property tax caps looming in 2029.
Seyb said he believes, and has been told, the property tax law will get additional consideration in the next legislative session. But getting to $3.50 per $1,000 for general fund expenses by July 1, 2028, will be a tough challenge.
Supervisors passed a previous ordinance controlling speed camera money in March, but new legislation governing the cameras was signed into law by Gov. Kim Reynolds and made that ordinance nonviable.
“It does not meet current legislative requirements after the Governor signed the May 17 legislation,” he said.
“This new ordinance is updated to split accounts for pre-legislation and post-legislation so they meet requirements of the new law.”
The new ordinance will require three readings with the third having a possibility of being waived with a majority vote of the board on the second reading.
Seyb said contrary to what’s been posted on social media, the funds are not to work to reduce the levy  because they are too volatile, as was shown this week when the state denied the county’s application to keep the cameras operational.
The county plans to appeal that decision once an appeal process is laid out, and has intentions to apply again for the permit in 2026.
In the meantime, Seyb said the funds will remain separated and used according to the new ordinance once on the books.
“Those funds are kept separate. There has been some stuff on Facebook, and the money we receive is not going into the general fund. We are not putting it in general supplemental and is not in our tax ask. It can influence our budget, yes, but I never, and I’m just one supervisor, want it to become part of the budget.”
He said when issues crop up like the state making the county turn off the cameras, it could be debilitating to the budget if that revenue is suddenly turned off.
“We are once again discussing with the state to make sure we are meeting criteria and legislation and we are appealing that decision,” he said. “We believe we’ll be successful in that appeal.”
“These funds are very volatile. We don’t know if they will be there, not be there, or everyone just stops speeding, which would be great.”
The ordinance says all funds generated prior to the new legislation being signed into law on May 17, shall be maintained in a separate interest-bearing account, called the Automated Traffic Enforcement Camera 1 or ATEC 1 account. Funds generated on or after that date will be held in an ATEC 2 account.
The new code would require a disbursement from both ATEC 1 and ATEC 2 accounts at the beginning of the fourth quarter for funds generated by the cameras under parameters of the ordinance.
Twenty-five percent of the funds in the ATEC accounts each fourth quarter will be deposited into a separate interest bearing accounts to be utilized as County Reserve Fund (CREF 1 and CREF 2) accounts. Any disbursements from that account would require four of five supervisors to vote in favor, or a supermajority.
The remaining 75% in each of the ATEC accounts can be spent with a simple majority vote of the Board. Any funds remaining in the ATEC accounts following the fourth quarter will be deposited into the corresponding CREF accounts. However, any interest earned and remaining in both ATEC accounts at the end of the fourth quarter will all be deposited in the CREF 1 county reserve fund.
Fees incurred by the sheriff’s department by the camera system, such as witness fees and court fees, will be paid out of the ATEC 1 account for expenses prior to the new law taking effect. The same would apply for expenses incurred after May 17.
The ordinance also allows for 15% of fees collected to go to Secondary Roads and Lee County Sheriff’s Department each.
The new ordinance will be up for another vote at next Monday's Board of Supervisor's meeting.