Seward County approves legal representation for wind project, raises juror pay and adopts Vision Zero plan

The Seward County Board of County Commissioners voted Monday to engage attorney Glenn Kerbs' firm to advise the county on wind-project zoning and ancillary agreements, approve a one-time special check and raise juror pay, and formally adopt a Vision Zero (Safe Streets and Roads for All) action plan.

The commission approved a motion by Commissioner Carr to retain Glenn Kerbs' firm to represent Seward County on wind farm agreements, contingent on County Administrator Nathan working up a contract with a fee structure. Kerbs told the commission his Dodge City firm has worked on multiple wind projects since 2005 and advised counties on zoning regulations, county contribution (pilot) agreements, school donations, road-use maintenance agreements and decommissioning agreements. “We charge $250 an hour plus expenses. We charge $75 an hour for our paralegal work,” Kerbs said, adding that, in prior agreements, developers reimbursed county legal fees.

The hiring motion passed after commissioners asked that Nathan finalize a contract spelling out fees and terms. Commissioner Carr moved the hire; Commissioner Fuller seconded the motion. The commission approved the motion by show of hands (approval recorded as passed). The contract will return to the commission for final review once staff and the firm finalize terms.

The commission also voted to increase juror pay after a presentation by Donna O’Neil, Seward County district court clerk. O’Neil said the statutory daily pay for jurors had been $10 since at least July 11, 1996, and she and Chief Judge Peterson requested raising the amount to $30 for each person who signs in and $50 for jurors selected to serve. O’Neil estimated she would need a special check of $2,480 to cover an upcoming four-day trial starting June 24. “I have adequate funds in my jury budget right now,” O’Neil told the commission. Commissioner Helm moved the increase and the special check; Commissioner Abbott seconded. The commission approved the pay change and the special check by show of hands.

Finally, the commission adopted Resolution 2025-11 to formally adopt Seward County’s Vision Zero policy and the Safe Streets and Roads for All (SS4A) action plan so the county can pursue federal SS4A demonstration and implementation grants. Abel Wharton presented background and said Seward County joined a regional SS4A planning effort in 2022 with neighboring cities and counties. “This is the federal side, which is typically ... much bigger projects,” Wharton said, contrasting SS4A with state High Risk Rural Roads (HRRR) grants. Commissioner Hillman seconded the resolution and the commission approved it by show of hands.

Why it matters: The legal representation vote begins formal county preparations to review conditional-use applications and ancillary agreements tied to a proposed Thresher wind project; Kerbs advised counties to adopt clearer local wind and solar regulations and to seek road-use and decommissioning assurances. The juror-pay increase moves county practice toward the statutory maximum for juror compensation and supplies funds for imminent trials. Adopting the Vision Zero policy enables Seward County to apply for larger federal safety grants under SS4A.

What commissioners and staff emphasized: Commissioners pressed for clear contract language and transparency on costs and potential conflicts when developer payments reimburse county legal expenses. Several commissioners raised decommissioning and road impacts as key negotiation points for wind agreements; Kerbs said decommissioning security is typically required to be placed 10–15 years into a project and that counties periodically review whether posted security remains adequate. On juror pay, O’Neil noted she has already adjusted next year’s budget to account for the higher rates and told the commission she will publicize the increase during upcoming radio appearances.

Next steps: County staff will draft a written contract with Kerbs’ firm for the commission to review and, separately, circulate the finalized SS4A materials to ensure the county meets federal application requirements. The clerk’s office will issue the special check to cover the June trial and implement the new juror rates.

Votes at a glance: - Motion: Retain Glenn Kerbs’ firm to represent Seward County on wind farm agreements, contingent on County Administrator Nathan preparing a contract with a fee structure. Mover: Commissioner Carr; Second: Commissioner Fuller; Outcome: approved (motion contingent on contract). - Motion: Increase juror pay to $30 per day for individuals who sign in and $50 per day for jurors selected to serve; issue a special check for $2,480 to cover an upcoming trial. Mover: Commissioner Helm; Second: Commissioner Abbott; Outcome: approved. - Motion: Adopt Resolution 2025-11, formally adopting Seward County’s Vision Zero policy and the SS4A action plan. Mover: (presenter/administrator motion recorded); Second: Commissioner Hillman; Outcome: approved.

Sources: Meeting transcript of the Seward County Board of County Commissioners, June 16, 2025; on-the-record comments from Glenn Kerbs, Nathan (county staff), Donna O’Neil and Abel Wharton.