Members Present: Sally Holewa, State Court Administrator and Committee Chair; Jerome
Gruenberg, Ward County Commissioner, representing counties with populations of 7,500 or more;
Dwayne Erickson, Foster County Commissioner, representing counties with populations under
7,500; William E. Kretschmar, State Representative; and Jim Hill, State Bar Association
representative.
Members Absent: None
Others Present: Louie Hentzen, Assistant State Court Administrator
Chair Holewa called the meeting to order at 10:10 a.m. for purposes of reviewing the fifth
round of requests for court facilities improvement and maintenance grants. Shewelcomed Ward
County Commissioner Jerome Gruenberg (7,500 plus county representative) and Representative
William Kretschmar as recently appointed new members.
Committee members discussed a general approach to grant applications that request security
enhancements or technology-related projects for affected court facilities. It was noted that the
Committee in the past has awarded small grants for security-related projects, but declined others
because of the possible 50/50 cost sharing with the judicial branch. Sally Holewa explained that
50/50 cost-sharing on security projects is not a dedicated budget item in the Supreme Court's budget
and cost-sharing is based on whether funding is available somewhere in the Court's budget. She said
declining awards based on the possibility of a 50/50 cost-share effectively increases the cost to the
county by 25%. She said the availability of a 50/50 cost-share may be an alternative in situations
in which the amount of grant requests exceed the grant funds available.
With respect to technology-related projects, Sally Holewa explained that there are certain
kinds of technology purchases that the judicial system will purchase for a court facility. She said
requests for ITV projects present special problems since ITV installed in a court facility, by a county,
must be compatible with the judiciary's general technology system. Additionally, she said, there is
a $1,000/month line charge for ITV systems, which, if the system is approved as part of the
judiciary's technology plan, would be paid by the judiciary. She said if the ITV system is requested
outside the general technology plan, then the judiciary will not pay the line charge, resulting in a
substantial ongoing commitment for a county.
After further discussion, it was moved by Commissioner Erickson, seconded by Jim Hill,
and carried unanimously that grant applications for security-related projects and technology-related projects will be evaluated by the governing criteria, without regard to the availability
of other funding, with the exception that technology-related projects that are inconsistent with
the judiciary's technology plan and may incur ongoing line charges will not be considered.
With respect to funds available to the Committee for grant awards, staff noted that the
December 2008 Grant Status Report was recently reviewed, which resulted in the addition of
$53,021 in available funds. Consequently, he said, there is a total of $1,524,647.58 available for
grant awards, with $1,143,485.69 available for counties with a population of 7,500 or more and a
minimum of $381,161.90 available for counties with a population of less than 7,500 ( 25% of the
total grant funds, as directed by statute.
Grant Applications - Population 7,500 and Over Counties
As a preliminary matter, staff distributed additional information concerning the large
Williams County project, which was submitted by the project architect. He explained the information
reflects the project divided into Phase I and Phase II, with architect's rendering showing the phase
designs and related phase costs. A copy of the information is on file with staff. Staff noted also that
Williams County had submitted two applications - one for a juvenile court project and one for the
substantial district court remodel and reconstruction project.
Committee members then turned to consideration of grant applications submitted by counties
with populations of 7,500 or more (projects briefly described).
Barnes County
Project: Ductless air conditioning units (judge's, recorder's, and clerk's offices), window
blinds (judge's and recorder's offices), carpet, paint, shelving (clerk's office). Grant request:
$23,712.
It was moved by Jim Hill, seconded by Commissioner Erickson, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $23,712.
Burleigh County
Project: Remodel judge's chambers, table and chairs for jury room, courtroom bench seating.
Grant request: 9,920.84
Jim Hill noted that an earlier effort to divide library space in the courthouse and provide a
small judge chambers and space for a court reporter was unsatisfactory. Sally Holewa said the table
and jury chairs in the jury room are in very unsatisfactory condition.
It was moved by Jim Hill, seconded by Commissioner Gruenberg, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $9,920.84. <
Richland County
Project: Restore courtroom mural; air conditioning unit for room that stores servers for
clerk's office, and juvenile court; light fixtures (sconces); sink for jury room. It was noted that
vendor estimates were not provided. Grant request: $12,356.25
Jim Hill recalled that the Committee has considered grant requests involving restoration
projects but those requests have generally been accompanied by detailed vendor estimates.
It was moved by Jim Hill, seconded by Commissioner Gruenberg, and carried
unanimously that the project, with the exception of restoring the courtroom mural, is
dedicated to facilities improvement/maintenance; the affected facilities are used for chambers,
courts, or court-related services; the project is a necessary improvement to the facility; and the
amount of the award is $8,606.25.
Walsh County
Project: Valves and controls for courthouse boiler; repair dri-steam humidification system;
ground receptacle in "penthouse". Grant request: $6,085.37.
It was moved by Commissioner Erickson, seconded by Jim Hill, and carried
unanimously that an award not be granted because the degree to which the project is
specifically related to a court, court chambers, or court-related services cannot be adequately
determined.
Ward County
Project: Ceiling fans (clerk's office). Grant request: $2,708.25.
It was moved by Jim Hill, seconded by Commissioner Erickson, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $2,708.25.
Williams County (Application 1)
Project: Relocation and remodel of juvenile court offices; addition of urinalysis collection
restroom. Grant request: $12,681.
Louie Hentzen explained that the juvenile court is currently located in the old law
enforcement center. He said the juvenile court offices would be relocated to the main courthouse and
would occupy second-floor space currently used by child support enforcement. He said the
remodeling is necessary to accommodate the relocation. He said the urinalysis collection restroom
is necessary for urinalysis requirements for drug court participants and probationers.
Jim Hill said the urinalysis collection restroom is directly linked to a drug court function and
as such is an acceptable project component. He noted that, with the increasing use of drug courts,
the Committee will likely see future requests for projects related to drug court operations.
It was moved by Jim Hill, seconded by Commissioner Erickson, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $12,681.
Williams County (Application 2)
Project: Substantial remodel and reconstruction of third floor of courthouse; new courtroom.
Grant request: $1,917,478. Staff drew attention to the detail previously distributed concerning
Phase I and Phase II of the project. He noted that the project cost for Phase I is $$1,473,938, which,
after the county's 25% contribution, would represent a grant request of $1,105,453.50 for Phase I.
Sally Holewa observed that the project, although substantial, is not necessarily disallowed
under the broad criteria established by statute and reflected in the Committee's operational
procedures. > Commissioner Gruenberg said he is concerned with the scope of the project, which
essentially amounts to building an addition to the courthouse.
Jim Hill wondered how the Committee could analyze the architect's plan to accurately
determine what may grant worthy and tied to actual project pieces. He agreed the project is
essentially rebuilding the third floor of the courthouse. He noted that the Committee's previous
experience has been with relatively modest projects, with the earlier grant to Burleigh County for
$165,000 being the largest to date. He asked how the Committee could determine, for example,
whether fire suppression systems, emergency egress stairwells, work related to building code
compliance, or replacing archaic heating and electrical systems should be included or not included
as acceptable parts of the project.
Sally Holewa said the question becomes whether there is any other source of funds for
improvements to court facilities. She said if the court facilities improvement fund has as its principle
objective helping counties meet the expense of improving court facilities, then the issue is whether
that objective is well-served by disallowing projects associated with new construction as opposed
to remodeling.
Commissioner Gruenberg said his understanding is that state law requires counties to provide
a court building and facilities and a substantial project for a new portion of a building should likely
require a bond issue.
Jim Hill said there are certainly parts of the project that satisfy the governing criteria, but the
difficulty is in separating out those parts that are not directly related to the criteria. Committee
members agreed the difficulty is in identifying those parts of the project that are related specifically
to courts, chambers, or court-related services as opposed to parts of the project that would be part
of a county building without regard to the presence of a court.
Louie Hentzen explained that what constitutes Phase I of the project was previously the jail,
which was damaged by flooding. He noted that the proposed new courtroom will be shared by the
district court and municipal court. Additionally, he said, the new courtroom will provide a new jury-capable courtroom as the courthouse currently has only one six-person jury courtroom. Phase II, he
said, is existing court space for which is proposed new attorney/client meeting rooms and other
facility enhancements.
After further discussion, it was moved by Commissioner Erickson and seconded by
Commissioner Gruenberg that approve an award for a portion of the project which is
dedicated to interior construction of court facilities and which does not include parts of the
project related to roof construction, asbestos abatement, or any demolition related to the third
floor remodel.
Jim Hill asked whether the Committee was in a position to approve a specific grant amount
without specific information about project details.
Staff noted that the Committee's operational rules and procedures provide for meeting with
representatives of the county to further discuss the project and also provide for requiring the county
to contribute more than 25% of the project cost.
Following discussion, the motion was withdrawn, with the consent of the second.
It was then moved by Commissioner Erickson, seconded by Jim Hill, and carried
unanimously that 1) the county be requested to submit a revised cost estimate for Phase 1 that
focuses only on interior finishings, furniture, and related improvements relate to the third
floor courtroom and that does not include any costs related to general demolition, construction
of the roof, abatement of asbestos or other hazardous materials, and any modifications related
to building code or ADA compliance, and 2) that representatives of the county be invited to
meet with the Committee to review the current Phase I project components and cost estimate
and the requested revised cost estimate.
Grant Applications - Population Under 7,500 Counties
Committee members next considered grant applications submitted by counties with
populations of less than 7,500.
Committee members first reviewed the application submitted by Dunn County, which is a
grant request for $436,534.46 to build an addition to the courthouse to provide court and clerk of
court facilities.
It was moved by Jim Hill, seconded by Rep. Kretschmar, and carried unanimously, that
a grant award not be approved because the affected building is not an existing court facility
that is being improved or remodeled and therefore the project does not satisfy the governing
grant criteria.
Adams County
Project: Air conditioning (clerk's office, jury room, attorney conference room), metal detector
and Kevlar (courtroom desks), office suite and desk (clerk's office), window coverings (clerk's
office and jury room), coat rack, table and shelving (jury room). Grant request: 19,237.
It was moved by Commissioner Erickson, seconded by Commissioner Gruenberg, and
carried unanimously that the project is dedicated to facilities improvement/maintenance; the
affected facilities are used for chambers, courts, or court-related services; the project is a
necessary improvement to the facility; and the amount of the award is $19,237.
Benson County
Project: Courtroom chairs, reupholster judge's chair, repair and paint courtroom ceiling,
shelving unit. Grant request: $3,924.
It was moved by Jim Hill, seconded by Rep. Kretschmar, and carried unanimously that
the project is dedicated to facilities improvement/maintenance; the affected facilities are used
for chambers, courts, or court-related services; the project is a necessary improvement to the
facility; and the amount of the award is $ 3,924.<
Dickey County
Project: ArmorCore for bench, court reporter's desk, and clerk's desk. Grant request:
$3,528.71.
It was moved by Jim Hill, seconded by Rep. Kretschmar, and carried unanimously that
the project is dedicated to facilities improvement/maintenance; the affected facilities are used
for chambers, courts, or court-related services; the project is a necessary improvement to the
facility; and the amount of the award is $ 3,528.71.
It was moved by Commissioner Erickson, seconded by Rep. Kretschmar, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $10,467.44.
Foster County
Project: Refurbish juror chairs, additional chairs, 2 security cameras (courtroom), 1 security
camera (judge's entrance). Grant request: $4,135.74.
It was moved by Jim Hill, seconded by Commissioner Gruenberg, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $4,135.74.
Golden Valley County
Project: Counsel tables, bench seating in courtroom gallery. Grant request: $3,031.50. It was moved by Jim Hill, seconded by Commissioner Erickson, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $3,031.50.
Grant County
Project: New jury chairs (12). Grant request: $5,979.
It was moved by Rep. Kretschmar, seconded by Jim Hill, and carried unanimously that
the project is dedicated to facilities improvement/maintenance; the affected facilities are used
for chambers, courts, or court-related services; the project is a necessary improvement to the
facility; and the amount of the award is $5,979.
Griggs County
Project: Air conditioning (clerk's office, juror room), counter and gate (clerk's office), update
electrical outlets and computer access points. Grant request: $8,718.68.
It was moved by Commissioner Erickson, seconded by Jim Hill, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $8,718.68.
It was moved by Commissioner Erickson, seconded by Jim Hill, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $12,635.32.
LaMoure County
Project: Workplace lighting (clerk's office); computer access outlet; remodel witness box;
repair and refinish hardwood floors (clerk's office area); replace carpeting (courtroom and judge's
chambers); replace windows (clerk's office, vault, law library, judge's chambers, courtroom). Grant
request: $ 98,871.
Sally Holewa noted the part of the project related to a computer access outlet and said that
would typically be an expense borne by the judicial system. Committee members agreed, however,
that the expense is likely minimal and there would be difficulty in identifying and excluding the cost
related to the outlet.
In response to a question from Commissioner Gruenberg, Commissioner Erickson said all
the windows are in court areas, which are on separate floors of the courthouse.
It was moved by Jim Hill, seconded by Commissioner Erickson, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $ 98,871.
McHenry County
Project: FAX line and machine for clerk's office. Grant request: $1,050.37
Sally Holewa said the judicial system would pay for the FAX machine and installation. She
said the judicial system would not, however, pay the monthly line charge.
It was moved by Jim Hill, seconded by Commissioner Gruenberg, and carried
unanimously that an award not be granted and that the County be notified that the judicial
system will pay for the FAX machine and installation, but not for a monthly line charge.
McIntosh County BR> Project: Bulletproof paneling (judge's bench, court reporter's desk, clerk's desk); air
conditioners for courtroom; window blinds for courtroom. Grant request: $8,007.26
It was moved by Commissioner Erickson, seconded by Jim Hill, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $ 8,007.26.
Mercer County<
Project: Bench cushions. Grant request: $910.51
It was moved by Commissioner Gruenberg, seconded by Jim Hill, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $910.51.
Mountrail County
Project: Replace glass block windows and replace wood trim; new heat register; wiring for
heat registers and microphone jacks; paint courtroom. Grant request: $24,014.25
It was moved by Commissioner Erickson, seconded by Rep. Kretschmar, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $24,014.25.
Nelson County
Project: Adjustable monitor arms for computer monitors in courtroom and clerk's office.
Grant request: $600.
Sally Holewa said the judicial system would purchase the monitor arms but the county would
have to be responsible for installation.
It was moved by Jim Hill, seconded by Commissioner Gruenberg, and carried
unanimously that an award not be granted and that the County be notified that the judicial
system will purchase the monitor arms, but the county would be responsible for installation.
Ransom County
Project: Replace windows (courtroom, chambers, clerk's office, jury room, counsel room);
air conditioner for chambers. Grant request: $45,997.50.
Jim Hill noted there is no specific detail about the project and there are only general, rather
than detailed, vendor estimates for the windows, which are a significant purchase. He observed as
well that there is no explanation for the labor costs, which are exactly the same as the cost of the
windows.
It was moved by Commissioner Erickson, seconded by Jim Hill, and carried
unanimously that 1) Committee not approve grant funding because of insufficient information,
2) that the County be notified that the application has retained for further consideration, and
3) that the Committee requests that the County provide detailed vendor estimates for material
and labor with respect to replacement of the windows and pictures of the current windows and
affected facility areas.
Sargent County
Project: Replace (9) window mount air conditions with mini-split air conditioner/heat pumps.
Grant request: $20,673.13.
Staff noted that the project description suggests part of the area to be improved includes the
sheriff's office.
It was moved by Jim Hill, seconded by Commissioner Erickson, and carried
unanimously that 1) the Committee not award grant funds for the project due to uncertainty
about which parts of the project are related to the courts, court chambers, or court-related
services and which parts related to the sheriff's office, 2) the County be notified the Committee
has retained the application for further consideration, and 3) the Committee requests that the
County submit a revised project description and cost estimate that does not include any costs
related to improvements in the sheriff's office.
Sheridan County
Project: Repair jury restrooms (new toilets, sink, faucets); repaint jury room and restroom;
jury table; jury chairs(14). Grant request: $4,927.34.
It was moved by Rep. Kretschmar, seconded by Commissioner Erickson, and carriedunanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $4,927.34.
Steele County
Project: Air conditioner (clerk's office); replace lighting (jury deliberation and conference
rooms); electrical outlets (courtroom); heating unit (courtroom). Grant request: $11,033.
It was moved by Commissioner Gruenberg, seconded by Jim Hill, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $11,033.
Wells County
Project: Replace carpet with laminate flooring (courtroom rear entry and jury rooms); open
file cabinet (clerk's office). Grant request: $2,929.61.
It was moved by Jim Hill , seconded by Commissioner Gruenberg, and carried
unanimously that the project is dedicated to facilities improvement/maintenance; the affected
facilities are used for chambers, courts, or court-related services; the project is a necessary
improvement to the facility; and the amount of the award is $ 2,929.61.
Timingof Next Grant Round
Staff distributed a memorandum summarizing the manner in which the court facilities
improvement fund would acquire funds over the next 18 months (a copy is on file with staff). He
said if the Committee were to award all the funds available for this grant round, general estimates
of future fund balances would be: approximately $300,000 by July 2009; approximately $760,000
by June 2010; and approximately $1,060,00 by December 2010. The estimates, he said, are based
on historical averages for fee amounts deposited in the fund as directed by the governing statute.
The question, he said, is how soon the Committee should consider scheduling the next round of grant
applications.
Commissioner Erickson observed that if the Committee does not award all the funds
available for this round, there would be additional funds available later in the year.
It was moved by Commissioner Erickson, seconded by Commissioner Gruenberg, and
carried unanimously that the next round of grant applications should be held no earlier than
December 2009.
Committee members agreed the applications for which additional information was requested
would be considered at the meeting scheduled for further review of the Williams County application.
Staff will contact Committee members about a possible meeting date.
There being no further business, the meeting was adjourned at 1:05 p.m. ________________________ Jim Ganje, Staff