Supreme Court Front Conference Room, Bismarck January 29, 2010
Members Present: Sally Holewa, State Court Administrator and Committee Chair; Jerome
Gruenberg, Ward County Commissioner, representing counties with populations of 7,500 or more;
Randi Suckut, Wells 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 10:30 a.m. for purposes of reviewing the 6th round of requests for court facilities improvement and maintenance grants. She welcomed Wells
County Commissioner Randi Suckut, a new member of the Committee appointed by the Association
of Counties as the representative of counties with populations less than 7,500. She briefly reviewed
the source of funding for the grants and criteria applied by the Committee in assessing grant
applications, and discussed the Committee's earlier conclusion to, as a general practice, follow yearly
grant rounds. She then drew attention to the minutes of the 5th Round meetings (January 29, 2009,
and February 19, 2009).
It was moved by Commissioner Gruenberg, seconded by Jim Hill, and carried
unanimously that the minutes of the 5th Round be approved.
With respect to the summaries of grant awards included in the meeting material, Rep.
Kretschmar suggested it would be useful if there was a listing of all grants awarded by county. Sally
Holewa said a summary of the categories of items and projects for which awards have been granted
would also be helpful. Committee members agreed information should be assembled as described
for future grant rounds.
Commissioner Gruenberg drew attention to requests in several applications for grant funds
to purchase computers, monitors, and scanners. He asked for a review of the kinds of technology
equipment that the judicial system will purchase for use in the counties. Sally Holewa explained that
with respect to interactive video equipment the judicial system will provide certain equipment in
designated counties through the system's court technology fund. She said equipment was purchased
initially for counties in which judges are chambered and other counties with identified levels of court
activity are now being considered. With respect to the latter situations, she said funding for the
equipment has generally not been approved unless the Court Technology Committee has agreed to
pay the on-going costs, typically about $1,000/month for line charges. For other kinds of
technology-related equipment such as computers and printers, she said the judicial system will pay
for equipment based on the number of county clerk FTEs funded by the system through agreements
for clerk services. For example, she said if a county is funded at 1 FTE the judicial system will
provide a computer, printer, and scanner if needed. But, she said, if there is a part-time deputy in
the office who also needs access to equipment then the county would be responsible for purchasing
the extra equipment. The result, she said, is a number of applications by counties seeking funding
for computers, printers, and scanners for use by non-state-funded clerk employees in implementing
the new Odyssey information management system.
Committee members then considered grant applications submitted by counties with
populations of less than 7,500 (projects briefly described).
Grant Applications - Population Under 7,500 Counties
Adams County
Project: Electrical outlets for metal detector, court reporter and clerk desks; plaster repair
(jury room); paint clerk's office and jury room; counsel tables; conference table and chairs (jury
room); replace glass inserts (door leading to chambers) and add peepholes; replace window
coverings (judge's chambers).. Grant request: $8,550.
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 $8,550.
It was moved by Commissioner Gruenberg, seconded by Commissioner Suckut, 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 $16,619.93.
Dickey County
Project: Wireless panic buttons (clerk's office, judge's chambers, courtroom); scanner (to
accommodate Odyssey information system). Grant request: $2,568.56.
Sally Holewa noted that Dickey County is the first application seeking grant funds for
technology equipment related to implementation of the Odyssey system. She said she would draw
attention to those applications, if any, where such a grant request appears unjustified.
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 $2,568.56.
Eddy County
Project: Remodel meeting room for attorneys and clients; computer, monitor, and software
to accommodate Odyssey System. Grant request: $10,461.28.
It was moved by Commissioner Suckut, 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 $10,461.28.
Emmons County
Project:. New customer counters (clerk's office). Grant request: $2,436.
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 $2,436.
Foster County
Project: Lectern, TV, DVD/VCR player, and TV cart for courtroom; computer, monitor,
printer, software to accommodate Odyssey System. Grant request: $3,067.74.
It was moved by Jim Hill, seconded by Commissioner Suckut, 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 $3,067.74.
Grant County
Project: Sound system for courtroom; chairs (5) for attorney tables; witness stand. Grant
request: $11,216.25.
Sally Holewa noted that the equipment is needed as digital audio is being implemented in
the courtroom.
It was moved by Commissioner Suckut, 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 $11,216.25.
Hettinger County
Project: New judge's bench with bookcase; witness area; carpet (judge's bench area);
workstation beside bench; additional electrical outlets in courtroom. Funds were not awarded for
refurbishing the courtroom mural. Grant request: $12,001.57.
Commissioner Gruenberg questioned whether grant funds should be awarded for the
purchase of a new mural for the courtroom. He noted that grant funds have been awarded in the past
for refurbishing existing murals in the courtroom, but the two situations should be assessed
differently for grant award purposes.
It was moved by Commissioner Gruenberg, seconded by Jim Hill, and carried
unanimously that funds not be awarded for a new mural, and that the project, as modified,
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 $11,439.08.
In response to a question from Chair Holewa, Committee members agreed that, as a future
practice, funds would not be awarded for purchase of new murals in courtrooms, but would be
considered for the renovation of existing murals.
LaMoure County
Project: Window blinds (courtroom, judge's chambers, law library); restoration of stenciling
(clerk's office). Grant request: $ 3,112.50.
Staff noted that the grant request amount on the assessment sheet reflects a corrected amount
as there appears to have been a $1,000 error in the application computations.
It was moved by Commissioner Gruenberg, seconded by Representative 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 $3,112.50.
McIntosh County
Project: Chairs (6 - for attorneys, parties, witnesses, and clerk); desk (clerk's office); video
system (50" plasma monitor, cart with rack, cables). Grant request: $18,380.92.
It was moved by Jim Hill, seconded by Commissioner Suckut, 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 $18,380.92.
Mountrail County
Project: Replace windows (17) located in judge's chambers, court reporter/recorder office,
attorney conference/juvenile supervisor office, areas behind courtroom, victim-witness/domestic
violence coordinator's office. Grant request: $44,925.
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 $44,925.
Nelson County
Project: Jury room improvements (carpet, table, storage cabinet, chairs, clock); TV and DVD
player; clock for courtroom. Grant request: $4,095.
Jim Hill noted that the application consists only of estimated costs without any detailed
vendor estimates or other sources of the cost figures. He said the nature of the cost figures suggests
the county has the paper estimates but, perhaps, failed to submit them. Committee members agreed
the county should be requested to provide vendor estimates and other cost sources.
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, contingent on submission by the
county of vendor estimates and cost sources, is $4,095.
In response to a question from Chair Holewa, Committee members agreed that as future
applications are reviewed upon submission staff is authorized to contact counties for vendor
estimates or other project cost sources if they are not included with the application.
Oliver County
Project: TV, DVD-VCR player, cart. Grant request: $3,168.75.
It was moved by Jim Hill, seconded by Commissioner Suckut, 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 $3,168.75.
Pierce County
Project: ITV system for video conferencing in the courtroom. Grant request: $23,325.75.
Sally Holewa noted that some smaller counties had been approved for ITV systems as part
of the judicial system's technology plan. She said she had contacted Dennis Herbeck, Court
Administrator for Unit 1, for information on the status of Pierce County and was informed that the
county had been approved by the Court Technology Committee for installation of an ITV system.
Consequently, she said, awarding funds for the project would be appropriate.
In response to a question from Jim Hill, Sally Holewa said the ITV system would be installed
in the courtroom but the sheriff's office may also use the system. She said one reason ITV systems
may be important for smaller counties is that it enables initial appearances, for example, by ITV
rather than requiring the sheriff to transport one or two prisoners to a judge's location.
Following further discussion, 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 $23,325.75.
Ransom County
Project: Replace tile floor in courtroom with cork flooring; repair table tops in courtroom;
replace window blinds in court personnel areas; 2 computers; scanner. Grant request: $13,913.26.
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 $13,913.26.
Sargent County
Project: Alarm/security system for courthouse main floor (security doors with ID key cards
and software; security/camera system for courthouse (including parking area, entrances, hallways,
sheriff's office and storage; remodel and expand sheriff's office; 2 defibrillators. Grant request:
$54,970.89.
Jim Hill noted that a significant portion of the project is related to remodeling the sheriff's
office and related areas and, as such, is inconsistent with the grant award criteria. Commissioner
Gruenberg said it may be possible to separate a portion of the project, such as the security measures
for the main floor of the courthouse, but he agreed the portions related to the sheriff's office, exterior
security measures, and defibrillators are outside the grant criteria. It was also noted that the security
measures for the main floor of the courthouse appear to apply to the courthouse generally rather than
having a direct relationship with a court, court chambers, or court-related services.
It was moved by Jim Hill, seconded by Commissioner Gruenberg, and carried
unanimously that grant funds not be awarded for the project as it is beyond a direct relation
to the courts, court chambers, and court-related services and, therefore, is inconsistent with
the criteria set out in the Committee's rules of operation and procedure, which are provided
to counties when each grant process is initiated.
Slope County
Project: Replace counter top in clerk's office; built-in cabinets and shelves for clerk's office.
Grant request: $5,566.40.
It was moved by Jim Hill, seconded by Rep. Kretschmar, 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 $5,566.40.
Steele County
Project: Light fixtures for courthouse corridors; computer, scanner, and software to
accommodate Odyssey System. Grant request: $10,725.
Sally Holewa said it is uncertain from the application where, exactly, the courthouse corridors
for which light fixtures are sought are located. She said without information indicating the corridors
are clearly related to courtroom or chambers space the application would appear inconsistent with
grant criteria.
Staff noted that if the cost associated with the light fixtures is deducted from the project cost,
the resulting grant request would be $2,437.50
It was moved by Commissioner Suckut, seconded by Jim Hill, and carried unanimously
that funds not be awarded for light fixtures and that the project, as modified, 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 $2,437.50.
Towner County
Project: Replace heating/air conditioning system for courtroom, jury room, judge's chambers,
conference room; remodel court and jury bathrooms; new window blinds (bathrooms, courtroom
hallway, law library, conference room; painting (bathrooms, law library, conference rooms); refinish
hardwood floors (jury room/conference room and courtroom hallway. Grant request: $31,236.42.
It was moved by Jim Hill, seconded by Rep. Kretschmar, 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 $31,236.42.
Traill County
Project: Printer and scanner for clerk's office to accommodate Odyssey System; printer for
courtroom. Grant request: $1,810.50.
It was moved by Commissioner Gruenberg, seconded by Commissioner Suckut, 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 $1,810.50.
Wells County
Project: Computer and software for clerk; scanner and software for deputy clerk to
accommodate Odyssey System. Grant request: $1,837.55.
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 $ 1,837.55.
Committee members then turned to consideration of grant applications submitted by counties
with populations of 7,500 or more (projects briefly described).
Grant Applications - Population 7,500 and Over Counties
Barnes County
Project: Replace windows (34) for judge's offices, juvenile offices, clerk's office, large and
small courtroom; large courtroom furniture (2 desks [clerk and reporter], 2 attorney tables); small
courtroom furniture (judge's and recorder's desks, 2 attorney tables, clerk's desk; computers and
scanner. Grant request: $149,457.75.
Commissioner Suckut observed that the cost estimate for the windows seems high compared
to window estimates included in other applications. Sally Holewa noted that window estimates vary
considerably depending on the kinds of windows being installed. She said that since the county must
assume 25% of the project cost it is likely that the county has done due diligence in obtaining cost
estimates.
It was moved by Commissioner Gruenberg, seconded by Commissioner Suckut, 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 $149,457.75.
Burleigh County
Project: Install window between judge's office and court reporter's office; barrier between
prisoner's bench and counsel table; code locks for 4 courtrooms, court administration side-door, and
juvenile court entry door; electricity for counsel tables in 2 courtrooms; electronic release for
juvenile code lock. Grant request: $8,304.
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 $8,304.
Grand Forks County
Project: Repair granite entry-way steps to courthouse. Grant request: $20,613.75.
Jim Hill observed that the entry-way steps are part of the actual courthouse structure, for
which the county arguably responsible. Sally Holewa noted that Grand Forks County is the one
county in which almost the entire building is occupied by the courts and court staff. She said a small
amount of building space is used by the state's attorney.
Commissioner Gruenberg said the pictures accompanying the grant application seem to show
that the steps are basically sound.
Jim Hill said he is hesitant to approve funds for projects that seem closely associated with
actual structural enhancements. Sally Holewa observed that the purpose of the improvement fund
is to assist counties in maintaining facilities used by the courts.
Commissioner Suckut said the project does not contemplate replacement of all the entry-way
steps, but rather is mainly directed at structural support and cleaning. That, he said, seems related
to maintaining the facility. In addition, he said the fact that the courthouse is nearly exclusively used
by the courts supports awarding funds for the project.
Rep. Kretschmar said the Committee likely should not award funds for the project as it
appears too closely related to actual building construction.
It was moved by Commissioner Suckut and seconded by Jim Hill for purposes of
discussion 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 $20,613.75.
Sally Holewa noted that the Committee had awarded 5th Round grant funds to the county for
the replacement of boilers in the courthouse, which benefitted the entire building.
After discussion, the motion failed (Jim Hill, Commissioner Gruenberg, Rep. Kretschmar -
no; Commissioner Suckut, Sally Holewa - yes).
Commissioner Gruenberg asked whether a portion of the funds requested could be approved
to reflect partial use of the building by the state's attorney. Louie Hentzen estimated that the state's
attorney used about 15% at most of the building space.
It was moved by Commissioner Gruenberg that an award consisting of 85% of the
grant request ($17,521.69) be approved.
Following discussion, the motion died for lack of a second.
It was moved by Commissioner Gruenberg, seconded by Jim Hill, and carried that
funds not be awarded for the projectas it appears to be a general courthouse project and
extends beyond a direct relationship to the courts, court chambers, and court-related services. (Commissioner Gruenberg, Jim Hill, Commissioner Suckut, Rep. Kretschmar - yes; Sally Holewa -
no).
Pembina County
Project: Replace 25 courthouse windows related to courtroom, judge's chambers, and jury
room. Grant request: $63,750.
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 $63,750.
Rolette County
Project: Replace courthouse entry doors. Grant request: $19,219.50.
Sally Holewa said the courthouse, much like most courthouses, houses several county offices
and is used for the most part for county business.
It was moved by Jim Hill, seconded by Rep. Kretschmar, and carried unanimously that
funds not be awarded for the projectas it is a general courthouse project and extends beyond
a direct relationship to the courts, court chambers, and court-related services.
Stark County
Project: Update judges' offices (window blinds, strip wallpaper and paint, new chairs (5),
combination locks for doors, ceiling repair, replace metal panels with glass units). Grant request:
$12,093. 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 $12,093.
Stutsman County (Application #1)<
Project: Elevator repair (already completed). Grant request: $13,838.25 (represents 50% cost
share by the county).
Sally Holewa observed that the Committee has consistently declined to award grant funds
for projects that have already been completed by a county. Staff noted that elevator repair and
installation is typically associated with compliance with the Americans with Disabilities Act and the
grant application underscores that funds will not be awarded for ADA-related projects.
It was moved by Jim Hill, seconded by Rep. Kretschmar, and carried unanimously that
funds not be awarded as the project has already been completed and the project appears to
be an ADA-related expense.
Stutsman County (Application #2)
Project: Cabinets for jury supplies, refrigerator for jury refreshments; install sound barriers
on common wall between judges' offices. Grant request: $13,950.
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 $13,950.
Walsh County
Project: Repair and paint courtroom ceiling; replace juror and witness chairs; install
courtroom security camera; purchase suspect security belt. Grant request: $17,290.77.
Sally Holewa said all the project components are clearly court-related except for the purchase
of the suspect security belt.
It was moved by Commissioner Gruenberg, seconded by Rep. Kretschmar, and carried
unanimously that funds not be awarded for the purchase of a suspect security belt, and that
the project, as modified, 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 $16,597.02.
Ward County
Project: Renovate jury room and law library to provide one larger courtroom; new judge's
bench area; new pews for public; platform for clerk's desk in master calender courtroom; installation
of wireless Internet. Grant request: $54,226.50.
It was moved by Jim Hill, seconded by Commissioner Suckut, 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 $54,226.50.
Williams County
Project: Phase 1 remodel and reconstruction project for third floor of courthouse; new
courtroom (see 5th Round grant). Grant request: $188,945.30 (This represents the remaining balance
of the 5th Round grant request ($509,841) for which the County was awarded $320,859.70).
Jim Hill said he is concerned that the county has not used the funds previously awarded ans
is now requesting the remainder of the grant request from the last round. He said he would regard
the substance of this request as having been discussed and decided during the 5th Round.
Sally Holewa said she had voted against the 5th Round grant award because she supported
awarding the entire amount requested. However, she said, the Committee should not establish a
precedent of allowing a county to essentially sit on a grant award and then seek additional funds.
Rep. Kretschmar said that if the Committee had previously declined to award funds in the
amount requested, the Committee should not now approve a similar request.
Commissioner Suckut said that, absent serious extenuating circumstances that might justify
an award, he would not support changing the Committee's earlier decision.
It was moved by Commissioner Gruenberg, seconded by Jim Hill, and carried
unanimously that funds not be awarded for the reasons discussed.
In response to a question from Chair Holewa, Committee members agreed the Chair should
monitor whether progress is made during the year with respect to the project for which 5th Round
funds were awarded.
Other Matters
Committee members agreed the 7th Round should be held in the fall of 2010.
Jim Hill observed that his last term on the Committee will end this year. He said he will
contact the State Bar Association Board of Governors so that a suitable successor can be appointed
in a timely manner.
There being no further business, the meeting was adjourned at 1:20 p.m. ________________________ Jim Ganje, Staff