Texas State Library and Archives Commission
April 14, 2015

Minutes

The Texas State Library and Archives Commission met on Tuesday, April 14, 2015, at the Lorenzo de Zavala State Archives and Library Building, 1201 Brazos Street, Austin, Texas.

1. Welcome, introductions and general announcements.

   Chairman Waters welcomed everyone to the meeting and called upon Mark Smith who introduced Vanessa Siordia, Ashley Stevens and Beverley Shirley.

2. Consideration of commemorative resolutions.
   
   Ava Smith requested adoption of a commemorative resolution for Edward Earle, who retired after 15 years as the Manager of the Circulation and Machine Services in the Talking Book Program. Commissioner Carr moved to adopt the resolution. Commissioner Pickett seconded. Motion passed. Commissioner Carr moved to adopt a commemorative resolution honoring John L. Nau, III, for his gift to the agency for historic preservation. Commissioner McAfee seconded. Motion passed.

3. Approve minutes of February 6, 2015 Audit Committee and Commission meetings.
   
   Commissioner Carr moved to approve minutes of the February 6, 2015 Audit Committee meeting. Commissioner Freeman seconded. Motion passed. Commissioner Carr moved to approve the minutes of the February 6, 2015 commission meeting. Commissioner Freeman seconded. Motion passed.

4. Public Comment. There was no public comment at this time.

5. Conflict of interest disclosures. Commissioner McAfee advised the commission that he would excuse himself from discussions and votes on the Talking Book Program’s automation system if it appeared that his employer Microsoft would benefit in any way from the commission’s decision.

6. Review of consent agenda: non-substantive corrections in other agenda items such as spelling, numbering, punctuation, grammar, or other revisions. Non-substantive items were noted.

7. Review and approve contracts greater than $ 100,000, and contract renewals.
   
   Mark Smith requested approval of a contract with Ambonare, Inc. to develop a new Talking Book Program integrated library system for the period April 15, 2015 to August 31, 2016, not to exceed $1,029,580. He noted that the project began with commission approval in 2014 to create a new system, went through a rigorous process of planning and development leading to the submission of an RFI to DIR-approved vendors. Four vendors responded, one was eliminated, and after evaluation, scoring and vendor presentations, the project team unanimously selected Ambonare, Inc of Austin.
   
   Samuel Chen responded to questions from commissioners regarding the contract. Commissioner McAfee asked that certain features be included in the contract including a traceability matrix, a bankruptcy clause, access to source code and a 30-day written notice before key personnel are moved off the project. Chairman Waters asked if the project is on target to complete in September 2016. Commissioner Pickett asked if the agency could recover its cost by licensing the product to other states’ Talking Book Programs. Mark Smith said sale to another National Library Service library is not allowed but TSLAC could seek cost sharing for maintenance and other ongoing costs. Regarding conflict of interest with Microsoft, Commissioner Givens and Joe Thrash said they did not see any conflicts of interest with Commissioner McAfee’s involvement. Mr. Chen noted that he had not met Commissioner McAfee before this meeting. Donna Osborne said the RFI did not include any language specifying Microsoft but that all vendor proposals indicated Microsoft products would be used in some way.
   
   Chairman Waters directed Ambonare, Inc. and agency staff to include Commissioners McAfee and Givens in monthly progress reports. Commissioner Carr moved to approve the contract. Commissioner Givens seconded. Chairman Waters asked for a roll call vote with the result being 7 ayes and zero nays. Motion passed unanimously.
   
   Jelain Chubb requested authorization to contract with the Texas Facilities Commission for site work at the Sam Houston Regional Library and Research Center in Liberty noting that previous efforts to contract with local vendors have been unsuccessful: a pre-bid meeting held in December 2014 yielded only one vendor response and no responses to the agency’s subsequent Request for Proposal. She said it is hoped that contracting with TFC will move the project along. TFC’s project estimate is $675,536. John Raff said he is optimistic that with TFC’s contacts in construction in the area, a suitable contractor will be found to do the project. Commissioner McAfee moved to approve the contract. Commissioner Carr seconded. Motion passed.
   
   Deborah Littrell requested approval to renew online database contracts with EBSCO, Cengage Learning, and Learning Express, core TexShare databases totaling $6,014,712. The subscription duration is July 1, 2015 to June 30, 2016. Contracts are negotiated on a statewide level and reviewed and recommended by TexShare’s Electronic Information Working Group. Responding to questions, Ms. Littrell said that the contracts are the result of competitive bids, explained which libraries use the TexShare databases and that training to use the databases is ongoing through a variety of venues. Commissioner Carr moved to approve the contract. Commissioner Pickett seconded. Motion passed.
   
   Deborah Littrell requested approval to renew TexSelect online database contract renewals with EBSCO, Encyclopaedia Britannica, Gale Cengage, RAND, and R.R. Bowker. All contract periods are July 1, 2015 to June 30, 2016. No TSLAC funds are expended for Tex Select resources as TexShare member libraries use their own funds to subscribe to TexSelect resources. The agency negotiates the contract on a statewide level and can thereby provide the databases at a larger discount than would be available individually. Commissioner McAfee requested usability statistics for the databases even if the agency portion is zero. Commissioner Carr moved to approve the contract. Commissioner Givens seconded. Motion passed.
   
   Deborah Littrell requested approval to renew online database contract with Gale Cengage for the K-12 TexQuest program. The contract period is June 15, 2015 to June 14, 2016 in the amount of $1,500,000. After discussion, Commissioner McAfee moved to approve. Commissioner Carr seconded. Motion passed.
   
   Deborah Littrell requested approval to contract with Middle Country Public Library for Family Place Libraries program which provides training to library staff in expanding the role of public libraries of promoting early childhood literacy. The contract would extend from April 15, 2015 to September 30, 2016 and would not exceed $432,000. After discussion, Commissioner Carr moved to approve. Commissioner Holt seconded. Motion passed.

8. Review and approve acceptance of grants, and gifts greater than $500.
   
   Mark Smith asked the commission to accept a gift of $2,000 from the Liberty County Historical Commission to remove tree and overgrown brush around the Mary Conley steamship boiler located on the grounds of the Sam Houston Regional Library and Research Center in Liberty. Commissioner Carr moved to approve the gift. Commissioner Holt seconded. Responding to a question from Commissioner Freeman, Director Smith said that there is interest in the community to make the boiler more visible. Jelain Chubb said the Mary Conley dates from the 1850s and traveled the Trinity River; the boiler was moved to the Center grounds but it is unknown when that occurred or who owned it. Commissioner Holt said if the boiler were recovered from the riverbed, it would be state property. Commissioner McAfee expressed concern about the risk associated with making the boiler more visible and requested the agency provide photographs of the boiler to Joe Thrash to determine if there is any potential liability. Commissioner Freeman expressed concern about staff time used for the boiler and its issues. Commissioner Givens expressed concern about the safety of anyone exploring the boiler. Chairman Waters asked for a roll call vote with Chairman Waters, Commissioners Carr, Holt and Pickett in the aye column and Commissioners Freeman, Givens and McAfee voting nay. Motion passed with 4 ayes and 3 nays.
   
   Noting that the commission has extensively reviewed and discussed the question at prior meetings, Chairman Waters moved to accept the Hull Rotary Building from the Rotary Friends, Inc. for educational purposes. Commissioner Carr seconded. The building was moved to the grounds of the Sam Houston Regional Library and Research Center in Liberty in 2010 and accepted at that time from the Atascosito Historical Society which later was found to not have ownership of the building and therefore did not have the authority to donate it. Following a discussion on the building’s historic nature, how the building came to the Sam Houston Center and the purpose of the building, Chairman Waters called for a vote by hands with Chairman Waters, Commissioners Carr, Givens, Holt and Pickett voting aye and Commissioners Freeman and McAfee voting nay. Motion passed 5-2.
   
   At this point in the meeting, Chairman Waters moved the meeting to the Commission Meeting Room.

9. Recognition of John Nau.
   
   Chairman Waters welcomed John L. Nau, III and Mrs. Bobbie Nau to the meeting. After a presentation by Sarah Norris on the conservation treatment of the William Barret Travis Bible, Chairman Waters presented Mr. Nau with a commemorative resolution and thanked him for his contribution to the agency. Mr. Nau’s contribution allowed the agency to purchase the Bible which had been in the agency’s possession since 1903. After each commissioner thanked Mr. Nau for his gift, the meeting moved to the Zavala lobby for photographs.
   
   At 11:05 a.m., Chairman Waters resumed the meeting in the Learning Center.

10. Report of the Director and Librarian.
    
    In addition to a written report presented to the commission, Mark Smith provided an update on the agency’s budget prospects before the 84^th Legislature, information about the agency’s presentations and involvement at the Texas Library Association Annual Conference in Austin April 14-17, the greatly enhanced and improved booth in the exhibit hall at the conference, and information about a reception and tours for the Archives, Genealogy and Local History Round Table during the conference. He also announced that the agency has had success with its replevin efforts. Jelain Chubb shared a document returned to the agency that was slated to be auctioned recently.

11. Report on General Land Office request regarding archival holdings.
    
    Following a request made by the General Land Office at the February 6, 2015 commission meeting to transfer certain archival materials to the GLO, Mark Smith said he conferred with staff that had done extensive research on the materials’ origins and determined that the majority belong in the State Archives. Commissioner Freeman commended the staff for the extensive work and substantive response to the request. No action required.

12. Authorization to propose amendments to 13 TAC 7.125, regarding local government records retention schedule GR (Records Common to All Local Governments).
    
    Craig Kelso requested approval to publish notice of proposed rule amendments to 13 TAC §7.125(a)(1) regarding local government retention schedule GR (Records Common to All Local Governments) in the Texas Register for comment. Sarah Jacobson said the GR schedule had been revised to include all changes recommended by the commission’s Local Government Records Subcommittee. Commissioner Freeman moved to approve. Commissioner McAfee seconded. Motion passed.

13. Authorization to propose rule review of Title 13, Chapter 7 (Local Records).
    
    Craig Kelso requested authorization to publish proposed rule review of Title 13, Chapter 7 (Local Records). Commissioner Carr moved to approve. Commissioner Freeman seconded. Motion passed.

14. Approval of Preliminary Records Storage and Imaging fee schedules for 2016.
    
    Craig Kelso requested approval of the preliminary records storage and imaging fees for 2016. Commission Carr moved to approve. Commissioner Freeman seconded. Motion passed.

15. Authorization to propose amendments to 13 TAC 2.51 regarding public record fees.
    
    Jelain Chubb requested authorization to propose amendments to 13 TAC 2.51 regarding public record fees with the addition of a provision for copying large format archival materials that can now be provided because of technology advances. Commissioner Carr moved to approve. Commissioner Freeman seconded. Motion passed.

16. Authorization to propose rule review of Chapter 2 (General Policies and Procedures).
    
    Donna Osborne requested approval to publish proposed rule review of Title 13, Chapter 2 (General Policies and Procedures). Commissioner McAfee moved to approve. Commissioner Carr seconded. Motion passed.

17. Authorization to adopt new rules 13 TAC 2.10, 2.11, 2.12, 2.61, and 2.75 regarding dual office holding, merit selection principles, sick leave pool, private donors, and contract monitoring requirements, respectively.
    
    Donna Osborne requested approval to adopt new rules 13 TAC 2.10, 2.11, 2.12, 2.61, and 2.75 regarding dual office holding, merit selection principles, sick leave pool, private donors, and contract monitoring requirements. After discussion, Commissioner Carr moved to approve. Commissioner McAfee seconded. Motion passed.

18. Report on agency financial information.
    
    Donna Osborne presented a report on agency financial information requiring no action.

19. Discussion of travel policies and procedures.
    
    Donna Osborne presented information about amendments to the agency’s travel policies and procedures implemented which are consistent with those issued by the Comptroller. Chairman Waters noted that although commissioners are not employees, the agency travel policies also apply to commissioners. No action required.
    
    At 11:45 a.m., Chairman Waters recessed the meeting for lunch and then called the commission back to order at 12:19 p.m.

20. Executive session, as authorized by Texas Government Code 551.071, 551.074, & 551.076, regarding consultations with attorney, personnel matters, and security devices respectively.
    
    Chairman Waters called the commission into Executive Sessions at 12:20 p.m. as authorized by Texas Government Code 551.071, 551.974, and 551.076, regarding consultations with attorney, personnel matters, and security devices respectively. The commission returned to open session at 1:05 p.m.
    
    There being no further business before the commission, Chairman Waters adjourned the meeting at 1:06 p.m.