Texas State Library and Archives Commission
August 7, 2017
Minutes
The Texas State Library and Archives Commission met on Monday, August 7, 2017, at the Lorenzo de Zavala State Archives and Library Building, 1201 Brazos Street, Austin, Texas.
Commissioners Present:
Michael C. Waters, Chair
Sharon T. Carr, vice Chair
F. Lynwood Givens
Larry G. Holt
Martha Wong
Staff Present:
Mark Smith, Director and Librarian
Gloria Meraz, Assistant State Librarian
Donna Osborne, Chief Operations and Fiscal Officer
Jelain Chubb, director, Archives and Information Services
Craig Kelso, director, State and Local Records Management
Deborah Littrell, director, Library Development and Networking
Ava Smith, director, Talking Book Program
Michael Ford, Operations Manager, Information Technology Services
Tracy Kuhn Lash, Executive Assistant
Erica McCormick, Grants Administrator, LDN
Jennifer Peters, Community Engagement Administrator, LDN
Katherine Adelberg, Manager, CE and Consulting, LDN
Nanette Pfiester, Program Planning and Research Spcialist, SLRM
Maria Barker, Library Assistant, ARIS
Alana Inman, Manager, Sam Houston Center
Guests:
Alice McAfee, Asst. Attorney General, Office of the Attorney General
Kimberley Lopez-Gonzales, Garza/Gonzalez and Associates
Rene E. Gonzalez, Garza/Gonzalez and Associates
David Conkling, ProQuest
Paul Waak, Connecting Texas Libraries Statewide
Kathryn Allen, Asst Attorney General, Office of the Attorney General
Steve Swanson
- Welcome, introductions, and general announcements.
Chairman Waters called the meeting to order at 8:32 a.m., welcomed everyone to the meeting, and called for a moment of silence to honor the late Governor Mark White who died on August 5, 2017. Chairman Waters said Governor White was a great and outstanding man and an outstanding governor. Chairman Waters called the meeting back to order. Mark Smith introduced the agency’s Employees of the Quarter, Katherine Adelberg, Maria Barker, and Alana Inman and recognized Deborah Littrell on the occasion of her last commission meeting prior to retiring August 31. He introduced Jennifer Peters, who will be promoted to succeed Ms. Littrell on September 1. Chairman Waters congratulated the Employees of the Quarter and Ms. Peters and commended Ms. Littrell on her service.
- Approve minutes of June 5, 2017 Commission Meeting.
Vice Chair Carr moved to approve the minutes of the June 5, 2017 Commission meeting. Commissioner Wong seconded. Motion passed unanimously.
- Public Comment.
Steve Swanson thanked the commission for its leadership and the positive experience he has had researching in the Texas State Archives. He commended the professional, timely, responsive, and helpful service he has received from Archives staff. He said it is important that young people be competent in and know how to resource documentation of what is really going on in government. He said he believes the commission can give Texas schoolchildren the tools for that. Chairman Waters thanked Mr. Swanson for his kind words and for sharing his views with the commission.
- Conflict of interest disclosures.
Vice Chair Carr said that the Director’s report referenced a contract awarded with Oveana, LLC, a joint venture of Integrated Human Capital and Datamark. She disclosed that her husband is on Datamark’s board but receives no monetary compensation for his service. No action required.
- Review of consent agenda: non-substantive corrections in other agenda items such as spelling, numbering, punctuation, grammar, or other revisions. No substantive corrections were noted.
- Discussion of commission meeting dates for FY2018.
- Monday, November 6, 2017 – Nacogdoches, TX
- Monday and Tuesday, February 12 and 13, 2018 – Liberty, TX
- Tuesday, April 3, 2018 – Dallas, TX (at the Texas Library Association Annual Conference)
- Monday, June 4, 2018 – Austin, TX
- August meeting date - to be decided at a later date. - Review and Approve the internal audit on TAC 202 compliance.
Alice McAfee recommended the commission review this at its next meeting to give her and staff time to determine if the audit qualifies for discussion in closed session because of security concerns. The commission concurred and deferred this item to the next commission meeting.
- Review and approve the internal audit on Sam Houston Research Center (Facilities Security and Cash Handling).
Mark Smith informed the commission that the Facilities Security aspect of this audit will be discussed in closed session. Kimberley Lopez-Gonzales presented the internal audit on the Sam Houston Regional Library and Research Center Cash Handling that found generally adequate internal controls for the minimal cash handled at the Center and no material instances of noncompliance found. Chairman Waters complimented staff on the audit and said that the full audit would be considered after the closed session. -
Report on current status and future plans for renovation and repair work at the Sam Houston Regional Library and Research Center.
Jelain Chubb provided an update on renovation and repairs at the Sam Houston Center including fire suppression work, museum design and renovation, and proposed repairs for some of the property’s historic buildings. One delightful outcome of the renovation will be the ability to feature the Andy Kyle archeological collection of projectile points and other artifacts recently discovered in the collection by the Houston Archeological Society. The Society worked previously on the collection and has now identified the best items to exhibit as well as producing a comprehensive publication for the exhibit. Some of the recently discovered items include a Texas Navy button, a Mastodon molar, pottery, and the first recorded Clovis point found in Liberty County indicating much earlier occupation in this area by prehistoric peoples than previously thought.Ms. Chubb requested commission approval to continue the following projects identified as priorities with estimated cost expenditures:
- Renovation of the Center’s Museum and Lobby Space $235,000
- Main building asbestos abatement and tile replacement $15,000
- Replace tile flooring in abated areas $5,000
- Secure the Center’s property against trespassing $15,500
- Upgrades to the Center’s HVAC system $75,000
- Repairs to historic buildings $165,000
- Improve overall interpretation of the facility $80,000
She asked commissioners to consider approval for additional projects including artifact shelving and storage, cleaning and sealing of aggregate walkways, landscaping around the Daniel House and main building, purchase of an emergency generator, priority repairs on historic buildings, renovation of restrooms to comply with ADA requirements, and some items for security.
Vice Chair Carr moved to approve continuing projects 1-7. Commissioner Givens seconded. Motion passed unanimously. Chairman Waters asked staff to bring cost estimates and staff recommendations on the additional projects for the commission’s consideration at a future meeting.
-
Review and approve contracts greater than $100,000, and contract renewals and amendments.
Jelain Chubb requested authority to amend and extend a contract with Exhibits Concepts, Inc. not to exceed $75,000 and until December 31, 2017. The original contract amount of $500,000 was signed in December 2016 and runs through October 31, 2017. The amendment will allow for additional design and display elements at the Sam Houston Center. Vice Chair Carr moved to approve. Commissioner Wong seconded. Motion passed unanimously.Ms. Chubb requested approval to increase an existing Purchase Order with Thomson Reuters West Group for the Texas Administrative Code serial subscription by $10,000 for a total revised amount of $43,145.60 to provide sufficient funds for the remainder of the FY17 fiscal year due to rising costs. Vice Chair Carr moved to approve the increase. Commissioner Holt seconded. Motion passed unanimously.
Deborah Littrell requested approval of a contract for E-rate application support for the Libraries Connecting Texas broadband project not to exceed $500,000 for a period from September 1, 2017 through August 31, 2019. The 85th Legislature appropriated $1 million to TSLAC to assist Texas public libraries in acquiring high speed broadband internet access by leveraging E-rate discounts to help finance the cost in underserved areas of the state. Ms. Littrell said that the agency had gone through a competitive bid process, identified three vendors who have been asked to return their best and final offer, and from these a vendor will be selected that will provide the best value to the state. The vendor will assist up to 100 libraries in applying for the E-rate program. In response to a question from Chairman Waters, Ms. Littrell said the remaining $500,000 would fund the anticipated increases in internet service costs to libraries for one year.
After a discussion about conflicts of interest, Chairman Waters said he promised everyone a break at 10:00 a.m., recessed the meeting and called it back to order at 10:10 a.m. and asked the commission for its pleasure on this contract.
Commissioner Givens moved to approve the contract. Vice Chair Carr seconded. Alice McAfee suggested Commissioner Givens add a point to his motion that once the contract is awarded, staff will contact commissioners to determine they have no conflicts of interest. Commissioner Givens agreed. Motion passed unanimously.
Ms. Littrell requested approval for a two-year contract with OCLC’s WorldCat Database and Navigator Interlibrary Loan (ILL) system not to exceed $2,125,869.55 for FY2018 and not to exceed $2,189,059.06 or $4,314,928.61 for the two year period. This contract is funded with federal funds from the Library Services and Technology Act grant administered by TSLAC and is contingent on federal funds continuing. Ms. Littrell answered questions about how the agency would respond if federal funds go away. Depending on the timing, there would be significant questions about what programs could continue.
Vice Chair Carr moved to approve the contract. Commissioner Wong seconded. Chairman Waters noted that the agency is currently in the federal budget and that this is a huge and important program in the state. Commissioner Holt said this is an absolute core program for the agency and Vice Chair Carr agreed. Mark Smith said in talking to libraries statewide this is a priority to them. Responding to a question from Commissioner Givens, Ms. Littrell said the agency has the funding for the first year of the contract but the second year is contingent on future Congressional funding. Motion passed unanimously.
Ms. Littrell requested approval to renew electronic resource contracts for the TexShare database program as follows:
Vendor
Renewal Cost
Contract Term
Adam Matthew
(Ongoing Access Fee)$7,876
11/1/17-10/31/18
Gale Cengage Learning:
Health Reference Center Academic$437,750
10/1/17 – 9/30/18
ProQuest: HeritageQuest Online
$372,961.40
10/1/17 - 9/30/18
ProQuest: Sanborn Maps
(Ongoing Access Fee)$ 15,525
10/1/17 - 9/30/18
ProQuest: 20th Century English Poetry (Ongoing Access Fee)
$ 4,174
10/1/17 - 9/30/18
ProQuest: 20th Century American Poetry: (Ongoing Access Fee)
$ 9,750
10/1/17 - 9/30/18
Total
$ 848,036.40
Ms. Littrell noted that in the next fiscal year the agency will embark on a major rebid of TexShare core databases. Vice Chair Carr moved to approve the contract renewals. Commissioner Givens seconded. Motion passed unanimously.
Ms. Littrell requested approval to renew the contract with the TexQuest Program Educational Partner, Education Service Center 20, for a total amount of $273,181.75 for the contract period September 1, 2017 through August 31, 2018, representing a 3% increase. Vice Chair Carr moved to approve the contract. Commissioner Holt seconded. Motion passed unanimously.
Ms. Littrell requested approval of a contract with Amigos/TExpress not to exceed $138,833 for FY2018 to cover the management of the TExpress courier service. One of the benefits of this service is that Amigos interacts with courier services in other states which gives Texas libraries sending and receiving materials from a broad range of institutions and states. Vice Chair Carr moved to approve. Commissioner Wong seconded. Commissioner Wong noted that the contract is a very nice savings and she appreciates it. Motion passed unanimously.
Ms. Littrell requested approval of a contract renewal with Enfold Systems, Inc. for the Ploud library websites for a total of $85,885 for the contract period September 1, 2017 – August 31, 2018. Vice Chair Carr moved to approve. Commissioner Holt seconded. Motion passed unanimously.
Ms. Littrell requested a contract renewal with Catapult Systems LLC for the Microsoft Dynamics CRM support which is the online grant management system for the division’s grants. Contract amount is not to exceed $49,915 for one year, September 1, 2017 – August 31, 2018. Vice Chair Carr moved to approve. Commissioner Givens seconded. Motion passed unanimously.
Donna Osborne requested approval for the following contract renewals:
Adam Matthew
$7,876.00
Database access
Amigos Library Services
$3,535
TSLAC’s TExpress Couriers services for ILL
Texas Facilities Commission
$375,000
Facilities management at State Records Center
Precision Micrographics
$25,000
Services for State Records Center
Spacesaver Systems
$65,995
Annual support and maintenance of TexLinx
WT Cox Information Services, Inc.
$5,000
Renewal of subscription service jobber contract
Alliance Work Partners
$6,000
Employee Assistance Program for agency
DIR
$505,302
Data Center Network Consolidation Services
TSLAC
$140,000
Storage for ARIS items at State Records Center
TIBH Industries
$25,000
Mowing for Sam Houston Center
Vice Chair Carr moved to approve the contract renewals. Commissioner Wong seconded. Motion passed unanimously.
- Report on status of Sunset Review.
Gloria Meraz reported that the agency is on schedule for its 2019 Sunset Review Process noting that a survey of TSLAC’s stakeholders and constituents indicated overwhelming support for continuing the agency as well as validation for current services. She provided a final draft of the agency’s Self Evaluation Report as well as survey comments which will be presented to the Sunset Commission by August 31, 2017. Commissioners provided edits, suggestions, comments, and discussed various aspects of the report. No action required.
Commissioner Wong said she was very impressed with what the agency accomplishes with so small a staff, commending staff and noting that the agency’s work touches everyone in the state. Chairman Waters and Commissioner Givens suggested including an Executive Summary. Commissioner Givens suggested some type of commission endorsement for the review and requested also a list of changes the agency is seeking during the Sunset process to share with legislators. Commissioners and staff discussed concerns about certain records that are closed permanently or closed for long periods of time, a concern heard from a number of stakeholders. It was suggested that this topic be considered for an interim study. Mark Smith informed the commission of SB 28 currently in the legislative special session that could potentially delay the agency’s Sunset review if passed. The bill has only been heard in a Senate committee, however.
- Report of the Director and Librarian.
Mark Smith provided a written report to the commission on agency activities and initiatives since the last meeting and provided additional updates that included the agency’s busy summer involving many staff in training and testing the CAPPS Financial system which will go live August 14 with full implementation September 1. The agency also implemented CAPPS Recruit and plans to implement CAPPS Performance by the end of the year. He also reported that a contract has been signed for the Talking Book Program automation system which was approved at the last commission meeting. With the anticipated end to the Governor’s hiring freeze on August 31, the agency is interviewing and hoping to bring onboard as soon as possible after September 1, several critical positions including the IT Director, Youth Services Librarian, and a Purchaser. Jennifer Peters has already been hired to assume the Director position of Library Development and Networking on September 1. No action required on this item.
- Authorization to propose amended rule 13 TAC 7.125(a)(6), regarding local government records retention schedule SD (Records of public school districts).
Craig Kelso introduced Sarah Jacobson who explained how Records Management Assistance staff arrive at proposed changes for a retention schedule, in this case, the retention schedule for School Districts which was last updated in 2011: through their consulting and training, staff receive comments, recommendations for changes, and research those as well as reviewing the legal citations, removing obsolete areas and redundancies. Staff also conferred with Vice Chair Carr and Commissioner Holt on the proposed changes and received suggestions from them as well as contacting the Texas Education Agency for comment. Because the SD schedule is one of the more complex, Ms. Jacobson stated staff would like more time to consider the changes, receive the input from TEA and go out for informal comment from local governments.
At this point in the meeting, legal counsel arrived and Chairman Waters called the commission into Executive Session at 11:13 a.m., pursuant to Texas Government Code, §551.071(1)(A), for consultation with legal counsel to discuss pending or contemplated administrative actions and pending or contemplated litigations including the Ambonare contract.
At 11:49 a.m., the commission returned to open session and Chairman Waters announced that no action was taken in closed session. Chairman Waters returned to Agenda Item 8 - Review and approve the internal audit on Sam Houston Research Center (Facilities and Cash Handling). Vice Chair Carr moved to approve the audit. Commissioner Wong seconded. Motion passed unanimously.
Chairman Waters recessed the meeting for lunch and reconvened the meeting at 12:26 p.m. at which time he returned to Agenda Item 13. Authorization to propose amended rule 13 TAC 7.125(a)(6), regarding local government records retention schedule SD (Records of public school districts).
Commissioner Holt informed the commission that he and Vice Chair Carr had provided comments and suggestions to staff on the SD Schedule and based on staff’s recommendations, suggested that the schedule be considered at a future meeting after staff receive informal comments by contacting school district personnel and receiving the expected input from TEA. No action taken.
- Authorization to adopt repeal and replacement of 13 TAC 6.91-6.97, regarding State Electronic Records Rules.
Craig Kelso requested authorization to repeal 13 TAC §§6.91-6.97 and adopt new rules, 13 TAX §§6.91-6.98 regarding creation, protection, maintenance, and storage of electronic state records by publication in the Texas Register. Vice Chair Carr moved to approve. Commissioner Wong seconded. Motion passed unanimously.
- Approval of TexShare Advisory Board appointments.
Deborah Littrell requested approval for the following appointments to the TexShare Advisory Board:
New Appointments:
Public Member: Dr. Sharon Strover, Director, UT Technology and Information Policy Institute
Public Library Member: Edward Melton, Library Director for Harris County Public Library
Community College Member: Cody Gregg. Dean, Library and Learning Support Services, South Texas CollegeAppointment for a Second Term:
Public University Member: Jeanne Standley, Director, Robert R. Muntz Library, UT Tyler
Vice Chair Carr moved to approve the appointments. Commissioner Wong seconded. Motion passed unanimously. -
Approval of Library Systems Act Advisory Board appointments.
Deborah Littrell requested approval for the following appointments to the Library Systems Act Advisory Board:
New appointment: Mary Jo Guidice, Director of Dallas Public Library
Re-appointment for a second term: Denise Milton, Director, Jasper Public LibraryVice Chair Carr moved to approve the appointments. Commissioner Givens seconded. Motion passed unanimously.
- Approval of annual FY 2018 competitive grant awards.
Deborah Littrell requested approval for grants to libraries for State Fiscal Year 2018. Program costs for the grants are funded with federal funds from the Library Services and Technology Act grant administered by TSLAC. During the presentation of grant awards, Commissioner Wong suggested that staff send notification of grants to legislators who receive grants in their districts so that they are aware that entities in their districts are receiving funds from TSLAC. The commission and staff agreed that this is a good strategy.
The following Special Project Grants for FY 2018 were approved unanimously by the commission with Commissioner Givens moving to approve and Vice Chair Carr seconding.Library
Recommendation
1
North Richland Hills Public Library
$30,611.00
2
Lake Travis Community Library
$72,722.00
3
Houston Public Library
$74,800.00
4
Tom Green County Library System
$73,491.00
5
Bedford Public Library
$25,820.00
6
Johnson City Library
$13,519.00
7
Brownwood Public Library
$9,786.00
8
El Paso Public Library
$25,963.00
9
Dallas Public Library
$75,000.00
10
Nueces County Keach Family Library
$74,962.00
11
Texas A&M University Central Texas
$45,210.00
12
Plano Public Library System
$67,250.00
13
Buda Public Library
$29,558.00
14
Bulverde/Spring Branch Library
$9,150.00
15
Bertha Voyer Memorial Library
$37,000.00
16
Euless Public Library
$75,000.00
17
Georgetown Public Library
$67,712.00
18
Lee College
$75,000.00
19
Jennie Trent Dew Library
$8,145.00
20
Pottsboro Area Public Library
$72,889.00
Total: $963,588.00
The following Cooperation Grants for FY 2018 were approved unanimously by the commission with Vice Chair Carr moving to approve and Commissioner Wong seconding.Library
Recommendation
1
University of Texas at Austin
$74,920.00
2
Frisco Public Library
$75,000.00
3
Amigos Library Services
$75,000.00
4
Blanco County South Library District
$27,841.00
5
Schulenburg Public Library
$75,000.00
6
Bulverde/Spring Branch Library
$70,064.00
7
Central Texas Library System
$75,000.00
8
Houston Public Library
$75,000.00
9
Port Isabel Public Library
$32,263.00
10
Arlington Public Library System
$73,350.00
Total:
$653,438.00
The following Texas Reads Grants for FY 2018 were approved unanimously by the commission with Vice Chair Carr moving to approve and Commissioner Wong seconding:
Library
Recommendation
1
Cedar Park Public Library
$1,530.00
2
Aransas County Public Library (Rockport)
$5,000.00
3
Harlingen Public Library
$4,575.00
4
Bedford Public Library
$5,000.00
5
Arlington Public Library System
$3,500.00
6
Carl & Mary Welhausen Library (Yoakum)
$3,194.00
Total:
$22,799.00
The following TexTreasures Grants for FY 2018 were approved unanimously by the commission with Commissioner Givens moving to approve and Vice Chair Carr seconding:
Library
Recommendation
1
Southern Methodist University
$25,000.00
2
University of North Texas
$24,777.00
3
University of Houston
$24,750.00
4
University of Texas at Arlington
$25,000.00
5
University of Texas at Rio Grande Valley
$24,376.00
6
Lee College
$11,182.00
7
El Paso Public Library
$20,181.00
8
Univ of Texas Medical Branch/Galveston
$25,000.00
9
Brownwood Public Library
$24,820.00
10
Abilene Library Consortium
$32,055.00
11
Austin Film Festival
$33,000.00
12
Houston Community College
$24,971.00
13
Southwestern Adventist University
$7,500.00
Total:
$302,612.00
The following Impact Grants for FY 2018 were approved unanimously by the commission with Vice Chair Carr moving to approve and Commissioner Holt seconding:
Library
Recommendation
1
El Paso Public Library
$9,997.00
2
Brownwood Public Library
$9,977.00
3
Plano Public Library System
$10,000.00
4
Houston Public Library
$10,000.00
5
University of North Texas
$6,499.00
6
Houston Public Library
$9,977.00
7
DeSoto Public Library
$9,979.00
8
El Paso Public Library
$8,384.00
9
University of North Texas
$9,713.00
10
El Paso Public Library
$8,552.00
11
Dickinson Public Library
$2,724.00
12
Arlington Public Library System
$9,800.00
14
Deer Park Public Library
$10,000.00
13
Houston Public Library
$8,996.00
15
Lancaster Veterans Memorial Library
$9,650.00
16
Plano Public Library System
$10,000.00
17
Bulverde/Spring Branch Library
$10,000.00
18
Balch Springs Library - Learning Center
$9,700.00
19
Arlington Public Library System
$9,200.00
20
Arlington Public Library System
$10,000.00
Total: $183,148.00 - Report on agency financial information.
Donna Osborne presented a report on agency financial information and responded to questions on the report. No action required.
There being no further business to come before the commission, Chairman Waters adjourned the meeting at 12:50 p.m.