Texas State Library and Archives Commission
November 6, 2017
Minutes
The Texas State Library and Archives Commission met on Monday, November 6, 2017, at the Judy B. McDonald Public Library, 1112 North Street, Nacogdoches, 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
Jennifer Peters, Director, Library Development and Networking
Ava Smith, Director, Talking Book Program
Steve Rapp, Director, Information Technology Services
Michael Ford, Operations Manager, Information Technology Services
Tracy Kuhn Lash, Executive Assistant
Liz Phillipi, School Program Coordinator, LDN
Sarah Jacobson, Manager, Records Management Assistance, SLRM
Guests:
Alice McAfee, Office of the Attorney General
Kimberley Lopez-Gonzales, Garza/Gonzalez and Associates
Rene E. Gonzalez, Garza/Gonzalez and Associates
Mercedes Franks, Nacogdoches Public Library
Linda Reynolds, Stephen F. Austin State University
Will Honea, Stephen F. Austin State University
Sonja Schulz, Nacogdoches ISD
- Welcome, introductions, and general announcements.
Chairman Waters called the meeting to order at 9:00 a.m., welcomed everyone to the meeting adding that the commission is pleased to be in Nacogdoches. Mercedes Franks welcomed the commission to Nacogdoches and the library and said she looked forward to providing a tour of the library after the meeting. Mark Smith introduced Steve Rapp, who joined the agency September 1, 2017. Chairman Waters welcomed Mr. Rapp to the agency.
- Consideration of commemorative resolutions.
Mark Smith presented resolutions for Deborah Littrell and Margie New, who retired August 31, 2017, as Director of Library Development and Networking and Systems Analyst, respectively, and a resolution for Appraisal Archivist Tony Black, who passed away in September 2017 just prior to retirement. Director Smith said that Mr. Black was a greatly valued employee who had worked at the agency for 35 years. Vice Chair Carr moved to approve the resolutions. Commissioner Givens seconded. Motion passed unanimously.
- Approve minutes of August 7, 2017 Commission Meeting.
Vice Chair Carr moved to approve the minutes of the August 7, 2017 Commission meeting as corrected. Noting that she had disclosed during the August 7 meeting that her husband serves on the board of Datamark, she stated that he does receive compensation for attending board meetings but has no role in administration of contracts. TSLAC staff serve as subject matter experts for the Comptroller which has a contract with a subsidiary of Datamark. Alice McAfee suggested that Vice Chair Carr seek advice on conflicts of interest with the Texas Ethics Commission. Commissioner Holt seconded. Motion passed unanimously.
- Public Comment. There was no public comment at this time.
- Conflict of interest disclosures. No conflicts were disclosed.
- 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.
- Review and approve the internal audit on Grants Management.
Rene Gonzalez presented the internal audit on Grants Management in the Library Development and Networking Division noting that nothing material was found in the audit and that two follow-up items from the previous year’s audit have been fully implemented. Vice Chair Carr moved to accept the audit. Commissioner Wong seconded. Motion passed unanimously.
- Review and approve the internal audit on TAC 202 compliance.
At 9:20 a.m., noting that a quorum of the commission was present and had been in open session, Chairman Waters announced that the commission would go into Executive Session with Mark Smith, Gloria Meraz, Alice McAfee, Donna Osborne, Steve Rapp, and Michael Ford to discuss the internal audit on TAC 202 compliance.
At 9:42 a.m. the commission returned to open session. Chairman Waters announced that no action was taken in Executive Session. Vice Chair Carr moved to accept the Internal Audit on TAC 202 Compliance. Commissioner Givens seconded. Motion passed unanimously.
- Review and approve FY 2017 Audit Report.
Kimberley Lopez-Gonzales presented the FY 2017 Audit Report prepared by Garza/Gonzalez which included four internal audits and a follow-up audit on prior year audits. Vice Chair Carr moved to accept the audit. Commissioner Holt seconded. Motion passed unanimously.
- Review and approve FY 2018 Risk Assessment and Proposed Audit Plan.
Kimberley Lopez-Gonzales presented the proposed plan for the agency’s Internal Audit Plan for FY 2018 and answered questions about the plan. She said Garza/Gonzalez recommends audits for the following:
- Library Resource Sharing Administrative Support
- Facilities and Security at the Zavala and Shoal Creek buildings
- TAC 202 audit
- Grants Management
- Follow-up on internal audits from prior years
Vice Chair Carr moved to accept the Internal Audit Plan for FY 2018 as proposed by Garza/Gonzalez. Commissioner Wong seconded. Motion passed unanimously. - Report on current status and future plans for renovation and repair work at the Sam Houston Regional Library and Research Center.
Jelain Chubb presented a report on progress of repairs and museum renovation at the Sam Houston Regional Library and Research Center noting that progress on the new museum space is moving forward and is hoping to have the project completed by mid-December. Ms. Chubb reviewed the items approved by the commission at the August 7, 2018 meeting, informed the commission that because of additional work required on the foundation of the Partlow house, she requested that all $165,000 previously approved for repairs on all the historic buildings be instead allocated solely for the Partlow house repairs. Additionally, staff provided pricing estimates for the prioritized items and requested approval for those items as follows:
- Museum lighting ………………………………………………………………………………………….$ 24,000
- Roof repairs……………………………………………..……………………………………………….….$5,000
- Renovation of restrooms to comply with ADA requirements………………………. $ 50,000
- Additional upgrades to the center’s HVAC system………………………………………..$100,000
- Internet connectivity upgrades……………………………………………………………………..$15,000
- Landscaping around Daniel house and main building…………………………………….$15,000
- Cleaning and sealing of aggregate walkways……………………………………………..….$2,000
- Additional historical building repairs (Partlow, Gillard-Duncan………………….….$ 70,000
- Artifact shelving and storage…………………………..…………………………………………….$ 10,000
- Contingency funding for cost overruns…………………………………………………….…..$118,500
Total.................................................................................................................................... $409,500
Ms. Chubb said these items will complete expenditure of the $1 million appropriated by the 85th Legislature. However, if any funds remain she recommends additional security cameras in the Center. Vice Chair Carr moved to approve the request. Commissioner Wong seconded. Chairman Waters commended staff on identifying the Center’s needs, keeping the Commission informed, and that the Commission looks forward to seeing the improvements at its February meeting in Liberty.Motion passed unanimously. -
Review and approve contracts greater than $100,000, and contract renewals and amendments.
Jelain Chubb requested approval to amend a contract with the Texas Facilities Commission to manage repairs to the Sam Houston Center by increasing the contract to an amount not to exceed $1,070,000, extending the contract through December 2018, and amending to include the following items:
- Abate asbestos in main building’s first floor hallway and adjoining areas……………………… $15,000
- Installation of new tile flooring in abated areas……………………………………………………………$5,000
- Secure the Center’s property against trespassing and unidentified visitors
- Reestablish the survey lines..…………………………………………….……………………………………$5,000
- Fencing and addition of gate on south emergency access..…………………………………… $10,500
- Repairs and upgrades to the Center’s HVAC system………………………………………………………$175,000
- Repairs to historic buildings (Partlow and Gillard-Duncan)…………………………………………...$235,000
- Install outdoor interpretive steamship boiler display/event space……………………….……… $75,000
- Renovation of restrooms to comply with ADArequirements…………………….…………………$50,000
- Cleaning and sealing of aggregate walkways………………………………………………...................$2,000
Commissioner Givens said he would like to see on a yearly basis what the cost is for repairs and maintenance at the Sam Houston facility and what it will cost the agency into the future. Chairman Waters noted that Hurricane Harvey has complicated the repair and maintenance situation at the Center since so much of the area in Liberty and Houston were damaged. Responding to a question from Commissioner Holt, Ms. Chubb said that the Liberty area received 50 inches of rain during Hurricane Harvey and that the recent drainage work at the Center worked very well. Vice Chair Carr moved to approve the contract amendment. Commissioner Wong seconded. Motion passed unanimously.
Ms. Chubb requested approval to contract with a vendor in an amount not to exceed $150,000 and with a vendor whose BAFO evaluated as demonstrating the best value to the agency and state for museum lighting in the Sam Houston Center. Ms. Chubb said that the agency had tried several times to contract for museum lighting and run into problems in the area of cost: a Request for Proposal issued in August for museum lighting resulted in two responses that far exceeded the agency’s budget. A second RFP was posted on October 6 with a submission deadline of October 25. Vice Chair Carr moved approval for the commission to delegate authority to contract with a vendor based on staff’s evaluation as demonstrating the best value to the agency and state. The motion also included a provision for staff to notify the commission of the final vendor so that the commissioners may check for conflicts of interest. Commissioner Holt seconded. Motion passed unanimously.
Ms. Chubb requested approval to renew a contract with Preservica for one year, effective January 1, 2018, in the amount not to exceed $63,0979. Preservica is the software that runs the Texas Digital Archive and provides an electronic records system designed to ingest, manage, preserve, and store archival e-records and make them accessible to TSLAC staff and the public. The initial use of the system in January 2015 was used to ingest and store records of former Governor Rick Perry and Lt. Gov. David Dewhurst. Vice Chair Carr moved to approve the renewal. Commissioner Wong seconded. Motion passed unanimously.
Jennifer Peters requested approval to renew the online database contract with American Chemical Society (ACS) in the amount of $1,399,511 for a contract period to run from January 1, 2018 through December 31, 2018. No state funds are used for this package which is negotiated and managed by agency staff to obtain discount pricing. Commissioner Givens moved to approve. Vice Chair Carr seconded. Vice Chair pointed out that this is a database that is highly used. Commissioner Givens said he is familiar with the ACS database and used it many times finding it wonderful. Motion passed unanimously.
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Report on the status of cell tower lease at State Records Center.
Donna Osborne reported that the contract for the cell tower lease on the State Records Center property will expire in 2021 and the contract negotiator is anxious to renew the contract. Ms. Osborne requested authorization for the agency to work with OAG counsel, procure external legal services if necessary, and begin negotiation of a new agreement for the cell tower lease. Alice McAfee outlined the steps for requesting outside counsel with the OAG. After discussion, Vice Chair Carr moved to approve the request. Commissioner Holt seconded. Ms. McAfee noted that there is real expertise in other state agencies such as the General Land Office and recommended discussing with them as well. Motion passed unanimously. Chairman Waters requested a follow-up report on this issue at the next meeting.
At this point in the meeting (10:30 a.m.), Chairman Waters called for a break, recessed the meeting, and called it back to order at 10:45 a.m.
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Report on new legislation pertaining to agency operations.
Alice McAfee presented a report on new legislation impacting agency operations, cybersecurity, responding to Public Information Act requests, rulemaking, open meetings, and other areas. No action required.
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Discussion of format and content for February commission meeting.
Mark Smith presented a framework for plans for the commission meeting February 12 and 13, 2018 at the Sam Houston Regional Library and Research Center in Liberty. The meetings will include a strategic planning session, a facilitated workshop on a board development topic, a discussion of the public value of TSLAC services, a tour of the Center, and a regular meeting of the commission. No action required.
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Report of the Director and Librarian.
Mark Smith provided a written report to the commission on agency activities and initiatives since the last meeting, provided additional updates and answered questions from the commission. He described the agency’s work in response to Hurricane Harvey noting that the commission will consider Rebuilding Texas Library grants later in the meeting in response to the Governor’s proclamation. He also reported on the state of libraries affected by the storm. He said that the Texas Department of Transportation has contacted the agency to use TSLAC resources to make certain TXDot documents regarding Right of Way more accessible to the public. This will be a significant project that will involve staff from SLRM and ARIS as the documents will be entered into the Texas Digital Archive. Additional equipment will most likely be necessary for the project. The commission will be regularly updated on this at future meetings. He also reported on agency activities related to the Texas Book Festival including hosting the second Texas Authors Summit and having a very active booth during the festival. Responding to questions from the commission about hurricane damage and what type of insurance the agency has for buildings, Donna Osborne informed the commission that the agency has contracted with the State Office of Risk Management to evaluate all agency buildings and make recommendations for insurance upgrades if necessary. Finally, Director Smith pointed out that included in the Director report is a snapshot of Information Technology projects and issues provided by Steve Rapp. No action required on this item.
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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 and Sarah Jacobson requested approval to publish notice of proposed rule amendments to 13 TAC §7.125(a)(6) regarding local government records retention schedule SD (Records of public school districts). Ms. Jacobson said that agency staff had consulted with Texas Education Agency officials regarding changes as well as receiving some informal comments from school district personnel. Responding to a question from Commissioner Holt, Ms. Jacobson said that there was no strong pushback on amendments but staff will continue discussions with TEA. Vice Chair Carr moved to approve the request. Commissioner Holt seconded. Motion passed unanimously. -
Review and approve agency rule review timeline.
Noting that state law requires agencies to review their administrative rules every four years, Mark Smith presented a timeline for agency rule review for the next two years and requested approval of the following rule review timetable:
Plan for Review of Agency Rules Finish by
Chapter 4 School Library Programs February 28, 2018
Chapter 6 State Records April 30, 2018
Chapter 3 State Publications Depository Program June 30, 2018
Chapter 8 TexShare Library Consortium August 31, 2018
Chapter 9 Talking Book Program November 30, 2018
Chapter 7 Local Records February 28, 2019
Chapter 2 General Policies & Procedures April 30, 2019
Chapter 1 Library Development August 31, 2019
Vice Chair Carr moved to approve the timetable. Commissioner Wong seconded. Motion passed unanimously.
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Authorization to propose amended rule 13 TAC §4.1, including the revised School Library Programs: Standards and Guidelines for Texas.
Jennifer Peters and Liz Phillipi requested authorization to propose amended rule 13 TAC §4.1, including the revised School Library Programs: Standards and Guidelines for Texas and responded to questions from commissioners.
The school library standards were last updated in 2005 and since 2015, TSLAC staff have been working with school librarians as well as representatives appointed by the State Board of Education, to draft the proposed standards. The revisions differ from the 2005 standards by following the same format used in the Texas Teacher Evaluation and Support System rubric, addressing the changes and increased access to technology used in education, and are written to support the six common beliefs regarding what comprises an effective school library program as defined by the Texas Library Association and Texas school librarians. The revised standards also list five levels of expectation attainment as opposed to the four levels in the current standards.
Chairman Waters said he was delighted to learn that over 100 people were involved in the process. Vice Chair Carr said as a former school librarian she appreciated the emphasis on students learning to evaluate information for safety issues and the legal and ethical use of information. Vice Chair Carr moved to approve the request. Commissioner Holt seconded. Responding to a question from Commissioner Givens, Mark Smith noted that the standards are voluntary for districts to implement. After further discussion, motion passed unanimously.
Chairman Waters recessed the meeting for lunch at 11:58 p.m. and called the meeting back to order at 12:13 p.m.
Mark Smith introduced Sonja Schulz who was co-chair of the library standards committee which produced the amended School Library Standards. Chairman Waters thanked Ms. Schulz for being present at the meeting and commended her for her work on the comprehensive school library standard project.
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Review and Approve Rebuilding Texas Libraries grants.
Jennifer Peters requested approval for 25 Rebuilding Texas Libraries grants totaling $194,242 for libraries impacted by Hurricane Harvey as follows:
Library
Award
Aransas County Independent School District (Rockport)
$25,000.00
Aransas County Public Library (Rockport)
$5,000.00
Fort Bend Independent School District
$5,000.00
Humble Independent School District
$10,000.00
Klein Independent School District
$5,000.00
University of Houston
$5,000.00
Ed & Hazel Richmond Public Library (Aransas Pass)
$4,824.00
Houston Public Library
$24,816.00
Lone Star College - Kingwood
$5,000.00
Coastal Bend College (Beeville)
$4,936.00
Beaumont Public Library
$5,000.00
Dennis M. O'Connor Public Library (Refugio)
$5,000.00
Kirbyville Public Library
$4,960.00
Lamar State College Port Arthur
$5,000.00
University of St Thomas
$5,000.00
Victoria Independent School District
$9,711.00
Hardin-Jefferson Independent School District
$10,000.00
Little Cypress-Mauriceville Consolidated Independent School District (Orange)
$15,000.00
Shepherd Public Library
$5,000.00
Clear Creek Independent School District (Friendswood)
$5,000.00
Effie & Wilton Hebert Public Library (Port Neches)
$5,000.00
Hull-Daisetta Independent School District
$5,000.00
William R. Ellis Memorial Library (Port Aransas)
$4,995.00
Hardin Independent School District
$5,000.00
Orangefield Independent School District
$10,000.00
Total
$194,242.00
The grant program was set up in the hurricane’s aftermath for libraries in counties declared disaster areas and counties that provided assistance to displaced persons. Ms. Peters noted that Mark Smith worked very hard for the agency to receive permission from the Institute of Museum and Library Services’ Grants to States Program to extend the federal guideline for expenditure and reporting. Vice Chair Carr moved to approve the grants. Commissioner Wong seconded. Motion passed unanimously.
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Report on agency financial information
Donna Osborne presented a report on agency financial information and responded to questions on the report. No action required.
- Executive Session under the Open Meetings Act, Texas Government Code, Chapter 551, including but not limited to §551.089, deliberation regarding security devices or security audits. The commission went into Executive Session under Agenda Item 8.
There being no further business to come before the commission, Chairman Waters adjourned the meeting at 12:28 p.m.