Consideration of commemorative resolutions. 

Mark Smith presented a resolution for Nan Pfiester who retired from agency service December 31, 2018 after 16 years of service to the agency in the State and Local Records Management Division. Ms. Pfiester said it was an honor to work for the agency.

Approve minutes of November 2, 2018 Commission Meeting.

Commissioner Wong moved to approve the November 2, 2018 commission minutes as corrected. Commissioner Mann seconded. Motion passed unanimously.

Public Comment. 

Chairman Waters invited anyone signed up to speak on agenda items to speak during Public Comment or wait for their agenda item of interest. Ted Siff said he was in attendance to support the request for an easement on State Records Center property on Shoal Creek Boulevard.

Wendy Woodland reported on Texas Library Association legislative interests and activity and said TLA is in support of the agency’s budget requests before the 86th Legislature particularly funds for e-books.  Ms. Woodland said that TLA supports the Sunset Advisory Commission’s recommendation to continue the agency for 12 more years. She said TLA is working with other organizations regarding property tax relief legislation and to include school librarians in any teacher pay raise legislation. She invited the commission to the upcoming TLA Annual Conference, April 15-18, at the Austin Convention Center and thanked the agency for sponsoring a great slate of events and for hosting an advocacy preconference. TLA hopes to engage more librarians in advocacy, she said.

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 corrections were noted.

Presentation of TSLAC 2019 Internal Audit Plan.

Donna Osborne introduced Daniel Graves of Weaver and Tidwell who presented the 2019 audit plan for the agency which includes following up on prior internal audit findings, the National Library Service site visit for the Talking Book Program, performing a risk assessment and conducting audits on grants management and contracts. Mr. Graves said the plan will be a full year of audit activity taking place from February through August acknowledging that it will be a heavy workload for staff. Chairman Waters thanked Mr. Graves for his thorough assessment and presentation. No action required.

At this point in the meeting, Chairman Waters took up Agenda Item 13.

Bridge at Shoal Creek easement at the State Records Center.

Chairman Waters welcomed all persons interested in this agenda item to join the commission at the table and introduce themselves.

After introductions, Ted Siff said he supports the request for sale, donation or easement of state land to facilitate a bridge over Shoal Creek at the State Records Center that would allow neighborhoods east of the creek to have access to over 20 acres of planned parkland in the area now being developed on former state land on the west side of the creek.

Andy Leiseinch said the developer of the land across the creek from the State Records Center agreed to fund a bridge to connect the development with Shoal Creek Boulevard provided the city work with the state to grant an easement for the bridge and trail. The developer will build the bridge at full cost and the City of Austin will maintain the bridge and the land around the bridge. The City will work with Library and Archives staff on the design of the bridge and trail, he said.The City is requesting a 20-foot easement although it might need to be a little bigger once the City investigates placement of the bridge in relation to the creek flood plain. The City has determined that the best location for the bridge would be at the south end of the State Records Center property to span the 100-year flood plain and eliminated the other possible location behind the residences on the north side of the property. He said the City is committed to working with the Commission to create a bridge and path that is of benefit to the state.He also said the bridge and the trail are intended for bicycles and pedestrians, not vehicles, and at some point a discussion will have to occur regarding other types of transportation such as scooters.

Chairman Waters thanked him for his comments and noted that it will be a significant bridge and Mr. Leiseinch agreed stating that it will be in the area of 150 to 200 feet long.

Responding to a question from Commissioner Wong regarding who requested the bridge, Mr. Leiseinch said the City had for some time been seeking ways to increase mobility between neighborhoods and Shoal Creek Boulevard, a popular biking street in the Central Austin.Commissioner Wong asked how the land would be transferred and if the city would pay rent. Mr. Leiseinch said there are several options as to how the land could be transferred to the City and the City is open to whatever works for the state although a permanent easement is preferred. Commissioner Wong also asked if the City would protect the agency’s property by constructing a fence. Mr. Leiseinch said that the City understands that the State Records Center is a secure facility and is certainly open to the city or the developer expanding the current fencing around the Center.

Vice Chair Holt asked how many square feet the Commission would lose but Mr. Leiseinch said he could not provide at this time.

Commissioner Wong asked if the city could provide instances of other easements that state agencies have granted to the City and said she would like to see them.

In response to commissioners’ questions about whether neighbors across Shoal Creek Boulevard want the bridge and whether they have been notified of the potential for the bridge, Mr. Leiseinch offered to return with formal neighborhood association support including from the neighbors who live across the street on Shoal Creek Boulevard. He noted that the two City Councilmembers whose districts are impacted have been actively meeting with neighborhood associations.

Commissioner Garza said it seemed to him that granting an easement would not be for the developer’s benefit but for the benefit of the public by providing a safer way to travel and avoid busy streets and asked if that is how Senator Watson viewed it. Sandy Guzman answered affirmatively.

Vice Chair Holt expressed concerns about the increase in traffic along Shoal Creek Boulevard as it is a small tract of land and wondered about the difficulty that might pose for State Records Center delivery trucks entering and exiting adjacent to the easement.He asked if the City has any plans for improving the bicycle lanes on Shoal Creek Boulevard. Erich Bollich said the City is in the early stages of gathering comments for that purpose. Sandy Guzman noted that the heavy usage is typically during rush hour and on weekends which would not impact the Records Center operations.

Vice Chair Holt asked how the pedestrian bridge would benefit the agency and Ms. Guzman said the bridge would be a great opportunity for generating more awareness of the agency and its work and suggested a display along the bridge illustrating TSLAC’s mission and work.

Chairman Waters thanked everyone for attending the meeting and said the discussion gave everyone a sense of the Commission’s questions on this issue and that the Commission would not be making a decision at this meeting.

At 9:41 a.m., Chairman Waters called the commission into Executive Session to obtain legal counsel under agenda item 13. The commission returned to open session at 10:36 a.m. and Chairman Waters recessed the meeting for a break. He called the meeting back to order at 10:51 a.m.

Vice Chair Holt moved that the Commission authorize the State Librarian to collect information relative to the easement requested by the City of Austin and to develop a possible Attorney General opinion on this easement. Commissioner Mann seconded. After a roll call vote, motion passed unanimously.

Report of the Libraries and Talking Book Committee meeting of January 18, 2019.

Commissioner Wong reported on the meeting of the Commission’s Libraries and Talking Book Committee which met January 18, 2019 at the State Records Center. The committee heard reports from the Directors of Library Development and Networking and the Talking Book Program and toured the TBP Circulation facility. No action required.

Report of the Archives and Records Committee meeting of February 7, 2019.

Vice Chair Holt reported that the Archives and Records Committee did not meet due to a lack of a quorum. He said he hopes to schedule a meeting in April or early May. No action required.

Review and approve contracts greater than $100,000 contract renewals, and amendments.

Donna Osborne requested approval to increase a contract with Digital Archive Writer by $31,900 to $121,150 to procure a five-year maintenance support agreement.  Commissioner Garza moved to approve the increase and Commissioner Tocker seconded. Motion passed unanimously.

Jennifer Peters requested approval for a zero-dollar contract with a vendor to provide access to genealogy resources for the TexSelect program which the agency negotiates for Texas libraries. The contract would run from April 1, 2019 through September 30, 2020. State resources are not expended for this program. Commissioner Mann moved to approve the contract and Commissioner Wong seconded. Motion passed unanimously.

Donna Osborne requested authorization to extend a contract with the Texas Facilities Commission for work at the Sam Houston Regional Library and Research Center from August 31, 2019 to August 31, 2020. Vice Chair Holt moved to approve the extension and Commissioner Mann seconded. Motion passed unanimously.

Review and approve acceptance of gifts and grants greater than $500.

Donna Osborne requested approval to accept a $1,500 donation from the National Association of Government Archives and Records Administrators (NAGARA) to fund a part-time project assistant to process NAGARA records. Commissioner Wong moved to accept the donation and Commissioner Garza seconded. Motion passed unanimously.

Ms. Osborne requested approval to accept a donation of $4,746 from the Friends of Libraries and Archives of Texas to the Archives and Information Services Division to fund a conservation internship during the summer of 2019. Commissioner Tocker moved to approve the gift and Commissioner Mann seconded. Motion passed unanimously.

Ms. Osborne requested approval to accept a grant of $25,480 from the National Historical Publications and Records Commission to support activities of the Texas Historical Records Advisory Board through December 31, 2019. Commissioner Wong moved to approve the grant and Commissioner Garza seconded. Motion passed unanimously.

Report on Legislative Session.

Gloria Meraz said the agency is scheduled for hearings before the House Appropriations Committee and the Culture, Recreation and Tourism Committee, which oversees the agency. She also shared a list of bills filed in the 86th Legislature that impact or are of interest to the agency including a bill that would grant advertising authority to the agency which was filed by Rep. Guillen independently from the Sunset Advisory Commission report.  No action required.

Report of the Director and Librarian.

In addition to a written report on TSLAC activities and initiatives, Mark Smith informed the commission that the agency’s Sunset bills, although not filed yet, will be carried by Rep. Stan Lambert on the House side and in the Senate by Senator Bob Hall. And in response to a directive in the Texas Historical Commission’s Sunset report to look at options for curatorial space and agency staff met with Historical commission and other agencies to explore this issue resulting in the Historical Commission stating that they prefer to share space with the agency at the Records Center. In response to a request from Chairman Birdwell to create a combined search portal for historical resources and agency staff are actively working with the Historical Commission to see what the options for that are.  He also noted that in the last session HB 8 directed DIR in working with TSLAC to develop a digital storage study which has been published. One of the study’s recommendation was to implement a statewide governance position at TSLAC and this session Rep. Caprigilione’s staff are working on a bill that would insert this into TSLAC’s statutory pattern giving the agency the authority to add that position. He said the agency welcomes that authority to satisfy a very important need in the state. And finally, Director Smith introduced Michael Ford who has been promoted to the Director of Information Technology Services, noting that Mr. Ford has been with the agency for 20 years and is a steady, trusted and smart employee.

Discussion of future commission meeting dates.

Mark Smith reviewed future meeting dates that had been set noting that the Commission had not yet set a fall meeting date. After discussion, the Commission set a meeting on Friday, November 1, 2019, in Brownsville.

Authorization to re-adopt 13 TAC, Chapter 3, State Publications Depository Program.

Jelain Chubb requested authorization to re-adopt of 13 TAC, Chapter 3, State Publications Depository Program. Commissioner Wong moved approval and Commissioner Garza seconded. Motion passed unanimously.

Authorization to adopt amended 13 TAC §3.1-3.3, and repeal 13 TAC §3.4 State Publications Depository Program.

Jelain Chubb requested authorization to adopt amended 13 TAC 3.1-3.3, and to repeal 13 TAC 3.4 State Publications Depository Program, noting that the adoption and repeal had been posted to the Texas Register but did not elicit any comments. Commissioner Mann moved approval and Vice Chair Holt seconded. Motion passed unanimously.

Authorization to adopt amended rules regarding juvenile records retention:

1. ) 13 TAC §7.125(a)(3), local government retention schedule CC (Records of County Clerks)
2. ) 13 TAC §7.125(a)(4), local government retention schedule DC (Records of District Clerks)
3. ) 13 TAC §7.125(a)(5), local government retention schedule PS (Records of Public Safety Agencies)
4. ) 13 TAC §7.125(a)(8), local government retention schedule LC (Records of Justice and Municipal Courts)

Craig Kelso requested approval to adopt rules regarding juvenile records retention 13 TAC §7.125(a)(3), local government retention schedule CC (Records of County Clerks), 13 TAC §7.125(a)(4), local government retention schedule DC (Records of District Clerks), 13 TAC §7.125(a)(5), local government retention schedule PS (Records of Public Safety Agencies), and 13 TAC §7.125(a)(8), local government retention schedule LC (Records of Justice and Municipal Courts).

Mr. Kelso noted that some comments were received resulting in some changes but staff determined the changes are not substantive enough to post for comment again. Vice Chair Holt moved to approve the amended rules and Commissioner Wong seconded. Motion passed unanimously.

Authorization to re-adopt 13 TAC 1, Library Development.

Jennifer Peters requested authorization to re-adopt 13 TAC 1, Library Development noting that no comments were received during the posting period in the Texas Register. Commissioner Wong moved approval and Commissioner Tocker seconded. Mark Smith reminded the Commission that this Chapter contains rules for accreditation for libraries and no comments were received from libraries or local governments. Responding to a question from Commissioner Wong, Director Smith said that although the agency’s Sunset Commission had questions about accreditation, the Sunset report did not recommend any changes in accreditation. Motion passed unanimously.

Authorization to post a rule review pursuant to Tex. Gov’t Code §2001.039 of 13 TAC Chapter 7, Local Records.

Craig Kelso requested authorization to publish the notice of rule review of 13 TAC Chapter 7, Local Records rules, in the Texas Register. Commissioner Mann moved to approve posting the rule review and Commissioner Garza seconded. Motion passed unanimously.

Report on agency expenditures summary.

Donna Osborne provided a written report on agency expenditures and responded to questions regarding the report. No action required.

Executive Session under the Open Meetings Act. The commission may meet in Executive Session on any item listed above if authorized by the Texas Open Meetings Act, Texas Government Code, Chapter 551.  

There being no further business to come before the commission, Chairman Waters adjourned the meeting at 11:35 a.m.