Texas State Library and Archives Commission
August 12, 2019
Minutes
The Texas State Library and Archives Commission met on Monday, August 12, 2019, in the Lorenzo de Zavala State Archives and Library Building, 1201 Brazos Street, Austin, Texas.
Commissioners Present:
Michael C. Waters, Chair
Larry G. Holt, Vice Chair
F. Lynwood Givens
David C. Garza
Arthur T. Mann
Darryl Tocker
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
Michael Ford, Director, Information Technology Services
Tracy Kuhn Lash, Executive Assistant
Susan Floyd, Communications Officer
Oscar Muñoz, Desktop Support Specialist, ITS
Sarah Jacobson, Manager, Records Management Assistance, RMA
Danielle Plumer, Statewide Resource Sharing Coordinator, LDN
Erica Wilson-Lang, Government Information Analyst, SLRM
Richard Holmes, Records Center Specialist, SLRM
Naomi Frantes, Cataloger, ARIS
Guests:
Robin Glassner, Office of the Attorney General
David Gordon, Office of the Attorney General
Wendy Woodland, Texas Library Association
Susan Mann, Hillsboro Public Library
Gretchen Pruett, New Braunfels Public Library
John Raff, Deputy Executive Director, Texas Facilities Commission
Daniel Graves, Weaver and Tidwell
- Welcome, introductions, and general announcements.
Chairman Waters called the meeting to order at 8:34 a.m. and welcomed everyone to the meeting. He announced that the commission would consider Agenda Item 5 near the end of the meeting and that the commission would also conduct an Executive Session near the end of the meeting.
- Approve minutes of June 3, 2019 Commission Meeting.
Commissioner Mann moved to approve the minutes of the June 3, 2019 commission meeting as corrected. Commissioner Wong seconded. Motion passed unanimously.
- Public Comment. Susan Mann informed the commission that the Texas Library Association’s Legislative Committee is in transition with new leadership and introduced the new chair, Gretchen Pruett. Chairman Waters thanked Ms. Pruett for her support of the agency during legislative hearings.
- Conflict of interest disclosures. No conflicts were disclosed.
- TFC Report regarding Promontory Point, storage study, and Sam Houston Center.
Chairman Waters welcomed John Raff and thanked him for attending the meeting. Mark Smith said TFC is working with TSLAC on several projects that include renovating space at Promontory Point to provide additional records storage, continuing repairs and renovation at the Sam Houston Center, and preparing a study on records storage space in Austin. Responding to commission concerns about project costs and timelines, Mr. Raff said his staff would continue to negotiate on prices to provide a good value for the state for the Sam Houston Center project and agreed to provide a schedule for the work at Promontory Point by the next commission meeting. He said that the Promontory Point project is a 15 to 16-month project that is too large for his agency’s minor construction group although they are doing some of the prep work on the facility. The Promontory Point building is not a state-constructed building and does not have a lot of documentation so has a higher risk for unforeseen circumstances and conditions, he said. It is also often difficult to hire engineers and contractors in Austin because of the volume of construction work occurring in the city. Responding to a question from Commissioner Givens, Mr. Raff said historic buildings go through periodic major renovations and then are fairly inexpensive to maintain because they are not used consistently like an administrative building. He recommended budgeting $5 per square foot for building maintenance. Commissioner Wong expressed concerns about TFC completing the storage study on time and Mr. Raff assured her it would meet the deadline. No action required.
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Review and approve acceptance of a gift greater than $500.
Donna Osborne requested approval of a gift of $500 from Mr. Al T. Perkins in memory of his wife, Nanci L. Perkins, a Talking Book Program patron. Commissioner Wong moved to approve the gift and Commissioner Tocker seconded. Motion passed unanimously. -
Review and approve contracts greater than $100,000, contract renewals, and amendments.
Chairman Waters said when he read the agenda material and saw the variety of things the commission will be doing for libraries in today’s meeting, he remembered that 10 years ago when he joined the commission, he was not aware of the many programs that libraries provide. He noted a newspaper article from August 11 in the Dallas Morning News with the headline “Libraries evolve to aid in crisis situations.” He said the article talks about all the situations facing libraries today and mentions a librarian who is trained in CPR, mental health crisis response and carries the opioid overdose antidote with her. He said as the commission approves these contracts and grants he is proud that the commission is helping address some of these unique problems that libraries face.
Donna Osborne requested approval of a $621,168 contract renewal with the Department of Information Resources for State Data Center services. Vice Chair Holt moved approval and Commissioner Wong seconded. Motion passed unanimously.
Ms. Osborne requested approval of a contract renewal with the agency’s educational partner for TexQuest databases, Education Service Center Region 20, in the amount of $289,818.52. Commissioner Mann moved approval and Vice Chair Holt seconded. Motion passed unanimously.
Ms. Osborne requested approval of a contract renewal for estimated facilities management and maintenance for the agency’s facilities on Shoal Creek Boulevard with the Texas Facilities Commission for $375,000. Commissioner Wong moved approval and Commissioner Garza seconded. Motion passed unanimously.
Ms. Osborne requested approval of a contract renewal for $65,995 with Spacesaver Systems for the support and maintenance of the TexLinx System. Commissioner Givens moved approval and Commissioner Wong seconded. Motion passed unanimously.
Ms. Osborne requested approval of a $9,000 contract renewal with WT Cox Information Services. Commissioner Mann moved approval and Commissioner Wong seconded. Motion passed unanimously.
Ms. Osborne requested approval of a contract with TSLAC for storage costs at the State Records Center in the amount of $150,000. Vice Chair Holt moved approval and Commissioner Tocker seconded. Motion passed unanimously.
Ms. Osborne requested approval of a contract renewal with Catapult Systems for technical support of the Grants Management Systems in the amount of $49,850. Commissioner Givens moved approval and Commissioner Mann seconded. Motion passed unanimously.
Ms. Osborne requested approval of a contract for $25,000 with WorkQuest for mowing at the Sam Houston Center in Liberty. Commissioner Mann moved and Commissioner Wong seconded. Motion passed unanimously.
Ms. Osborne requested approval of a contract for $9,000 with WorkQuest for annual records destruction services. Vice Chair Holt moved approval and Commissioner Wong seconded. Motion passed unanimously.
Ms. Osborne requested approval of a contract renewal with SIRSI Corporation which provides the electronic catalog system used by TSLAC for $76,875.63. Commissioner Wong moved approval and Commissioner Tocker seconded. Motion passed unanimously.
Ms. Osborne requested approval of a contract renewal with Data Management in the amount of $51,812 for annual subscription and hosting services for the Talking Book Program’s automated system. Commissioner Tocker moved approval and Commissioner Wong seconded. Motion passed unanimously.
Ms. Osborne requested approval of the annual subscription renewal for $81,066 with Enfold Systems which provides library websites for small rural libraries. Commissioner Tocker moved approval and Commissioner Mann seconded. Vice Chair Holt asked staff to include funding sources for all future contract approval requests. Motion passed unanimously.
Ms. Osborne requested approval to renew a contract with ProQuest to provide online access/hosting for databases owned by TSLAC for $29,449. The databases include the historic Sanborn Maps, 20th Century American Poetry and 20th Century English Poetry. Commissioner Garza moved approval and Commissioner Mann seconded. Motion passed unanimously.
Ms. Osborne requested approval to renew a $10,000 contract with Rupert and Associates for services in preparing the agency’s Annual Financial Report. Commissioner Mann moved approval and Commissioner Tocker seconded. Motion passed unanimously.
Ms. Osborne requested approval to renew a contract for $296,560 with Weaver and Tidwell for three years to implement the agency’s three-year audit plan. Commissioner Tocker moved approval and Commissioner Wong seconded. Motion passed unanimously.
Jennifer Peters approval of the Amigos/TExpress contract not to exceed $259,946.20 for FY2020 for the courier service to provide pick-up and delivery of interlibrary loan and other library materials between participating libraries. Vice Chair Holt moved approval and Commissioner Mann seconded. Motion passed unanimously.
Ms. Peters requested approval of a contract renewal with Carson Block Consulting for $38,976 for FY2020. The company provides the agency’s Library Technology Academy for librarians at smaller libraries. Commissioner Tocker moved approval and Commissioner Mann seconded. Motion passed unanimously.
Ms. Peters requested approval for a two-year contract renewal with Tel Logic DBA E-rate Central for $428,000 for FY2020. The company provides support to Texas libraries navigating the E-rate application process. Commissioner Tocker moved and Vice Chair Holt seconded. Motion passed unanimously.
Ms. Peters requested approval for a new two-year contract with DPLA Cultural Services, LLC, for E-book content, not to exceed $2,000,000. The e-books purchased through the DPLA Exchange are compatible with the SimplyE e-book application. Commissioner Mann moved approval and Commissioner Tocker seconded. Ms. Peters introduced Miranda Robbins who serves on the working group that has created a collection development policy to guide the e-book selection. Chairman Waters thanked Ms. Robbins for her many hours of service on the project. Responding to a question from Commissioner Givens, Mark Smith explained that e-book pricing is a current hot topic among libraries since certain publishers are making access to e-books expensive and limited. He noted that Macmillan released new pricing for e-books a few days ago that is alarming to libraries because it is so unfavorable to libraries. The library community has been very vocal about the situation with library associations and the Chief Officers of State Library Agencies all making statements opposing the policy. He said it is a very difficult situation for libraries and that TSLAC is watching it closely and looking for content that gives libraries better terms and keeps this in mind as the agency tries to get the best deal for the state of Texas. Motion passed unanimously.
Ms. Peters requested approval to renew a contract with OCLC WorldCat Navigator for the statewide interlibrary loan program for FY2020 not to exceed $2,295,791.73. Commissioner Tocker moved approval and Commissioner Mann seconded. Motion passed unanimously.
Chairman Waters recessed the meeting for at break at 10:00 a.m. and called the meeting back to order at 10:12 a.m. and took up Agenda Item 11.
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Report on plans to implement provisions required from 86th Legislative Session.
Mark Smith provided a written report on the status of projects being implemented as a result of the 86th Legislature noting that two items included in the agency budget were a surprise to staff. These are for two new library grants, one at the Arlington Public Library for $750,000 and the other for $1.9 million to fund library construction projects in Hidalgo County. No action required.
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Report of the Archives and Records Committee.
Vice Chair Holt reported that the Archives and Records Committee met August 2, 2019 and considered changes to the local government retention schedule EL (Records of Elections and Voter Registration) as recommended by staff. Craig Kelso said the changes in the schedule resulted from statutory changes adopted in the 85th and 86th Legislative Sessions. Erica Wilson-Lang said the most significant change is repeal of the six-month retention period for election records involving non-federal office. The Election Code now mandates a 22-month retention period after election day for those records, she said.
Vice Chair Holt said the committee also discussed priorities for expending a $1 million allocation appropriated by the 86th Legislature for the Sam Houston Center in Liberty as well as agreements the agency has with vendors that digitize archival material. He said the committee directed staff to continue investigating options to ensure that Texas receives the highest possible value in return for the use of state resources.
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Discussion of 2020-2021 proposal for maintenance and safety upgrades at the Sam Houston Center.
Jelain Chubb requested approval for priority projects at the Sam Houston Center based on the Archives and Records Committee discussion and recommendations as follows:
1. Engineer/architect services for phase two - $300,000
2. Daniel Home elevator shaft code repairs - $100,000
3. Implementation of HVAC assessment and design - $150,000
4. Repairs to Gillard-Duncan exterior - $140,556
5. Continued expansion of fire suppression in storage areas - $100,000
6. Complete recommended priority one repairs to historic buildings - $213,000If the first item can be reduced, the money saved will be used for other priority projects as approved by the committee, she said.Vice Chair Holt moved to approve the list and Commissioner Wong seconded. Motion passed unanimously.
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Discussion of TSLAC staff salary plan.
Mark Smith reported that through a combination of additional funding from the 86th Legislature and good budgeting by staff, the agency will be able to provide a salary increase for all staff. Chairman Waters said the commission is pleased that this can be done and wished it could be more. No action required.
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Report of the Director and Librarian.
Mark Smith provided a written report on agency activities and initiatives. No action required. -
Approval of annual FY 2020 competitive grant awards and amendments.
Jennifer Peters requested approval for Special Projects grants for libraries totaling $411,090, as follows:
Dallas Public Library - $75,000
Dickinson Public Library - $4,000
University of Texas at Arlington - $74,508
Frisco Public Library - $75,000
El Paso Public Library - $74,496
Texas Wesleyan University - $54,793
Arlington Public Library System - $53,293Commissioner Wong moved approval and Commissioner Mann seconded. Motion passed unanimously.
Ms. Peters requested approval for Library Cooperation Grants totaling $139,000, as follows:
Amigos Library Services - $75,000
Mammen Family Public Library - $64,000Vice Chair Holt moved approval and Commissioner Wong seconded. Motion passed unanimously.
Ms. Peters requested approval for Texas Reads Grants totaling $106,726, as follows:
Corpus Christi Public Libraries - $10,000
Dallas Public Library - $10,000
Midland County Public Library - $10,000
Tom Green County Library System - $9,543
McAllen Public Library - $6,000
Balch Spring Library- Learning Center - $6,725
Hondo Public Library - $1,950
Lancaster Veterans Memorial Library - $5,530
Arlington Public Library System - $4,978
The Library at Cedar Creek Lake - $4,500
Sachse Public Library - $10,000
Laredo Public Library - $7,500
Honey Grove Library & Learning Center - $10,000
Nueces County Keach Family Library - $10,000Commissioner Mann moved approval and Commissioner Wong seconded. Motion passed unanimously.
Ms. Peters requested approval for TexTreasures Grants totaling $307,510, as follows:
University of Texas at Arlington - $24,909
Texas A&M University Kingsville - $25,000
Denton Public Library - $24,820
University of North Texas - $24,914
Rosenberg Library - $24,896
Southern Methodist University - $25,000
University of Houston - $34,925
Harlingen Public Library - $24,990
Austin Film Festival - $35,000
Fort Worth Public Library - $25,000
Burleson Public Library - $24,820
Hill College - $13,236Vice Chair Holt and Commissioner Givens questioned the grant rules that allow a nonprofit to receive a grant. Mark Smith said the grant rules allow nonprofits to apply for a TexTreasures grant in partnership with a library and that not all of the grants allow that. He said the commission could in the future amend the rules to allow only libraries to receive grants. Commissioner Givens expressed concerns over the lack of smaller institutions receiving grants and said he would like the agency to pull up the smaller libraries. Director Smith said some small community libraries are effective at applying for grants and one strategy is to allow TSLAC to give more points to smaller libraries who have never applied for a grant. He noted, however, that smaller libraries may not have the capacity to implement this type of technical grant and that is why they typically do not apply for TexTreasures grants. Chairman Waters said it was a good discussion which will help staff in the future. Commissioner Tocker moved to approve the grants and Commissioner Wong seconded. Motion passed 6-1 with Commissioner Givens voting against.
Ms. Peters requested approval for one grant for the Regional Integrated Library System grant for FY2020 for the Abilene Library Consortium Regional Shared Integrated Library System in the amount of $74,664.00. Commissioner Mann moved approval and Commissioner Givens seconded. Motion passed unanimously.
Ms. Peters requested approval for FY2020 Library Grantmanship Academy Grants totaling $195,593 as follows:
Andrews County Library - $25,000
Canyon Area Library - $24,950
Centennial Memorial Library - $24,999
Cleburne Public Library - $25,000
Elgin Public Library - $24,724
McCulloch County Library - $25,000
New Waverly Public Library - $24,766
Van Alstyne Public Library - $21,154Commissioner Givens moved approval and Vice Chair Holt seconded. Motion passed unanimously.
Ms. Peters requested approval to extend expiration date and other administrative terms to the FY18 and FY19 Family Place cohorts with no additional cost to the agency. Commissioner Tocker moved approval and Commissioner Wong seconded. Motion passed unanimously.
Ms. Peters requested approval of $750,000 in funding for a Library Innovation Zone Grant at the East Arlington Recreation Center which will serve as a hub for innovation and digital inclusion for area residents. Commissioner Wong moved approval and Commissioner Mann seconded. Motion passed unanimously.
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Approval of appointment to the Library System Act Advisory Board.
Jennifer Peters requested appointment of Ida Gonzalez-Garza to the Library System Act Advisory Board. Ms. Garza has more than 12 years’ experience as the Nueces County Keach Family Library Director.
Commissioner Mann moved approval and Commissioner Wong seconded. Motion passed unanimously.
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Approval of appointments to the TexShare Advisory Board.
Jennifer Peters requested appointment of the following individuals to the TexShare Advisory Board:
• Dan Burgard, University of North Texas Health Science Center, Fort Worth
• Kate Horan, McAllen Public Library
• Shawna Kennedy-Witthar, West Texas A&M University
Commissioner Garza moved approval and Commissioner Tocker seconded. Motion passed unanimously. -
Authorization to post in the Texas Register proposed amendments to 13 TAC 2.111, General Selection Criteria; 13 TAC 2.117, Grant Review and Award Process; and 13 TAC 2.11, Decision Making Process.
Jennifer Peters requested approval to post proposed amendments to 13 TAC 2.111, General Selection Criteria, 13 TAC 2.117, Grant Review and Award Process, and 13 TAC 2.11, Decision Making Process, to the Texas Register. Commissioner Givens moved approval and Commissioner Wong seconded. Motion passed unanimously.
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Authorization to post in the Texas Register proposed amendments to 13 TAC 7.125 (a)(10), Local Schedule EL: Records of Elections and Voter Registration.
Craig Kelso requested approval to post proposed amendments to 13 TAC 7.125(a)(1), Local Schedule EL: Records of Elections and Voter Registration. Vice Chair Holt moved approval and Commissioner Garza seconded. Motion passed unanimously.
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Future commission meeting dates
Mark Smith reviewed future commission dates for 2020 as follows: February 20-21, 2020, April 17, 2020 and June 5, 2020. At the Chairman’s request, the commission postponed setting an August date until a future meeting.
At 12:07 p.m. Chairman Waters recessed the meeting for lunch and reconvened at 12:45 p.m.
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Report on agency expenditures summary.
Donna Osborne provided a written report on agency expenditures and answered questions regarding the report. No action required
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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.
At 12:41 p.m. Chairman Waters announced that the commission would go into Executive Session as authorized under the Texas Open Meetings Act, Government Code, Chapter 551 to discuss personnel matters concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee with regard to the Director and Librarian.
The closed session ended at 1:00 p.m. and at 1:01 p.m. the commission reconvened in open session. Chairman Waters announced that no action was taken in the closed session.
Chairman Waters moved to increase Mark Smith’s salary from $143,500 to $148,197 annually. Vice Chair Holt Seconded. Motion passed unanimously.
Chairman Waters took up Agenda Item 5.
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Internal Audit follow-up, risk assessment, audit plan, and grants management audit.
Dan Graves provided an update on internal audit activities. Chairman Waters said to do justice to the internal audit report he would like the commission’s Audit Committee chaired by Commissioner Givens to meet and consider the audit findings. The committee set September 6, 2019 at 10:30 a.m. as the meeting date. Commissioner Wong moved that the commission delegate authority to the Audit Committee to set scheduling of the audit plan to move forward for the first year. Commissioner Mann seconded. Motion passed unanimously.
There being no further business, Chairman Waters adjourned the meeting at 1:14 p.m.