Meeting Minutes September 8, 2023

Yavapai County Educational Technology Consortium (YCETC)
Board of Directors Meeting Minutes

Friday, September 8, 2023 – 10am

YCESA – training room – Zoom
2970 Centerpointe E Dr, Prescott 86301

Board Members and the Public May Attend via zoom

Also present were:  Frank Vander Horst – YCESA e-Rate, Jenn Nelson – YCESA, Gary Cummins – Bagdad USD

Call to Order (President Epperson)

President Epperson called the meeting to order at 10am. 

Welcome and Establishment of Quorum (President Epperson)

A quorum was established.

Pledge of Allegiance (President Epperson)

Limited Call to the Public

• The public is invited to speak about any agenda items
• There is a limit of three (3) minutes per speaker and 20 minutes total
• Request to speak must be in writing and provided to the Clerk at the beginning of the meeting or prior to any agenda item
• The President has absolute direction over procedural matters
• The board may waive their “Public Participation Policy” as it applies to all speakers
• Members of the public may indicate their support or opposition to a topic, in writing that will be noted and entered into the record
• The board may not respond to comments from the public but may ask the facilitator to respond or place the item on a future agenda

There was no limited calls from the public

Discussion and Action Items of the Consent Agenda: All items on the consent agenda may be adopted as a whole with one motion, unless a member of the Board wishes to consider it separately

1. Approval of the Meeting Minutes of July 10, 2023
2. Approval of the Meeting Agenda for September 8, 2023

John Morgan made a motion to approve the consent agenda as presented; Corey Christians seconded the motion; it was approved unanimously 7/0 by Larry Fullmer, Kathy Epperson, Corey Christians, Mike Westcott, Marvy McNeese, John Morgan and Bill Sakelarios

Presentation, Discussion Action Item: The New Signers Have Been Added to the Account with One AZ Credit Union. The Treasurer’s Report will be Provided at the Next Board Meeting. (Treasurer Morgan)

Jessica Vocca joined the meeting. Mr. Carter advised the board he will meet with John regarding what is expected to be presented to the board for the treasurer’s report.

Presentation, Discussion: Technology Related Discussion with the Arizona Department of Education. Shelby Browne Presenting.

Presentation, Discussion Action Item: Discuss and Direction Regarding the Following: 

• After YCETC Board awarded Sparklight with 37 in response to the first RFP for YCETC Broadband Services, Sparklight came to the realization that their Pricing was not competitive in the marketplace, and significantly reduced their pricing (~40% at some speeds/terms)
• If Lumen had responded to the 1st RFP, this would have become apparent at that time.
• The Board voted to approach Sparklight regarding their new, lower pricing, and request their consideration in lowering their pricing to the consortium?
• YCETC is one of Sparklight’s largest customers, and customers with a much smaller purchase are enjoying much lower pricing
• Sparklight did not address our concern, and in fact made several inaccurate remarks
• Mr. Vander Horst and President Epperson have drafted a Letter of Response that will go to Sparklight under the President’s signature, to correct the inaccurate information and request lower pricing
• Sparklight responded back to YCETC, and basically dismissed our concerns. A copy of the letter is attached. 

The board discussed that Sparklight has not addressed their concerns of having lower pricing for the statewide market but not providing that same lower pricing for YCETC. The board discussed the definition of a “market” according to E-Rate which it does not specify. The board discussed pursing legal action against the vendor Sparklight in order to receive fair market value of services. After much discussion, the board found that there are no termination clauses in the 3 year contract, however, Sparklight has provided lower pricing after the contract was awarded. Frank advised the board E-Rate does not allow contracts to be terminated unless due to non-performance, but the legal grounds is that there is a provision called lower corresponding price, where vendors must offer everyone withing a certain market area the same rate/price. The board agreed to direct Frank as their consultant, to file 470s for Chino Valley, PACE Academy and Cottonwood Oak-Creek as individual districts instead of with the YCETC consortium to see what market pricing will be received. Frank advised the board that he has 6 other 470s that are needing to be filed through the consortium, so this should give the board an idea of pricing per individual district and through the consortium. The board believes the data from this will build a strong foundation for a demand letter from legal counsel. The board agreed that a demand letter is sufficient for now to see where Sparklight stands. If the board needs to pursue legal action further, they will need to consult with the FFMA board. Mr. Carter advised that he will speak with the FFMA board and make them aware of situation. The board agreed to have legal draft a demand letter regardless of the outcome of the 470 data.
Corey Christians made a motion to direct Frank to file 3 additional 470s as individual districts for PACE Academy, Cottonwood Oak-Creek ESD and Chino Valley USD and direct legal counsel to draft a demand letter using this data if it is a positive influence, if the data is not positive legal counsel will be directed to draft a demand letter regarding lower corresponding price; Larry Fullmer seconded the motion; it was approved unanimously 8/0 by Larry Fullmer, Kathy Epperson, Corey Christians, Mike Westcott, Marvy McNeese, Jessica Vocca, John Morgan and Bill Sakelarios.

Discussion and Action Item: The following Meeting Dates have been established by the board. The board may add future meeting dates

• December 8, 2023 10am – Annual Meeting 
• March 1, 2024 10am 
• June 14, 2024 10am 
• September 13, 2024 10am 
• December 13, 2024 10am 

Action Item: Adjournment

Meeting was adjourned at 10:55 am