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in/sign-out practices instituted within the City for conditional use permits processed for <br />similar uses and for children's safety. <br />In response to an inquiry by Commissioner Olson regarding whether the State defined <br />"school-age," Ms. Decker replied that it referred to children in the K-12 age range. <br />In response to an inquiry by Chair Blank regarding whether a 14-passenger van required <br />special licensing, Ms. Amos replied that it did not. <br />Chair Blank and Commissioners Pearce, Olson, and Narum disclosed that they <br />individually met with Mr. Pfund at his facility. <br />Commissioner Fox disclosed that she met with Mr. Pfund and his mother and that a <br />PUSD teacher was present as well. <br />Commissioner O'Connor disclosed that he spoke with Mr. Pfund but did not meet him at <br />the facility. <br />THE PUBLIC HEARING WAS OPENED. <br />John Pfund, applicant, asked a procedural question if he would be able to respond to <br />questions that were asked after his presentation. <br />Chair Blank replied that after the public testimony, Mr. Pfund would have the <br />opportunity to respond to the testimonies. <br />Mr. Pfund then presented a number of exhibits and stated that according to his Exhibit 1, <br />he was exempt from child-care licensure. The document stated that if the facility did not <br />provide care and supervision to children, it was not subject to licensure. He stated that he <br />did not provide care and supervision to children, that he has never said to any person that <br />his program is a daycare, or that he had represented his facility as a daycare facility. <br />Mr. Pfund indicated that the reason he does not provide care and supervision is because <br />his waiver states that he is not responsible for supervision and care of children. He stated <br />that he taught the values and physical skills of martial arts. He stated that the parents <br />signed a waiver (Exhibit 2) which stated that he did not provide care and supervision to <br />children and that signing the waiver was necessary in order to participate in his martial <br />arts school. The waiver further stated that the parents acknowledged that "the Tri-Valley <br />Martial Arts Center was not responsible for the supervision and care of my children." He <br />presented a letter from Barbara Bobincheck, the DSS Licensing Program Manager, which <br />stated that based on the information provided and an investigation conducted in 2003, the <br />program did not provide care and supervision to children because the parents signed the <br />waiver. Ms. Bobincheck further wrote that she understood the intent was to teach martial <br />arts and that he did not need a State child-care license. <br />PLANNING COMMISSION MINUTES, February 13, 2008 Page 21 of 42 <br />