Orange County NC Website
particular project. So a market would want to be visible. A community garden would want to engage people 1 <br />as they walked past. Stuff like that. 2 <br /> 3 <br />Andy Petesch: At this time I’d like to ask the Board to recognize Mr. White as an expert in food system 4 <br />policy. 5 <br /> 6 <br />LeAnne Brown: I’m going to object at this point for the record. The standard for the acceptance of an expert 7 <br />is two fold. One, you have a peculiar expertise and two, does it have some relevance to a decision that’s 8 <br />going to be made by the trier of fact, which is you, such that the testimony for you to form your opinion and 9 <br />I’m struggling with how this testimony may have relevance to this issue you are here to decide. Which is 10 <br />whether the wedding use to this property is incidental to the farm. So I’m not understanding the purpose of 11 <br />the witness. 12 <br /> 13 <br />Andy Petesch: The purpose of the witness is… The issue before this Board is what the use is, non-farm or 14 <br />bona fide farm purpose. That’s what the decision was made. The statute says if you’re doing agritourism 15 <br />then you’re doing bona fide farm purposes then you are exempt from all zoning regulations in the county 16 <br />and Mr. White is an expert in both education and his work and training in analyzing food system policy, 17 <br />especially with experience in Orange County specifically, so that’s the purpose of this highly relevant, 18 <br />couldn’t be more relevant, to the issue that this Board is facing tonight. And his testimony can be very 19 <br />beneficial in the Board making its determination with respect to affirming Mr. Harvey’s decision. Mr. White 20 <br />could you tell the Board about your work in this region, in this County? 21 <br /> 22 <br />Erin White: Sure. I’ve been working with the conservation trust in North Carolina on a farmland protection 23 <br />plan for the Triangle region. It’s in final draft stages now. It’s getting reviewed by all of our stakeholders. 24 <br />And the plan has studied Chatham, Orange, Durham, Wake, and Johnston Counties through GIS analysis 25 <br />expert interviews, focus groups, developing a strategy to bring a comprehensive farm land protection effort 26 <br />that could be coordinated at the regional level that draws on County level wisdom, local knowledge, local 27 <br />farm conditions and especially on each County’s existing farm land protection plans. Which is a fairly well 28 <br />organized body of knowledge about how each County approaches agricultural preservation issues. 29 <br /> 30 <br />Andy Petesch: So I would again call for Mr. White as an expert in farm system policy. 31 <br /> 32 <br />LeAnne Brown: I remove my objection and it’s your decision. 33 <br /> 34 <br />Barry Katz: We have to make a decision about whether he’s an expert? I don’t understand this. And also 35 <br />what is the relevance… are you going to get to what the relevance of all of this is? 36 <br /> 37 <br />Andy Petesch: He will testify as to Orange County state policy with respect to exact issues that are before 38 <br />this Board in terms of the role of agritourism and the activities that are planned for this farm and whether 39 <br />that would fit within the statutory definition of agritourism, which would make this exempt. 40 <br /> 41 <br />LeAnne Brown: Well, I have an additional objection which is this: If he’s going to testify about what 42 <br />agritourism means and whether this is agritourism then that evidence would be inadmissible because that’s 43 <br />the ultimate decision for this Board to decide and you’re not allowed to receive expert testimony on the 44 <br />ultimate issue for which you’re about to decide. So if that’s the purpose of his testimony that’s my additional 45 <br />objection. 46 <br /> 47 <br />Karen Barrows: What do you think James? 48 <br />67