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Page 5 of 11 Andy Peteschsaid this is not a complicated decision. There is not a need for this potentially vast amount of documents 1 that are being requested. The letter submitted on October 12, 2017, on behalf of SPG/Wild Flora/Kara Brewer included 2 the exemption certificate, which is located on Page 11 of the agenda packet;a deed at the time, which was owned by 3 SPG LLC/Southeast Property Group and now by operation of law owned by Wild Flora Farm LLC; an annual report by 4 SPG showing KaraBrewer as the loan member; and a certificate of assumed name at the timewhile SPG and Wild 5 Flora Farm were working on that merger, (SPG operatedunder the pseudonym Wild Flora Farm).6 7 Andy Petesch said what is agritourismand abonafide farm was the subject of a lot of debate and was the subject of 8 several public hearingsbefore this board.And as the Board of Adjustment has already heard, in July 2017, the General 9 Assembly tried to clarify that and they created a very straightforward compliance under the statute for a bona fide farm 10 to conduct agritourism in a structure or building on a farm under N.C.G.S. 153(A)-340(b) (2a), located at the end of the 11 agenda packet. This statute describes agritourism, which includes weddings and special events, and states that a 12 building or structure used for agritourism isa bonafide farm activity if the building or structure is located on property 13 that is owned by a person who holds a qualifyingsales tax exemption certificate. The same person or entity who owns 14 the certificate also needs to own the property. In some cases that may be a straightforward Joe Smithowns a property 15 and holds a certificate, but many farms havedifferent entitiesfor different aspects of their operations. That’s where16 Southeast Property Group, Wild Flora Farm, KaraBrewerhad to resolve some of those inconsistencies.That has been 17 brought into alignment and those documents have been presented to MichaelHarvey. That’s all there is to this case,18 Andy Petesch said. As this point, Wild Flora Farm and KaraBrewer hold the certificate. Wild Flora Farm ownsthe 19 property. There is noneed to go into all these other document requests, which is burdensome.20 21 Andy Petesch said LeAnn Brown focused on “relevant” underthe requirement ofN.C.G.S. §160A-388(g), but 22 “reasonable in nature and scope” is also part of the requirement. Requesting to go behind these documents to look at 23 personal, confidential financialinformation, tax records, and wantingto dig through that looking for some issue to 24 continue the fight against this property isan overreach at this point, he said.MichaelHarvey had those documentsand 25 this board hasall the powers that he has. This board needs tostand in hisshoes andlook at all this information fresh 26 and determine whether this meets the statute. This board can look at the statute and reverse Michael Harvey’s 27 decision. This board does not need to look at the legal relationship betweenKaraBrewerand her husband. That’s 28 invasive, burdensome and oppressive. That’s why this subpoena request should be denied. There is a list of entities in 29 the subpoena request that have not even been involved. KB Designs, for example, hasn’t been brought up at any point 30 in theseproceedings. So, in closing, this board’s authority is to review the decisions that the planning staff make with 31 respectto enforcing the UDO and specificstatutory guidance that informs that. To start looking at what the Department 32 of Revenue is doing and whether they made the right decisionis completely outside the scope of this board’s authority 33 and would be an abuse of discretion. He asked that they uphold the denial of the request. 34 35 Leann Brown asked for a rebuttal. Karen Barrows said the board did not plan to entertainrebuttals.36 37 Andy Peteschobjected to rebuttals, noting each party had 10minutes, which LeAnn Brown had used. 38 39 LeAnn Brown said she wanted to note that Andy Petesch had misspoken and the date on the document he submitted to 40 the board was February 19, 2018. 41 42 Karen Barrows asked if board members have questions. 43 44 Randy Herman asked Andy Peteschwhether he agrees with LeAnnBrown that this board had found that the45 challengers have standing. Andy Petesch said he objects to any finding of standing in this case as he has objected to it 46 at previous hearings.47 48 Randy Herman said specifically N.C.G.S. 153(A)-340 (b) (2a), the agritourism provision, it states under Subsection 1,49 that the building is a bonafide farm purpose if it is located on property owned by a person who holds a qualified farmer 50 98