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BOA agenda 081318
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BOA agenda 081318
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8/29/2018 11:00:07 AM
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BOCC
Date
8/13/2018
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Regular Meeting
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Agenda
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Page 6 of 11 <br />sales tax exemption certificate. The certificate was issued to KaraBrewer and the property owner was Southeast 1 <br />Property Group,now Wild Flora FarmLLC.Those are not all the same person.2 <br /> 3 <br />Andy Peteschanswered the certificate is issued to Wild Flora Farm. The card itself is issued to Wild Flora Farm.The 4 <br />addressee is Kara Brewer onthe letter to which the card isattached. 5 <br /> 6 <br />Randy Herman said the card does not have the LLCafter Wild Flora Farm. How is the Board of Adjustment toknow that 7 <br />is the same entity or person?8 <br /> 9 <br />Andy Petesch answered that would be a matter that this board would have to decide at a hearing on that issue. 10 <br />11 <br />Randy Herman asked LeAnnBrownwhether this board had a specific finding that herclients have standing, as they 12 <br />would be required to have standing to request the subpoenas.13 <br />14 <br />LeAnn Brown said there was detailed testimonyin one of the earlier hearings from each of her sixclients. And the 15 <br />board made the finding of fact that the individuals have standing. She said Andy Peteschmade an appeal to Superior 16 <br />Court on that finding. She can certainly spend a couple of hours putting these people on the standto establish these 17 <br />people having standing. There have been at least four appeals involving this case. She asked that the board make 18 <br />judicial notice that her clients have standing and note Andy Petesch’s objection and move forward to keep this hearing 19 <br />brief. 20 <br />21 <br />Randy Herman said to LeAnn Brown, on the elementsof granting the subpoenarequest,sheaddressedrelevance, but 22 <br />there is also the requirements that the request be reasonablein scope and not oppressive.He asked her to speak 23 <br />briefly on those requirements.24 <br />25 <br />LeAnn Brown said what we have asked for from the individuals is thatif therewerematerials submitted to the 26 <br />Departmentof Revenue,which she thinks would exist in a fairly easy way to reproduce, that her partybe allowed to see 27 <br />them so that theycan understand to whom that certificate was issuedand whether it was the kind of certificate it needs 28 <br />to be.An argument about what you can look behind is an argument for the hearing in chief, she said.The dates for 29 <br />these entities do notmatch the date of the certificate. Wild Flora Farmdid not existwhen the certificate was issued, for30 <br />example; therefore, she thinks it was unlikely that the certificate was issued to that entity.She said as far as the legal 31 <br />relationship between Chris and KaraBrewer, the Brewerscan put down husband and wife, no big deal. She thinks it is 32 <br />appropriate for her partyto askforthis information. She said she does not think it is oppressive to ask for this 33 <br />information. In order to use this farm exemption, she thinks the property owner has to indicate a willingness to provide 34 <br />this informationin order for others to support that the property owner is entitled to this exemption.She said her party 35 <br />hasnot intended to look for deep, dark secrets. She reviewed that her party hasasked for information submitted to the 36 <br />North Carolina Department of Revenueand OrangeCountyregarding eligibility and compliance under these statutory 37 <br />provisions, as well as the relationship. She wants to know, for example, whether the entities were merged. She said 38 <br />Andy Petesch has argued to Orange County and to this boardthat somehow this is all the same thing. She does not39 <br />think it isoppressive or unreasonable to submit to this boardthe packet submitted to obtain the certificate. She said the 40 <br />argument that Michael Harvey has all of this information is incorrect. The agenda packet includes what Michael Harvey 41 <br />has. 42 <br />43 <br />Randy Herman said the board has documentation of the merger showing that Wild Flora Farm LLC andSoutheast 44 <br />Property Group LLChavemerged andSPG was previously operating under the assumed name Wild Flora Farm, so 45 <br />even if there was an issue about the identity at the time that the letter was issued, it seems to himthat it is possible that 46 <br />the issue would be moot at this point because the identities have all merged. He asked if LeAnn Brown would like to 47 <br />address that. 48 <br />49 <br />99
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