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APPROVED JULY 9, 2018 195 to not sign as she could have done as vice chair. She summed up her argument by saying that it would be 196 error indeed for the Board of Adjustment to refuse to issue the subpoenas because it would render her 197 party unable to present a case to the board or to make an offer of proof to this board. if the board refuses, a 198 higher court would likely say let's see what an offer of proof would have been, she said. She asked that the 199 board issue the subpoenas and that the subpoenas require that the information be submitted before the 200 next hearing and that the persons listed are present to answer questions. 201 202 Andy Petesch,of the Wake County Bar, addressed the board and said he was here on behalf of Kara 203 Brewer and the actual property owner now, which is Wild Flora Farm LLC. He said there was a merger 204 between Wild Flora Farm LLC and Southeast Property Group in February of this year. He passed out 205 documents with that information. 206 207 Randy Herman asked if LeAnn Brown had been provided a copy. 208 209 LeAnn Brown answered she was receiving that information just now. 210 211 Andy Petesch gave documentation to the board and offered it into the record and clarified that now Wild 212 Flora Farm LLC owns the property, 213 214 Andy Petesch said this is not a complicated decision, There is not a need for this potentially vast amount of 215 documents that are being requested. The letter submitted on October 12, 2017, on behalf of SPG/Wild 216 Flora/Kara Brewer included the exemption certificate, which is located on Page 11 of the agenda packet; a 217 deed at the time,which was owned by SPG LLC/Southeast Property Group and now by operation of law 218 owned by Wild Flora Farm LLC; an annual report by SPG showing Kara Brewer as the loan member; and a 219 certificate of assumed name at the time while SPG and Wild Flora Farm were working on that merger, 220 (SPG operated under the pseudonym Wild Flora Farm). 221 222 Andy Petesch said what is agritourism and a bona fide farm was the subject of a lot of debate and was the 223 subject of several public hearings before this board.And as the Board of Adjustment has already heard, in 224 July 2017, the General Assembly tried to clarify that and they created a very straightforward compliance 225 under the statute for a bona fide farm to conduct agritourism in a structure or building on a farm under 226 N.C.G.S. 153(A)-340 (b) (2a), located at the end of the agenda packet. This statute describes agritourism, 227 which includes weddings and special events, and states that a building or structure used for agritourism is a 228 bona fide farm activity if the building or structure is located on property that is owned by a person who holds 229 a qualifying sales tax exemption certificate. The same person or entity who owns the certificate also needs 230 to own the property. In some cases that may be a straightforward Joe Smith owns a property and holds a 231 certificate, but many farms have different entities for different aspects of their operations. That's where 232 Southeast Property Group, Wild Flora Farm, Kara Brewer had to resolve some of those inconsistencies. 233 That has been brought into alignment and those documents have been presented to Michael Harvey, 234 That's all there is to this case, Andy Petesch said. As this point, Wild Flora Farm and Kara Brewer hold the 235 certificate. Wild Flora Farm owns the property. There is no need to go into all these other document 236 requests, which is burdensome. 237 238 Andy Petesch said LeAnn Brown focused on"relevant' under the requirement of N.C.G.S, §1 60A-388(g), 239 but"reasonable in nature and scope" is also part of the requirement. Requesting to g❑ behind these 240 documents to look at personal, confidential financial information, tax records, and wanting to dig through 241 that looking for some issue to continue the fight against this property is an overreach at this point, he said, 242 Michael Harvey had those documents and this board has all the powers that he has. This board needs to 243 stand in his shoes and look at all this information fresh and determine whether this meets the statute. This 5