February 14, 2013

Mr. Couch

made a motion to nominate Richard Gardner as Vice-Chair; seconded by Mr. Gren; 4 yeas.

Mr. Gardner

made a motion to approve; seconded by Mr. Gren.

Mrs. Merlino

advised items 9k, 9m and 9n had been withdrawn.

Mr. Gardner

made a motion to approve the agenda for the meeting of February 14, 2013, removing items 9e, 9g, 9k, 9m, and 9n; seconded by Mr. Gren; 4 yeas. © O Date February 14, 2013

Mrs. Kaminski

asked how the minutes should be approved when only two members of the previous Board were present today. Mr. Sutton advised there was no requirement to approve the minutes. Since there was no quorum the Board could just move on.

Mr. Sutton

advised that he had mistakenly informed the Board last year that the Chair could not make motions without relinquishing the Chair. He had since learned that only applied to the Board of County Commissioners and advised Mrs. Kaminski she could make as many motions as she liked as there were no restrictions.

Mr. Gardner

made a motion to approve the exhibits; seconded by Mr. Gren; 4 yeas. Brenda Baker, Nye County Appraiser Il, explained the subject parcel was a 20-acre multi-residential property with three mobile homes located approximately 22 miles north of Carvers in Big Smoky Valley. She described the three mobile homes on the property as well as additional improvemenis that were present. Due to the location of the parcel, there were no improved comparable sales. All of the improvements were valued as replacement cost new less depreciation as required by NRS 361.227 using the Marshall & Swift valuation manual. Since the improvements were owner constructed, the low © C) Date February 14, 2013 9B. DENNIS P. AND LAMONDA K. ELLINGS APN 010-261-07-Cont’d. quality per square foot value was used. It was the recommendation of the Assessor's Office to uphold the taxable value established of $144,177.

Mr. Ellings

stated his property was two miles off of Highway 376 on a forest access road, not a County road. He had no water, it was not agricultural, and he did not see where it was comparable to any of the properties that were listed, one of which was the Truckee River Ranch. He said there was no way that his land was worth more today than it was when he bought it. Mr. Ellings expected his taxes to go up if he made an improvement on his property, but he said they had never gone up 95% at one time before, which told him the most recent addition to his son’s mobile home was worth 95% as much of the rest of the property, including the other improvements. This was unrealistic to him. He also noted most of the improvements were built with salvage material, which could be seen in the pictures he provided.

Mrs. Baker

stated she re-evaluated the entire outside north area of the County this year using ranch sales as she did not have many individual sales, but breaking down just bare land she thought she came up with the fairest values in the northern part of the County.

Mr. Ellings

said in any place where he has had land or had big property taxes there was always that word “comparable” and he wanted someone to explain to him how his 20 acres could be compared to $3 million and $5 million commercial ranches.

Mrs. Kaminski

explained land was land and while someone next door to him may have a large ranch with quite a bit more acreage, it was still adjacent land and it was not something that depreciated.

Mr. Ellings

noted agricultural land was being compared to private land and that was not comparable and that in California it would be illegal to make that comparison.

Mrs. Kaminski

said a lot of times land became agricultural land once it had been cleared, but agricultural land was not always that when it was purchased.

Mr. Ellings

said his property was at the base of Toiyabe Peak and most of the comparables were on the valley floor.

Mr. Couch

asked Mr. Eilings if the land was vacant at the time he purchased it. Mr. Ellings said there was a 26’ camp trailer with a 10° x 20’ addition. He eventually got electricity on the property and the rest of the improvements they did themselves over the years.

Mr. Gardner

asked when the shop was built. Mr. Ellings said in 1998. Date February 14, 2013 9B. DENNIS P. AND LAMONDA K. ELLINGS APN 010-261-07-Cont’d.

Mr. Gardner

asked if it had a concrete floor. Mr. Ellings said it did, but he was not questioning any of the older buildings or improvemenis, although his taxes did not increase 95% by putting up the shop, the mobile and adding on to the mobile. What he did not understand was why another addition to another mobile made now was worth 95% of the value of everything else on the property, including the property.

Mrs. Kaminski

asked when the previous assessment was done. Mrs. Baker said 2007.

Mrs. Kaminski

asked if everything was just re-evaluated in 2012. Mrs. Baker said yes.

Mrs. Kaminski

asked Mr. Ellings if he had been steadily working and improving the property with the facilities there. Mr. Ellings said he had.

Mr. Sutton

clarified the role of the Board of Equalization. He said the role of the Assessor's Office was to assess property and provide notice of that assessment to the taxpayers. Anyone who disagreed with that assessment had the right to petition this Board to determine if that assessment was correct. At these hearings there was a presumption that the Assessor's assessment was correct and the petitioner had the burden of proof to prove otherwise. If the Board felt that burden had been met then they would change the valuation. If the Board did not feel that burden had been met then they would uphold that valuation.

Mr. Gardner

made a motion that the taxpayer had not presented sufficient evidence to indicate that the value established by the County Assessor was unjust or inequitable. The petition of Dennis and Lamonda Ellings was denied based upon the above Findings of Fact and Conclusions of Law. The Nye County Assessor was hereby instructed to certify the assessment roll of the County with the assessed valuation of $39,962: seconded by Mr. Couch; 3 yeas. Mr. Gren voted no.

Mrs. Kaminski

explained the appeal process to Mr. Ellings. 9A. FRED ALAEE APN 008-291-03 The Assessor's Office identified the property. The Clerk read the exhibits into the record. Mr, Gren made a motion accept the exhibits; seconded by Mr. Couch; 4 yeas. Brenda Baker, Nye County Appraiser Il, reviewed the comparables. Mrs. Baker stated the subject property was once used as a bowling center with a bar/lounge. The building had since been gutted and was currently being valued as a storage warehouse at a .5 quality with no interior finish. The comparables listed were good commercial sales located in Tonopah as all had simitar building usage to the subject but with significantly © @ Date February 14, 2013. 9A. FRED ALAEE APN 008-291-03-Cont’d. less acreage. The Assessor's Office noted the 25% size reduction was overlooked when calculating the fand value for this parcel, which had since been corrected and was reflected in the taxable/assessed values shown. It was the recommendation of the Assessor's Office to uphold the taxable value established of $137,291.

Mrs. Kaminski

noted the Petitioner was notified by certified mail of the time and place of the hearing and the Petitioner was not present. Shirley Matson, Nye County Assessor, said the statement on the Petitioner's Exhibit A that the County hired a specialist to look at his property was not true and Mrs. Baker did not say it was salvage property.

Mr. Gardner

asked how the Board was to proceed if the Petitioner was not present.

Mrs. Kaminski

said the burden of proof was on the taxpayer and since the taxpayer was not present the determination had to be made if the evidence that he had presented was sufficient. Mr. Sutton explained the taxpayer did not need to be present. They just needed to submit proof and then it was up to the Board to determine if that was sufficient to overturn the Assessor's valuation.

Mrs. Kaminski

noted the Petitioner listed the purchase price as gift, but the last time he approached the Board he said he had paid for it. She asked what had changed since he now showed it as a gift. Mr. Sutton said he did not know the answer to that.

Mrs. Kaminski

asked if this was the same owner. She was told yes. She asked if he had willed or given the property to anyone or anything like that. She was told no.

Mr. Gardner

made a motion that the taxpayer had not presented sufficient evidence to indicate that the value established by the County Assessor was unjust or inequitable. The petition of Fred Alaee was denied based upon the above Findings of Fact and Conclusions of Law. The Nye County Assessor was hereby instructed to certify the assessment roll of the County with an assessed value of $56,118.

Mr. Couch

clarified the assessed value should be $48,052 as the Assessor did reduce it somewhat.

Mr. Gardner

amended his motion to an assessed value of $48,052: seconded by Mr. Gren; 4 yeas. There was discussion on the proper wording of motions. 9C. GV LLC APN 044-292-19 The Petitioner was not present. O Oo Date February 14, 2013 9C. GV LLC APN 044-292-19-Cont’d. The Assessor's Office identified the property. The Clerk read the exhibits into the record.

Mr. Gardner

made a motion to approve the exhibits; seconded by Mr. Gren; 4 yeas.

Mrs. Kaminski

stated the Petitioner was notified by certified mail of the date and time of the proceedings. Marie Becht, Nye County Appraiser Il, reviewed the comparables. All improved sales differed from the subject in acreage, quality or age. All sales were given a 2% decrease for time adjustment showing an average adjusted sales price of $42 per square foot, which was more than the subject's taxable square foot of $40. Using the sales data, it was the recommendation of the Assessor's Office to uphold the taxable value of $44,731.

Mr. Gardner

made a motion that the taxpayer had not presented sufficient evidence to indicate that the value established by the County Assessor was unjust or inequitable. The petition of GV LLC was denied based upon the above Findings of Fact and Conclusions of Law. The Nye County Assessor was hereby instructed to certify the assessment roll of the County consistent with this decision; seconded by Mr. Gren; 4 yeas. 9D. GV LLC APN 045-031-05 The Petitioner was not present. The Assessor's Office identified the property. The Clerk read the exhibits into the record.

Mr. Gardner

made a motion to accept the exhibits; seconded by Mr. Gren; 4 yeas.

Mrs. Kaminski

stated the Petitioner was notified by certified mail of the date and time of the hearing. Julie Dudenski, Nye County Appraiser Il, reviewed the comparables. She stated all improved sale properties were similar in age, size and property use to the subject property. The exterior amenities varied from minimal to extensive. Based on the sales data, the average sales showed a square foot value of $25. It was the recommendation of the Assessor's Office to reduce the total taxable value of the subject property to $35,825 with the reduction applied to the improvement value, reducing it from $32,554 to $28,265. The land would remain the same at $7,560. Date February 14, 2013 9D. GV LLC APN 045-031-05-Cont’d.

Mrs. Kaminski

asked if the owner was notified of the reduction. Mrs. Dudenski said not yet.

Mr. Gren

made a motion that the evidence of market value of comparable properties as well as the subject's current utilization supported the value of the subject property as determined by the County Assessor and the valuation as of Equalization was the proper taxable value in accordance with NAS 361.227. The petition of GV LLC was denied based upon the above Findings of Fact and Conclusions of Law. The Nye County Assessor was hereby instructed to certify the assessment roll of the County consistent with this decision with an assessed value of $35,825.

Mr. Couch

clarified the assessed value would be $12,539.

Mr. Gardner

seconded the motion.

Mr. Couch

made a motion to accept the exhibits; seconded by Mr. Gren; 4 yeas.

Mrs. Kaminski

stated the Petitioner was notified by certified mail. Marie Becht, Nye County Appraiser Il, stated per NAC, three years of sales were used with a range of July 1, 2009 through June 30, 2072. All sales shown in the Assessor's exhibit had been given a 2% per month decrease for time adjustment. The sales showed a median taxable value of $2,700 and a median assessed value of $945, which was less than the subject value. It was the recommendation of the Assessor's Office to uphold the taxable value of $2,169.

Ms. Kaminski

corrected her statement about notification to the Petitioner. She said the notice was sent to the Petitioner via certified mail, but no response was received yet. C) C) Date February 14, 2013 9F. RINA GITELIS APN 043-193-15-Cont’d.

Mr. Gardner

asked if that meant they had not received it. Mr. Sutton advised that proof of receipt was not required. The notice just needed to be sent to the last known address.

Mr. Gardner

made a motion that the taxpayer had not presented sufficient evidence to indicate that the value established by the County Assessor was unjust or inequitable. The petition of Rina Gitelis was denied based upon the above Findings of Fact and Conclusions of Law. The Nye County Assessor was hereby instructed to certify the assessment roll of the County consistent with this decision with an assessed value of $759; seconded by Mr. Couch; 4 yeas.

Mr. Gardner

asked if it was necessary to note that there was no indication that the Petitioner received the notice. Mr. Sutton said it was not necessary and the statutory requirements for notice had been complied with.

Ms. Kaminski

commented the notice was sent to the address the Petitioner put on the petition. 9G. THOMAS MOLER APN 045-312-03 This petition was withdrawn prior to the hearing. 9H. CHM INVESTMENTS APN 036-381-03

Mr. Couch

made a motion to accept the exhibits; seconded by Mr. Gren; 4 yeas.

Mrs. Merlino

explained this was another property owner that the Clerk’s Office attempted to notify. The return receipt cards had not been received, but contact was attempted by email. Mrs. Kaminski stated the address on the petition was the same as on the certified mail receipt. Julie Dudenski, Nye County Appraiser II, reviewed the comparables. Both of the subject parcels were zoned general commercial, but were currently vacant. The @) C) Date February 14, 2013 9H. CHM INVESTMENTS APN 036-381-03-Cont’d. gl. CHM INVESTMENTS APN 036-381-26-Cont’d. Assessor's Office felt the land sales analyses easily supported their current taxable values of $57,877 for each parcel and recommended that value be upheld.

Mr. Gardner

made a motion that the taxpayer had not presented sufficient evidence to indicate that the values established by the County Assessor were unjust or inequitable. The petitions of CHM Investments were denied based upon the above Findings of Fact and Conclusions of Law. The Nye County Assessor was hereby instructed to certify the assessment roll of the County consistent with this decision with an assessed value of $20,257 for each parcel; seconded by Mr. Couch; 4 yeas. 9J. PAHRUMP HEALTHCARE LLC APN 027-331-19 The Petitioner was not present. The Assessor's Office identified the property. The Clerk read the exhibits into the record.

Mr. Gardner

made a motion to accept exhibits; seconded by Mr. Couch; 4 yeas.

Mrs. Kaminski

stated notice was sent to the Petitioner by certified mail to the address noted on the petition and it had been received. Julie Dudenski, Nye County Property Appraiser II, stated the subject property was located on the north end of the Valley on Blagg Road. It was a 48,436 square foot nursing home with 120 beds on five acres of land. The last reappraisal of the property was in 2008. All improvements were costed out of the State approved Marshall & Swift Costing Manuals, the appraisal data proof sheet, the Marshall & Swift Commercial Building Cost Estimator, the factor history document showing the factors, depreciation and improvement obsolescences applied, and the sketch. NAS 361.227.5(a) stated the market data should be analyzed and used to reduced improvement values developed with the replacement cost new less depreciation costing method when the RCNLD method exceeded its full cash value. Adjustments were made to the base values each year, reducing the values using an obsolescence factor as established by the market data analysis each year. Factor history data showed in the 2011-2012 fiscal year the improvement obsolescence factor was 48%, in 2012-2013 the reduction was 50%, and in the upcoming 2013-2014 fiscal year the improvement obsolescence applied to the improvement was 40% with the larger percentage of sales attributed to arms-length transactions. The land analysis demonstrated the development of the taxable land value for the 2011-2012 fiscal year of $137,800. The 2012-2013 land analysis showed the values established by the Assessor's Office were 30% above market value, so the taxable land values were reduced by 30% to $96,460, The 2013-2014 land analysis ® C) Date February 14, 2013 9J. PAHRUMP HEALTHCARE LLC APN 027-331-19-Cont'd. demonstrated the values established by the Assessor's Office were 40% over-valued, so the land values were reduced 40% to $57,877 taxable land value. NAS 361.227.5(c) also stipulated developing a capitalization summary based on market rents. The nursing home/assisted living data was researched in Clark County and then reduced by 20% to the cost of $2,000 per bed for the rural area. The market rents method demonstrated a value that exceeded the Assessor Office’s developed RCDNLD with the obsolescence reduction. It was the recommendation of the Assessor's Office to uphold the current values as established per NAS 361.227 at $2,475,789 total taxable value.

Mr. Gardner

made a motion that the taxpayer had not presented sufficient evidence to indicate that the value established by the County Assessor was unjust or inequitable. The petition of Pahrump Healthcare LLC was denied based upon the above Findings of Fact and Conclusions of Law. The Nye County Assessor was hereby instructed to certify the assessment roll of the County consistent with this decision with an assessed value of $866,526; seconded by Mr. Couch; 4 yeas. 9K. AUTOZONE INC. APN 038-282-10 This petition was withdrawn prior to the hearing. 9L. PLON HOLDINGS, LLC APN 035-041-38 AND APN 035-041-36 The Petitioner was not present. The Assessor's Office stated these two parcels were side by side, but there were two different values because the acreages were different. Based on that, the Board took the parcels separately. The Assessor's Office identified APN 035-041-38. The Clerk read the exhibits into the record.

Mr. Couch

made a motion to accept the exhibits; seconded by Mr. Gardner; 4 yeas.

Mrs. Kaminski

stated the Petitioner was notified by certified mail and the card had been received back. Marie Becht, Nye County Appraiser II, stated per NAC 361.1182, three years of sales were used with the range of July 1, 2007 through June 30, 2010, to set the subject’s taxable land value in 2011-2012 of $564,000 as shown in the Assessor's exhibit. Since there were no more sales of this acreage for 2012-2013, the land sales analysis showed the values of the Assessor's Office were 30% above market, so a 30% reduction was applied, decreasing the subject's taxable value to $394,800. The 2013-2014 land analysis showed that the values of the Assessor's Office were 40% above market, so a O O Date February 14, 2013 SL. PLON HOLDINGS, LLC APN 035-041-38 AND APN 035-041-36-Cont’d. 40% reduction was applied, decreasing the subject's taxable value to $236,880. The two sales listed were given a 2% per month decrease for time adjustment. Those sales were approximately 10.5 miles southeast of the subject and did not have highway access like the subject. Using the sales, the average time adjusted dollars per unit would be $12,473. Using this value, the subject’s taxable value would become $356,852, which was higher than what it was now. It was the recommendation of the Assessor's Office to uphold the taxable value of $236,880.

Mr. Gardner

asked if the properties were used as one. Mrs. Becht said they were not. The Assessor's Office identified APN 035-041-36. The Clerk read the exhibits into the record.

Mr. Gardner

made a motion to accept the exhibits; seconded by Mr. Couch; 4 yeas. Marie Becht, Nye County Appraiser II, reviewed the comparables. Per NAC 361.1182, three years of sales were used with the range of July 1, 2007 through June 30, 2010, to set the subject's taxable land value in 2011-2012 of $405,000. Since there were no more sales of this acreage for 2012-2013, the land sales analysis showed the values of the Assessor's Office were 30% above market, so a 30% reduction was applied, decreasing the subject's taxable value to $283,500. The 2013-2014 land analysis showed thai the Assessor Office’s values were 40% above market, so a 40% reduction was applied, decreasing the subject's taxable value to $170,100. The two sales listed were given a 2% per month decrease for time adjustment. The sales were approximately 10.5 miles southeast of the subject and did not have highway access like the subject. Using the sales, the average time adjusted dollars per unit would be $12,473. Using this value, the subject's taxable value would become $215,284, which was higher than what it was now. It was the recommendation of the Assessor's Office to uphold the taxable value of $170,100.read exhibit; recommendation to uphold the taxable value of $170,100

Mr. Gardner

made a motion that the taxpayer had not presented sufficient evidence to indicate the values established by the County Assessor were unjust or inequitable. The petitions of Plon Holdings, LLC, were denied based upon the above Findings of Fact and Conclusions of Law. The Nye County Assessor was hereby instructed to certify the assessment roll of the County consistent with this decision with an assessed value of $59,535 for APN 035-041-36 and an assessed value of $82,908 for APN 035-041-38; seconded by Mr. Couch; 4 yeas. 9M. HERBST FAMILY LTD. PARTNERSHIP APN 038-283-13 This petition was withdrawn prior to the hearing. © O Date February 14, 2013 9N. GOLDEN PAHRUMP LAKESIDE LLC APN 044-531-05 This petition was withdrawn prior to the hearing. 10, GENERAL PUBLIC COMMENT-(Three minute time limit per person.) Action will not be taken on the matters considered during this period until specificall included on an agenda as an action item. There was none. 11. ADJOURNMENT

Mr. Gardner

made a motion to adjourn; seconded by Mr. Gren; 4 yeas. stn APPROVED this i3 day ATTESTED: of Feboruan, 2013. : 7 (1.0. KL Looe, & Bich wan Chair / Board of Equalization Nye Couthty Clerk / Deputy