The Alaska Mental Health Trust Authority

Trust Land Office

BEST INTEREST DECISION AFFIRMED

Disposal of Interest in MH Parcel C20499 in Juneau

TLO Project 2017-156

MH Parcel(s) C20499

Action:  Adopt the Best Interest Decision dated June 6, 2017 regarding the above referenced disposal as final, without modification. This decision document, combined with the Best Interest Decision dated June 6, 2017, constitutes the final decision on this matter, in accordance with 11 AAC 99.040.

Notice under 11 AAC 99.050.  The Trust Land Office (TLO) published the public notice of the decision to dispose of an interest in MH Parcel C20499 through competitive or negotiated sales or leases in the Juneau Empire on June 8, 2017, and distributed the notice to other interested public and private parties.

Summary of Comments:  The TLO received support for the disposal from the City and Borough of Juneau through Assembly Motion 2799. 

Additionally, AJT Mining Properties, Inc. submitted a comment supporting the “Mental Health Trust’s efforts to find the highest and best use of . . .” the parcel and a “best interest decision that complements the relevant community planning documents.”  In disposing of its property, the TLO is seeking, in the case of a lease, to generate income, or in the case of a sale, to convert trust principal from real estate to cash, at the most favorable rate in order to benefit Trust beneficiaries.  The end use of the property and its consistency with “relevant community planning documents” are not within the scope of this decision.

Trust Authority Consultation:  The Alaska Mental Health Trust Authority board of trustees was consulted on May 4, 2017 and the board of trustees concurred with the motion for disposal, in part or in whole, through competitive or negotiated leases or sales subject to the outcome of specific negotiations and the notice process. 

Modifications:  As no comments were received suggesting that the Best Interest Decision dated June 6, 2017 should be substantively modified in any way to better serve the interest of the Trust and its beneficiaries, the Executive Director has determined that no change shall be made to that document.

Final Decision of the Executive Director:  Considering all of the above, the Executive Director of the Trust Land Office hereby adopts the Best Interest Decision dated June 6, 2017 as final.

Reconsideration:  Persons who submitted timely written comments during the notice period that ended July 11, 2017, are eligible to request reconsideration of this final best interest decision under 11 AAC 99.060(b) within 20 calendar days after publication of the notice or receipt of the final decision, whichever is earlier. A request for reconsideration must be submitted in writing to the Executive Director. Before filing an appeal to the Superior Court under AS 44.62.560, a person must be eligible to request and must actually request reconsideration within the time specified above.

The Executive Director shall order or deny reconsideration within 20 calendar days after receiving the written request for reconsideration. If the Executive Director takes no action during the 20-day period following the request, the request is considered denied.  Denial of a request for reconsideration is the final administrative decision for purposes of appeal to the superior court under AS 44.62.560.