The City of Maysville and Maysville Family Practice have reached a settlement in the year-long dispute resulting in a new lease agreement for the local business.
With the resolve, the old lease is now null and void and any claims and cross claims – such as attorney fees – are settled.
The new lease is in effect until Dec. 31. Dr. Gary Kinsey, the business owner, will pay $61.25 per month, which serves as reimbursement to the city for insurance premiums and lawn maintenance the city will incur. In addition, he will be responsible for paying utilities at the practice, which is located at 14 Homer Street.
Dr. Kinsey must use the building as a medical practice and must continue accepting Medicare and Medicaid. The lease also requires that Dr. Kinsey do normal repair and maintenance, except on the roof of the building and the surrounding outside premises, which is the city’s responsibility.
The lease states that Dr. Kinsey must have city approval before making repairs or subletting the building. He has the right to cancel the lease with six months notice, or cancel the lease if he chooses not to make a repair that is needed.
City attorney Joseph D. Cooley III earlier presented Dr. Kinsey with the new lease, which Dr. Kinsey signed. After unanimous approval of the lease at Monday night’s meeting, the litigation is now over.
“I don’t want to use the word hopefully, but perhaps there may be negotiations during (the next year) where the city would discuss with Dr. Kinsey his continuation there at terms that are – reflect the market rate or some other terms that the city chooses,” Cooley said. “But as it is, the city is under no duty to negotiate.”
As of Jan. 1, 2012, Maysville may opt to sell the building if it so chooses.
The dispute began last year, when Kinsey approached the city displeased with the lease agreement, so the city decided to negotiate.
Previously, the business was operating on a year-to-year lease, which proved problematic from a business standpoint. The practice had expressed interest in buying the city-owned building, however Maysville never considered selling it.
“The mayor and council, we had no ambition of telling the doctor to get out to start with,” mayor Jerry Baker said. “We knew this was coming up on its 20-year lease, so it was time to do something.”
When litigation began last year, many citizens were upset and felt the city was trying to end the presence of a local doctor. The city contended all along that, it too, felt the business was an asset.
Dr. Kinsey was not present at the council meeting.
PUBLIC HEARING ON BUDGET
Prior to the council’s regular meeting Monday night, a public hearing was held to discuss the city’s budget, during which no citizens were present.
Overall, the city is comfortable with its budget and plans to approve it at a later meeting, hopefully without amending it.
OTHER BUSINESS
In other business at the Maysville City Council meeting Monday night:
•police chief Clarence Sullens, judge Hammond Law and city attorney Hulsey, Oliver & Maher, LLP., were all re-appointed unanimously.
•the council met in a 15-minute closed door meeting to discuss the library manager position. No action was taken when the meeting opened back up to the public.
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