The lease agreement between Fall River Line Pier, Inc. (FRLP) and the Commonwealth regarding the management of the state pier expired in 2014.
During our audit, we found that FRLP did not have a formal agreement in place with the Commonwealth to manage the Fall River Line Pier. Without an agreement in place, there is no legal record of the terms and conditions that outline the responsibilities of the respective parties. If the responsibilities of each party are unclear, then an unacceptable risk exists; namely, regular assessments may not be performed to identify operational hazards, safety protocols may not be implemented, and the pier may not be monitored or maintained.
A 2008 amendment to FRLP’s bylaws states,
The corporation shall be known by the name of Fall River Line Pier, Inc. . . . It is formed for the purpose of leasing a pier from the Commonwealth of Massachusetts, with buildings, sidings, and other equipment thereon, and operating the same for the benefit of all persons engaged in the business of receiving, storing and forwarding, freight and merchandise, and for all the purposes mentioned in the Articles of Organization.
As these bylaws state, FRLP was created for the purpose of leasing a state pier, and since the absence of a lease is intrinsically in contradiction with this language from its bylaws, FRLP should continue to work with MassDevelopment to formally establish the terms of its management of the Fall River State Pier.
| Date published: | April 16, 2025 |
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