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Finance Committee recommends lease of 91 Foster St. to Brockton Public Schools amid questions on arrears and terms
Summary
Committee recommended favorably a three‑year lease that would let Brockton Public Schools continue to use the former Nissen's Bakery building at 91 Foster St.; councilors pressed for clearer lease language, square footage, rent timing and outstanding FY25 payments.
The Finance Committee recommended favorably an order authorizing the mayor to execute a lease with Hawkeye Fence LLC for property at 91 Foster Street to be used by the Brockton Public Schools for a three‑year term beginning July 1, 2025 and ending June 30, 2028.
City officials said the property had long served as an off‑site storage and facilities location for the school department. City Solicitor Megan Bridges and procurement staff described the current lease as the formal procurement outcome of a past RFP. Bridges told the committee the lease must be read together with the RFP documents, which describe the space and intended school use.
Several councilors raised substantive questions about the lease language and public record. Councilor Linda Castro pointed out inconsistent wording in the lease (it refers in places to a “portion of the premises” and elsewhere to “entire premises”) and asked the solicitor to provide a plan and square footage; the solicitor said the space is approximately 25,000 square feet and that the procurement documents will be supplied to the committee.
Castro also asked about the rent amount shown in the draft lease: the document lists a rent sum of $96,000 but does not specify whether that is an annual figure or list payment due dates; the solicitor and CFO said the lease will be clarified and that the RFP provided the full procurement context.
Councilors asked about outstanding payments for fiscal year 2025. City staff said the school department held the FY25 payment at fiscal year close; the solicitor said the school committee had placed the arrears on its agenda for the next night and that the funds exist and the school department intends to pay the outstanding FY25 charges. Councilors sought assurance that approving the lease would not place the city at legal risk if arrears remained unresolved.
Councilor questions also touched zoning and use: some of the lease language lists general office, vocational classroom and parking uses; councilors noted assessor records show the property is zoned R‑2 and industrial and asked whether any necessary approvals or special permits are required for school use. The solicitor said the lease should be read with the RFP and that the school's facilities department described the procurement as for storage and ancillary offices, but acknowledged the lease language could be tightened.
The committee recommended the order favorably to the full council.
The lease, as presented, begins July 1, 2025; the draft in the packet lists a rent figure of $96,000. The committee requested the RFP and related procurement documents be provided with the lease for the full council’s review.
