Invoice 01: Non-profit Entities

This page serves as a transparent public archive of correspondence and public records requests submitted under Massachusetts Public Records Law (M.G.L. Chapter 66, Section 10) concerning how the Town of Hardwick handles billing and agreements for municipal services provided to non-profit entities. The primary focus is on Eagle Hill School (Eagle Hill Foundation), a major tax-exempt landowner in Hardwick, and its special arrangements—including Payments in Lieu of Taxes (PILOT) agreements dating back to around 2005, a formal 2014 agreement, and a 2024 sewer services agreement—amid questions about fairness, transparency, and the potential burden on local taxpayers when non-profits are not fully billed for services like police, fire, EMS, and sewer usage. Through detailed email exchanges, provided documents, payment histories, and invoices for request fulfillment, this archive aims to promote accountability and inform the community about these practices.

Tue, Nov 19, 2024 at 7:21 AM

Greetings Hardwick Select Board,

I am writing to you today to express my concern that our town government is not billing any of the non-profit entities in our town for municipal services such as Police, Fire, EMS. And it has come to my attention that we are significantly underbilling Eagle Hill School for sewer services.

In the Select Board meeting on 12 November 2024, Vice Chair Vollheim indicated that non-profit entities are billed if they have 3 or more calls for services from the fire department. If that is the case, why has there never been a bill issued at all? And why after 3 calls? Why not every call?

Even in the event that a non-profit were to have no calls for Police, Fire, or EMS, why does that mean they are exempt for paying for it? I’d like to know the specific law citation for this privelege. After all, I have never called on the Fire Deparment in the 9+ years of living in Hardwick. Why should I have to pay for it? It is because they remain available to me even when I do not have a need for them. Shouldn’t it be the same for the non-profits?

According to the Town Treasurer, none of the non-profit entities in town have been billed at all for any services for at least the past 3 years. If it is true of the past 3 years, I suspect it is true of much longer, likely at least 6 years. There are two members on this current Select Board that have been here going back many years and multiple terms. I’d like to hear from both of you regarding this position of not billing non-profits.

Thank you,
Jeffery Smith

Tue, Nov 26, 2024 at 7:40 AM

Dear Mr. Witkos and Ms. Caggiano,
This is a request under the Massachusetts Public Records Law (M. G. L. Chapter 66, Section 10). I am requesting that I be provided a copy of the following records:

Per the Select Board Meeting last night (25 Nov 2024), I learned there exists agreements between the Town of Hardwick & Eagle Hill School (also known as Eagle Hill Foundation).

I’d like to have a copy, if possible, of any and all such agreements. I wasn’t sure who this request should go to, so please forgive me if I got it wrong and kindly point me in the direction I should go to find this information.

Thank you very much!

Sincerely,
Jeffery Smith

Tue, Nov 26, 2024 at 11:56 AM

Hi Jeffery,

I have attached a copy of the two pilots. Please let me know if you need anything further.

Sincerely,
Justine

Tue, Nov 26, 2024 at 12:05 PM

Hi Justine,

Thank you very much for sending me the copies of the agreements for Eagle Hill. Do you have any information about the payments being made under the original agreement from 2014?

Jeff

Tue, Nov 26, 2024 at 12:12 PM

We are a little short staffed this week, because of the holiday week. Can I please get you that information on Monday? It might take me a little longer to obtain everything. How far back do you want that information from 2014 to now? Or just a few years.

Tue, Nov 26, 2024 at 12:17 PM

Yes, of course, that would be great. Thank you very much. If it is possible to have all the way back to 2014, that would be excellent, but I will be happy with as many years back as you can give me.

Tue, Dec 3, 2024 at 11:57 AM

Hi Jeff,

I have attached information from our Accountant below. We only have back to 2016 in our accounting system. Please let me know if you have any questions.

From: Hardwick Accountant accountant@townofhardwick.com
Sent: Tuesday, November 26, 2024 7:50 PM
To: Hardwick Treasurer treasurer@townofhardwick.com; Justine Caggiano
admin@townofhardwick.com; Hardwick Assessor assessor@townofhardwick.com
Subject: RE: Massachusetts Public Records Request: Agreements between Hardwick & Eagle Hill School


See attached and below. Vadar only goes back to FY16. I couldn’t find anything in FY22…

I hope this helps.
Thanks,
Laurie Dell’Olio
Town Accountant

Tue, Dec 3, 2024 at 1:50 PM

Thank you Justine!

Tue, Dec 3, 2024 at 1:57 PM

Greetings Hardwick Select Board,

This is a follow up to my email message of November 19 with the subject “Billing for municipal services to Hardwick’s
Non-Profit Entities”. I have received a response from Vice Chair Vollheim on December 1 which I am sharing here:

Mr. Smith, sorry to take so long to respond. Most of your questions have been or are due to be discussed and answered at our regular meetings. As one of the board members that have been around for awhile, I’d like to claim credit for approaching Eagle Hill School years ago with Ms. Kolenda and coming to an agreement with the headmaster to make a yearly ‘gift’ to help cover Town expenses that the school incurs. A proto-Pilot agreement. I believe there is still a similar agreement in place.
Beyond that, I don’t know why the FD doesn’t have a nuisance call policy any more, my time with the FD ended in 2007. And I’ve always known that open/protected land is a financial boost to the Town, not a burden. As a selectman, I’ll be asking for a cost/benefit study to clear this up. It’s been a basic fact that we learned when we were writing the Master Plan.
Again, I apologize for my tardiness, your email got buried in my inbox.
regards, Eric Vollheim


I’d like to thank Vice Chair Vollheim for responding and for stepping forward to claim credit for the deals between the town government and Eagle Hill. Accountability is extremely important and I have a lot of interest in this topic and several questions. I would very much agree that a full cost/benefit analysis of these agreements should be done!

I have reviewed the written revised agreement that the Board of Selectmen (as they were known then) signed from September 2014. In that agreement I do not see any mention of the specific dollar amounts that Eagle Hill agrees to contribute yearly.


The Town Administrator & Treasure have provided me with this yearly payment information from Eagle Hill School to the town:
FY24 $56,890.00
FY23 $53,297.00
FY22 $0
FY21 $61,661.61
FY20 $55,549.73
FY19 $53,156.56
FY18 $51,097.18
FY17 $46,737.60
FY16 $40,841.15
Total for FY16 to FY24: $419,230.83

Here are my questions:
* Because the Sept 2014 agreement is referred to as a “revised” agreement, I take that to mean there would have been a previous agreement in place. At this time I have been unable to acquire a copy of that agreement. Would you be able to provide a copy or any other information regarding that previous agreement? If there was no agreement in writing, why wasn’t it in writing?
* Why was there no payment from Eagle Hill in FY22? Did Eagle Hill School notify the town in writing of a hardship and to request a deferral? Was a deferral granted?
* What are the specific criteria used to determine the amount of the payment? Why are the payment amounts for FY23 & FY24 less than FY21? What was the justification for the reduced payment?
* Was legal counsel consulted for any of the agreements between the town and Eagle Hill School? If so, are there any documents or notes about this interaction? If not, why not?
* How much tax revenue would the town have received if the property occupied by Eagle Hill School was taxable (ie. not non-profit)? How does this compare to and justify the payments the town actually takes in?

I look forward to your answers! Thank you very much for your assistance.

Jeffery Smith

Mon, Dec 9, 2024 at 12:41 PM

Hi Jeff,

Due to the time it would take to fill your request, I have attached an invoice under M. G.L.CH 66, Section 10 (ii) of the public records law. Please let me know if you have any questions.

Once we have payment, we would be happy spend the time in good faith filling your request.

Thank you,
Justine

Mon, Dec 9, 2024 at 1:26 PM

Hi Justine,
Thank you for your reply to the other message thread that I think was intended for this one (included below, invoice
attached).

Hi Jeff,

Due to the time it would take to fill your request, I have attached an invoice under M. G.L.CH 66, Section 10 (ii) of the public records law. Please let me know if you have any questions.

Once we have payment, we would be happy spend the time in good faith filling your request.

Thank you,
Justine
Justine Caggiano


I will be sending over a check, looking forward to getting this information as soon as possible.

Thank you,
Jeff

Tue, Dec 10, 2024 at 1:07 PM

Hi Justine,

The check is in the mail and on its way to Hardwick now. Please confirm once you have received it. Also, please let me know when I can anticipate the request will be fulfilled.

Thank you!
Jeff

Wed, Dec 11, 2024 at 9:15 AM

Thank you! I will let you know when we receive it.

Wed, Dec 18, 2024 at 12:49 PM

Hi Jeffery,

We are in receipt of your payment. We will begin working on your following requests:

1. Because the Sept 2014 agreement is referred to as a “revised” agreement, I take that to mean there would have been a previous agreement in place. At this time I have been unable to acquire a copy of that agreement. Would you be able to provide a copy or any other information regarding that previous agreement? If there was no agreement in writing, why wasn’t it in writing?

2. Why was there no payment from Eagle Hill in FY22? Did Eagle Hill School notify the town in writing of a hardship and to request a deferral? Was a deferral granted?

3. What are the specific criteria used to determine the amount of the payment? Why are the payment amounts for FY23 & FY24 less than FY21? What was the justification for the reduced payment?

4. Was legal counsel consulted for any of the agreements between the town and Eagle Hill School? If so, are there any documents or notes about this interaction? If not, why not?

5. How much tax revenue would the town have received if the property occupied by Eagle Hill School was taxable (ie. not non-profit)? How does this compare to and justify the payments the town actually takes in?

6. Any gifts from Eagle Hill.

7. Payments from Eagle Hill from FY 14 and FY 15

Please let me know if I missed one. Also, keep in mind we are closed for the holiday next week, but we will
try to get this to you in the timeliest manner.

Merry Christmas.

Best,
Justine

Wed, Dec 18, 2024 at 12:52 PM

Hi Justine,

Thank you very much for your message.

I think that list is good, the only thing I would request would be any “gift” or “pilot payment” amounts from Eagle Hill to the town going back as far as records allow.

I hope you have a very nice holiday break!

Jeff

Tue, Dec 31, 2024 at 7:11 AM

Hi Justine,

I hope you had an enjoyable holiday week. Would it be possible to get a status update on my request?

Thank you!
Jeff

Thu, Jan 2, 2025 at 4:00 PM

Hi Jeff,
Thank you so much for taking the time to chat with me today. Here is what I can give you so far, and
hopefully we can have the rest for you as soon as possible.

1. We are unsure what revised means, because we only have that one version of the 2014 agreement. The only thing we can think of is there was a verbal agreement between the Town and the previous Eagle Hill Headmaster in 2005.


2. We found the FY22 payment. It was for $16, 511.


3. Forthcoming


4. There are no electronic or physical documents that were found for the 2014 PILOT Agreement. For the 2024 Sewer agreement. The prior Town Administrator and Town Counsel worked on that and there are records.


5. Forthcoming


6. According to our Town Accountant, there have been no gifts. However, Eagle Hill donated a generator
to the Fire Department in December of 2023.

7. Forthcoming

Thank you for your understanding,

Justine

Fri, Jan 3, 2025 at 7:00 AM

Hi Justine,

Thank you for your answers so far.  Please allow me to clarify:

1. We are unsure what revised means, because we only have that one version of the 2014 agreement. The only thing we can think of is there was a verbal agreement between the Town and the previous Eagle Hill Headmaster in 2005.

The September 22, 2014 PILOT agreement with Eagle Hill would be the “revised” version of the agreement.  
I would like the details of the original agreement from 2005, as indicated by Vice Chair Vollheim:

Mr. Smith, sorry to take so long to respond. Most of your questions have been or are due to be discussed and answered at our regular meetings. As one of the board members that have been around for awhile, I’d like to claim credit for approaching Eagle Hill School years ago with Ms. Kolenda and coming to an agreement with the headmaster to make a yearly ‘gift’ to help cover Town expenses that the school incurs. A proto-Pilot agreement.       I believe there is still a similar agreement in place.                                       


2. We found the FY22 payment. It was for $16, 511.
Thank you, at least it wasn’t $0.  This still does not answer all of my questions for #2, however which were:  
Why was there no payment from Eagle Hill in FY22?  Answered above, there was one, but far less than in the past.
Did Eagle Hill School notify the town in writing of a hardship and to request a deferral?  
Was a deferral granted?
 
3. Forthcoming

4. There are no electronic or physical documents that were found for the 2014 PILOT Agreement. For the 2024 Sewer agreement. The prior Town Administrator and Town Counsel worked on that and there are records.

I’m afraid I am a little confused with this answer.  Are you saying there are no electronic or physical documents that were found for either the 2014 PILOT Agreement or “For the 2024 Sewer Agreement”?
You say “there are records”?  May I have a copy?
 
5. Forthcoming

6. According to our Town Accountant, there have been no gifts. However, Eagle Hill donated a generator to the Fire Department in December of 2023.

So no monetary gifts, but they gave the Fire Department a generator.  Didn’t they also donate decorative flags to be displayed in town?
 
7. Forthcoming

I understand that ——————————-0000 , so it will take some time to get the information for the forthcoming answers.

Thank you,
Jeff 

Thu, Jan 9, 2025 at 4:00 PM

I have a few more answers for you!

1- I have absolutely no information about the “verbal” agreement Mr. Vollheim referenced other than there was one between Mr. Vollheim and the previous Headmaster at Eagle Hill.

3- From our Assessor Ms. Kolenda: The 2014 contract addressed only the taxable private residences which were purchased by EHS and therefore came off the tax rolls. When the 2014 contract was signed I interpreted the meaning of the contract for me, as an assessor, to create a PILOT based on the value of the properties and the current tax rate for each year. Therefore, I valued the properties just like every other taxpayer in Town :- current market value, value of any improvements or if demo or remodeling was done, those adjustments were made as was any other taxpayer. This was an acceptable interpretation of the contract until Fiscal Year 2022 when the new CFO at EHS challenged my numbers. He maintained that the value of the properties should not reflect any improvement. That is why the FY22 amount went down, he adjusted back “credits”. From that point on he has averaged our values and applied them accordingly across the properties. I still generate the PILOT on my own assessing procedures, but I believe that we receive a payment from EHS based on their interpretation of the contract.

4- Yes I have correspondences from our town counsel and our former Town Administrator. I have to check with Counsel

to make sure they are not privileged.

5- Please see the attached spreadsheet.

Thank you,
Justine

Thu, Jan 9, 2025 at 4:08 PM

Hi Justine,
Thank you for those answers. For number #5, what are the numbers in the spreadsheet?

They don’t seem to be the amount Eagle Hill School paid the town. If I total up FY25 PILOT properties taxed, it is $5.1
million.
What is this spreadsheet telling me?
Thank you,
Jeff

Thu, Jan 9, 2025 at 4:25 PM

Are those the amounts Eagle Hill School would have paid if they were billed like other property owners?

Tue, Jan 14, 2025 at 3:22 PM

The spreadsheet below reflects Jeff’s number 5 question. The highlighted lines are what EHS already pays in PILOT. The bottom part of the spreadsheet ( unhighlighted) shows what the existing (not removed from the tax rolls EHS properties) addresses the # 5 Question. I believe I wrote that in the heading for that section

Sincerely,
Jennifer S. Kolenda MAA
Town of Hardwick
Board of Assessors

Tue, Jan 14, 2025 at 3:40 PM

Thank you!!

Fri, Feb 28, 2025 at 7:33 AM

Hi Justine,


Thank you for the invoice (Invoice 02).  I will come by your office with a check for $300 on Monday.

I understand that this request will take some time to fulfill, certainly beyond the 10 days for typical requests, due to the nature of the information beginning gathered (phone bills, text messages, emails, etc).  


I would appreciate you keeping me informed periodically as you make progress on gathering the information. This new invoice (Invoice # 02) looks very similar to the invoice I received previously (Invoice # 01 12/09/2024 $200). 

It seems a lot of the records that I requested under that invoice do not exist or at least still have not been sent to me, as I still have unfulfilled items under that request.  Would you kindly confirm all my requests under that invoice have been fulfilled to the extent possible given existing records?

Jeff

Fri, Feb 28, 2025 at 5:01 PM

Hi Jeff,

Yes, I gave you everything I was able to gather with a lot of assistance from the staff for your first request. Please let me know if you have any other questions.

Have a nice weekend,

Justine 

Sat, Mar 1, 2025 at 9:09 AM

Hi Justine,

This is a follow up to my previous request under Invoice 01. I acknowledge that in your February 28 email reply you said that you gave me everything you were able to gather with a lot of assistance from the staff. 

As I had mentioned in my message following up my request under Invoice 02, there remain a number of items missing for Invoice 01. I am following up on those items here, please forgive me if I am missing any replies in my summation. 


Below are the original request items summarized per the conversation we have been having in this email thread regarding the items for Invoice 01, please let me know if I am missing any details:

  1. Because the Sept 2014 agreement is referred to as a “revised” agreement, I take that to mean there would have been a previous agreement in place. At this time I have been unable to acquire a copy of that agreement. Would you be able to provide a copy or any other information regarding that previous agreement? If there was no agreement in writing, why wasn’t it in writing?Answer provided: “We are unsure what revised means, because we only have that one version of the 2014 agreement. The only thing we can think of is there was a verbal agreement between the Town and the previous Eagle Hill Headmaster in 2005.”
  2. My previous follow up: The September 22, 2014 PILOT agreement with Eagle Hill would be the “revised” version of the agreement. I would like the details of the original agreement from 2005, as indicated by Vice Chair Vollheim per this quote from his email response to me: I’d like to claim credit for approaching Eagle Hill School years ago with Ms. Kolenda and coming to an agreement with the headmaster to make a yearly ‘gift’ to help cover Town expenses that the school incurs. A proto-Pilot agreement.
    Answer provided: “I have absolutely no information about the “verbal” agreement Mr. Vollheim referenced other than there was one between Mr. Vollheim and the previous Headmaster at Eagle Hill.”
    1. The answer to this question remains incomplete. I understand it was a verbal agreement and I understand that there is no documentation. Would it be possible to get a written statement from Vice Chair Vollheim regarding the specifics of the verbal agreement or at least to transcribe them here for me? Why was this information not gathered and included in the information given so far?
  3. Why was there no payment from Eagle Hill in FY22? Did Eagle Hill School notify the town in writing of a hardship and to request a deferral? Was a deferral granted?
    1. Answer provided: “We found the FY22 payment. It was for $16,511.”
    2. My previous follow up: Thank you, at least it wasn’t $0. This still does not answer all of my questions for #2, however which were: Did Eagle Hill School notify the town in writing of a hardship and to request a deferral? Was a deferral granted?
      1. The answer to this question remains incomplete. Did Eagle Hill School notify the town in writing of a hardship and to request a deferral? Was a deferral granted? In the February 24 Select Board meeting Chair Kemp says it was the former Town Administrator who worked out the changed payment amounts with EHS, see also question 4. FYI: This is also a topic of my request under Invoice 02 (“Any documentation relating to the reduced PILOT payment from Eagle HIll School for 2022, especially any notes or communications with the former Town Administrator or Select Board members.”)
  4. What are the specific criteria used to determine the amount of the payment? Why are the payment amounts for FY23 & FY24 less than FY21? What was the justification for the reduced payment?
    1. Answer provided: “From our Assessor Ms. Kolenda: The 2014 contract addresse d only the taxable private residences which were purchased by EHS and therefore came off the tax rolls. When the 2014 contract was signed I interpreted the meaning of the contract for me, as an assessor, to create a PILOT based on the value of the properties and the current tax rate for each year. Therefore, I valued the properties just like every other taxpayer in Town :- current market value, value of any improvements or if demo or remodeling was done, those adjustments were made as was any other taxpayer. This was an acceptable interpretation of the contract until Fiscal Year 2022 when the new CFO at EHS challenged my numbers. He maintained that the value of the properties should not reflect any improvement. That is why the FY22 amount went down, he adjusted back “credits”. From that point on he has averaged our values and applied them accordingly across the properties. I still generate the PILOT on my own assessing procedures, but I believe that we receive a payment from EHS based on their interpretation of the contract.”
      1. I consider this question materially answered, thank you.
  5. Was legal counsel consulted for any of the agreements between the town and Eagle Hill School? If so, are there any documents or notes about this interaction? If not, why not?
    1. Answer provided: “There are no electronic or physical documents that were found for the 2014 PILOT Agreement. For the 2024 Sewer agreement. The prior Town Administrator and Town Counsel worked on that and there are records.”
    2. I’m afraid I am a little confused with this answer. Are you saying there are no electronic or physical documents that were found for either the 2014 PILOT Agreement or “For the 2024 Sewer Agreement”? You say “there are records”? May I have a copy?
    3. Answer provided: “Yes I have correspondences from our town counsel and our former Town Administrator. I have to check with Counsel to make sure they are not privileged.”
      1. I am still waiting for an answer and, potentially, any documentation that has been vetted by Counsel. What is the outcome?
  6. How much tax revenue would the town have received if the property occupied by Eagle Hill School was taxable (ie. not non-profit)? How does this compare to and justify the payments the town actually takes in?
    1. Answer provided: “Please see the attached spreadsheet.”
      1. I consider this question materially answered, thank you.  The provided spreadsheet of computations from the Assessor’s office for 2014 – 2025 was very informative.
  7. Any gifts from Eagle Hill.
    1. Answer provided: “According to our Town Accountant, there have been no gifts. However, Eagle Hill donated a generator to the Fire Department in December of 2023.”
    2. My previous follow up: So no monetary gifts, but they gave the Fire Department a generator. Didn’t they also donate decorative flags to be displayed in town?
      1. This answer is incomplete: Didn’t they also donate decorative flags to be displayed in town?  If so, is that truly everything?  Are you certain there isn’t anything else?
  8. Payments from Eagle Hill from FY 14 and FY 15
    1. Answer provided: “I understand that Ms. Kolenda is currently on medical leave, so it will take some time to get the information for the forthcoming answers.”
    2. My previous follow up: I think that list is good, the only thing I would request would be any “gift” or “pilot payment” amounts from Eagle Hill to the town going back as far as records allow.
      1. Mr. Vollheim indicated in the February 28 Select Board meeting that the payments agreed upon would have been $25,000 per year. Are you certain that there is no record of these amounts being received by the town?

As I see it, questions #2 and #4 have been answered to my satisfaction.  I have highlighted the comments above where I think the question still needs a response.

Invoice 01 indicated that I was paying for 8 hours @ $25 / hour for a total of $200. Would it be possible to tell me how much actual time was spent so far and what amount of time remains on Invoice 01?

I am guessing that the funds from Invoice 01 are all used up which was the reason for the new Invoice 02, but thought that I should verify that.

Thank you!

Jeff

Wed, Mar 5, 2025 at 11:43 AM

Hi Justine,

I am just checking to make sure you had a chance to read my previous response. Can you please give me an update on these items when you have a moment?

Thank you!
Jeff

Sun, Mar 9, 2025 at 5:00 AM

Hi Justine,


It has now been a week with no answer. Could you please at least acknowledge that my messages have been received and read?

Thank you,
Jeff

Mon, Mar 10, 2025 at 11:15 AM

Hi Jeff,


I apologize for the delay. I was waiting for a directive from our Town Counsel before touching base with you. Town Counsel has asked if you could provide some key words for our IT company to search through emails. I am assuming its words like “PILOT” “Eagle Hill”, but I obviously will wait for your response.

Thank you so much,

Justine

Tue, Mar 11, 2025 at 9:41 AM

Hi Justine,

My answer is that I want all the emails I am allowed to have. No keywords necessary.

Jeff

Tue, Mar 18, 2025 at 2:31 PM

Hi Justine,

I am still waiting for acknowledgement of my inquiries under Invoice #01. Can you please give me a status update? I understand additional documents have been found?

Thanks,
Jeff

If you’ve made it this far, I am impressed. I am still working on this timeline. The email threads are a mess because sometimes replies for one matter get answered in another thread, so it takes time to sort that out. Since you are here, you might be interested to see the IRS 990 form below.