The noxious debris dumped in College Point ballfields may not be the only "dirty fill" in the pile.
The property in question, along 130th Street and Ulmer Avenue from 23rd to 28th Avenues is city owned, and leased to the College Point Sports Association (CPSA), a not-for-profit corporation that has six contributing sports organizations under its umbrella: College Point Little League, College Point Athletic Club (football), College Point Roller Hockey, College Point Road Runners and Track Club, First Sports Club of College Point (Soccer), and the College Point Softball Club.
According to State Senator Frank Padavan, much of the blame for the illegal dumping and other questionable activities concerning the CPSA rests on the shoulders of Councilmember Tony Avella.
In the mid 90s, while serving as the president of CPSA, Avella contracted with Enviro-Fill, Inc. to develop sports fields for the use of its participating organizations.
Under the terms of that agreement, Enviro-Fill was to charge contractors for the dumping of clean fill which was to be used to grade the site. From its profits, Enviro-Fill was to pay for the development of the fields with no cost to the city or to CPSA. The contract also mandated Enviro-Fill pay for a monitor from CPSA who would be present whenever fill was dumped at the site.
The problems began when it was discovered that the company violated its agreement and the law by accepting construction and demolition debris known as "dirty fill." By allowing contractors to dump illegal debris on the property, Enviro-Fill profits were dramatically raised. The fee for improper fill brought more than $13 per cubic yard while clean fill netted only $10 per cubic yard.
A $16.5 million lawsuit has been filed this month by the City of New York against the CPSA, officers from Enviro-Fill and private contractors who dumped at the site. Damages are being sought to cover the citys costs for removing the unacceptable fill, replacing it with clean fill, and building playing fields at the College Point complex.
This action taken by the city is reflective of only one part of what Senator Padavan calls "Avellas reprehensible behavior."
"I believe that the district attorney should look into these matters," said the senator. "Tony Avella has a long history of a desire to enhance his political career by involving himself in community organizations, reaping benefits and then walking away." Padavan specifically referenced Avellas stepping down as the president of the Bayside Historical Society under pressure from other members of that organization.
The Queens Courier has obtained copies of the Federal Statements and 990 tax forms for the period that Avella was the president of the association. The documents for one year show that the CPSA spent almost $32,000 in legal fees. However, during the same period, the document shows,l an expenditure for sports equipment as a mere $32.
A spokesman at the Williamsport Little League Association, told The Queens Courier that the majority of little leagues never incur such legal fees and that, generally speaking, the leagues have access to pro bono legal work, almost always supplied by parents and professionals who have personal connections in community little league teams.
In another disclosure signed by then president Avella, the CPSA reflected a loss of $85,000 from bad investments in the stock market. Traditionally, not-for-profit organizations dont place their funds in "high-risk" category investments, instead choosing extremely conservative and stable investment environments.
"He has no shame," Senator Padavan said. "Taking kids money is unconscionable. Hes culpable!"
The senator is not alone in his feelings of dismay regarding the councilmans involvement. One College Point civic leader and activist who spoke to The Queens Courier under the condition of anonymity reiterated a statement made in previously published reports that "Avella allowed Enviro-Fill to continue their illegal dumping right under his nose."
Despite numerous attempts by The Queens Courier to speak to Avella, no phone calls were returned to the newspaper by presstime.
"Tony Avellas track record speaks for itself," stated Senator Padavan. "Say everything, propose it all, promise a lot. Do nothing. His accomplishments in the two years since his election can be summed up in one word:zip."
