Borough Faces Fraud Allegations in Pine Plan

CLARIFICATION: An Aug. 3 story about Avalon’s Japanese black pine trees quoted a third party statement alleged to have been made by Jim Dunn of the state Forestry Service. Dunn denies making the statement alleged by the third party. Also, the story reports opponent opinion that sea views from dune homes represent a motive for the borough’s actions. The borough maintains that the middle section of the maritime forest in question impacts no home views. 
AVALON – On March 9, Avalon Borough Council unanimously passed a resolution accepting a $24,000 state grant for suppressing the Southern pine beetle, a pest that has killed thousands of acres of pines through the south and mid-Atlantic states.
The grant was intended to deal with an infestation in Avalon’s Japanese black pine trees that are a prominent part of its maritime forest. The borough has maintained that the trees, in the back dunes, need to be removed in order to prevent the beetle from continuing to spread.
The borough’s efforts to eradicate the beetle have touched off opposition from a core group of environmentally-conscious residents who claim that the trees targeted for destruction do not have a Southern pine beetle infestation.  They say the real reason the borough may be targeting the trees is to protect the ocean views of multimillion dollar properties.
The dispute has absorbed at least two public comment periods at council meetings, leading the borough to the unusual step of passing a resolution at its June 22 meeting which affirmed its belief that the infestation is real, that the borough’s plan for dealing with it is appropriate, and that the grant would be used for that intended purpose.
Confronted with counter-claims from the resident group, the borough says it conducted a thorough investigation and council said it “is satisfied and convinced that, despite contrary opinion from certain members of the public that the process has been satisfactorily reviewed and implemented and the Borough fully intends to proceed towards the successful completion of this project.”
The resolution is three dense pages outlining the borough’s investigation and represents its “final determination on these meritless issues.”
Avalon resident Martha Wright does not accept the borough’s position as final. One week after the council meeting that the borough said closed the issue for discussion; Wright filed an online report with the federal Government Accountability Office (GAO) of “suspected fraud” related to an inappropriate use of federal funds.
The Avalon grant for dealing with the beetle infestation came from the state Department of Environmental Protection (DEP), but the funds are part of a grant program of the U.S. Department of Agriculture. Wright and her fellow residents who oppose the borough’s plans in the dunes have continuously claimed that there is no evidence of the Southern pine beetle in the Avalon Japanese black pines.
Wright says that the grant is “not being used as it was intended.” She claims that the borough has other motives for wanting the trees to be removed and that no “credible evidence” of an infestation by the Southern pine beetle “has been forthcoming.”
The case for those who oppose the borough’s project rests in part on the trees themselves, which they say are flourishing, as well as the reluctance of the borough to hire a certified tree expert to verify the findings. Wright notes that “In a genuine Southern pine beetle infestation the trees would be dead in 30 days and it’s been six months – they are alive and well.”
On numerous occasions, those opposed to the project have singled out the borough’s environmental consultant, Joseph Lomax, for special criticism. They claim that he is not a certified tree expert nor is any member of his firm. They also have alleged that they have statements by Lomax that show he is more interested in the view from expensive, high property-tax homes than he is in preserving the healthy trees.  That reference is to comments made at a borough meeting in 2009.
In its resolution, the borough council took the step of publically reaffirming “our confidence and trust in the Borough’s environmental consultant, Joseph Lomax.” Lomax’s conclusions have twice been confirmed by officials from the state who have toured the area of alleged infestation. Wright places little value in the two state inspections which she says were made by individuals without the required expertise.
For Wright, the grant is being misapplied and used to remove a species of healthy trees which the borough would like to cull out of the maritime forest and replace with other vegetation.
In an email, Wright says that she had a conversation with Jim Dunn, an official with the NJ Forestry Service following the borough’s acceptance of the grant.  According to Wright, Dunn indicated to her that Lomax “had no idea what he was looking at, but was clearly looking for ways to justify cutting down trees.” That quote is Wright’s interpretation of Dunn’s remarks. She says the conversation was open and affable with no mention by Dunn of the Southern pine beetle.
Again according to Wright’s email, she followed up with state officials asking for written confirmation of the conversation. “That is when all doors slammed shut,” she said.
When contacted, Lomax referred to the borough resolution and its meticulous detailing of an investigation into allegations of misuse of the grant.  He also went on at length about the borough’s long history of environmental stewardship and conservation. “Many of the things Avalon has done over the years are what other locations have copied,” he said.  “They have been in the forefront of the effort.”
The trees are scheduled for removal in the fall, after the end of the tourist season on the island. The Government Accountability Office stated that it would forward Wright’s allegations to the Inspector General of the Department of Agriculture. Wright worries about whether she will get a reply in time.
A $24,000 grant to one of the most affluent communities at the southern New Jersey shore is usually not the stuff of which federal fraud charges are made, but that is the situation confronting Avalon today.
To contact Vince Conti, email vconti@cmcherald.com.