Sneak Attack
The Amphi School District Begins Its Part To Help Stamp Out Those Pesky Pygmy Owls, But A Federal Judge Intervenes.
By Emil Franzi
WHILE A HANDFUL of parents celebrated with a champagne
breakfast, The Amphitheater School District launched a sneak attack
last week on the controversial new high school site located in
the heart of critical habitat for the cactus ferruginous pygmy
owl, Pima County's recently listed endangered species.
A federal judge brought work to a halt the next day.
Although district officials gave no public notice until plant-removal
work began bright and early on Thursday, March 12, the supporters
of the site--known for the yellow ribbons they donned in their
campaign to construct the new high school on the property despite
the potential damage to the pygmy owl--somehow got wind of the
groundbreaking.
Esther Underwood, leader of the yellow-ribbon crowd, claims she
happened to be driving by and noticed that work had started. She
quickly rounded up her troops, who came over to celebrate.
There are those who don't believe Underwood. They charge she
was tipped off by Amphi staff, so that a crowd of supporters would
be on hand if and when the media arrived. Melissa Franklin, Amphi's
director of community relations, denies the charge.
But Franklin's denial may represent an attempt to put some formal
distance between district officials and the "volunteer"
mothers, perhaps due to charges by site opponents that the "yellow
ribbon" organization is simply a front group set up by the
current Amphi School Board majority.
Esther Underwood is the wife of Richard Underwood, owner of AAA
Landscaping and Arid Plants. District critics, who maintain that
AAA receives sub-contracting work from those doing business with
the school district, claim that AAA trucks have been seen at CDO
High School. Perhaps they're only picking up their kids, but Underwood
refuses to talk to The Weekly, and the district doesn't
keep records of sub-contractors.
Underwood also refused to share with us a broadside and cartoon
of Nancy Young Wright, the Amphi School Board member who has consistently
opposed the high-school site. Wright has also been a highly vocal
critic of the School Board's numerous questionable practices.
The cartoon was deemed too scurrilous by the Northwest Explorer
to print in a paid advertisement.
The Amphi celebration crew on hand Thursday also included district
lawyer Todd Jaeger and biologist Mary Darling, who was hired by
Amphi to conduct a survey for pygmy owls.
District officials say the decision to begin clearing the land
was made by Steve Hitchman, Amphi's bond project manager. Franklin
maintains the school board had ordered staff to proceed with the
site work last December, and that their permits to remove native
plants were about to expire.
But opponents complain that renewal of those permits is a simple
process; and, they say, district staff started clearing the site
despite a public commitment by the Amphi Board to hold off construction
until all legal obstacles had been removed.
When the media and members of environmental groups who are opposed
to the project heard about the clearing operation, they headed
for the parcel, where they found the operation in progress and
the yellow-ribbon group on the land.
Citizens and district taxpayers who were not part of the unofficial
support group were gruffly told they were trespassing by a pair
of either clueless or poorly briefed off-duty deputy sheriffs
in Amphi's employ.
Jaeger, Darling and Franklin chanted--and sometimes screeched--the
official line: "There are no owls here." Darling went
further, facing an assault complaint from one citizen whom she
allegedly pushed while she threatened to have himarrested for
trespassing. Darling allegedly jumped into another citizen's car
and demanded he hand over a tape of pygmy owl sounds he was playing.
According to Franklin, the plants were being boxed on the first
seven acres to be cleared for the student parking lot. The Amphi
Board then hopes to contract the rest of the site clearance and
excavation on March 24, and begin the process of soliciting bids
for the jobs. Amphi officials have already requested permits from
Pima County, urging county officials to finish their review in
11 days.
Work on the high-school site had been stalled because the federal
Fish and Wildlife Service had objected to Amphi's plan to alter
a wash on the property, saying the action could harm the pygmy
owl, which had been sighted a quarter-mile from Amphi's property
in 1996. In response, the Amphi Board recently began the process
of acquiring additional land adjacent to the parcel so they could
redesign the school to leave the wash untouched. Franklin says
the redesign will satisfy the feds--and besides, there are no
owls.
Asked why they didn't wait until they had finished acquiring
the additional land needed for the revised site plan, Franklin
replied that if the deal wasn't cut, they'd simply use the right
of eminent domain and let a judge decide how much to pay for that
additional land.
BUT WILL THE redesign really protect the owl? Amphi officials
and northwest-side developers would like everyone to think pygmy
owls live in a tree or cactus somewhere and wait for something
edible to skitter by. They don't. The owls move around a lot,
and they hunt along narrow washes with sufficient protective coverage
for them to find prey that would otherwise go to higher-flying
predators.
Considering what unregulated growth has done to most of our washes,
that explains why these birds are endangered. We've destroyed
their habitat, and the high school's 73 acres are a prime chunk
of what's left. Building a 2,000-student school next door to the
washes just helps finish them off. So it matters little if the
owls aren't present on the property at any given moment--the issue
is habitat.
March is the owl's breeding season, when it moves around the
most. Franklin, when asked if the timing of the plant removal
was just coincidental, didn't deny it. She merely chanted once
more, "There are no owls here."
Her statement is biologically--and legally--irrelevant. But it's
clear that when you post "no-trespassing" signs and
hire armed guards to keep everybody but your own folks away, there
will be no continuing independent investigation of the owl's presence
or absence. And perhaps that explains Darling's alleged ballistic
behavior when she heard the tape of pygmy owl sounds: We're all
just supposed to take the Amphi School District's word for it.
That word hasn't been very good in the past on this or other
matters. In 1996 the Arizona Press Club awarded the district its
Brick Wall Award for blatant and repeated failure to comply with
requests for public records.
THE RESPONSE TO the sneak attack was just about as swift
as the courts allow. Friday afternoon the Defenders of Wildlife
and the Southwest Center for Biological Diversity secured a temporary
restraining order halting plant removal. U.S. District Court Judge
Frank Zapata will hear arguments to extend the restraining order
on Friday, March 20.
There will be a long legal brawl, and the Amphi School Board
apparently is willing to spend unlimited tax dollars to justify
its original decision.
That the district clearly needs a new high school is undisputed.
But a lengthy legal battle will only stall construction if environmentalists
are able to win injunction after injunction.
But the issue has grown bigger than the school or even the owl's
survival on this site. The real issue is how long will the parents
and taxpayers of the Amphi District tolerate an arrogant and corrupt
school board majority demonstrably guilty of cronyism, nepotism,
obfuscation, denial of public records access, and the promotion
of repugnant behavior by "unofficial" support groups
that borders on thuggery. That issue will be the central one in
the November 1998 election, when the two prime movers on the Board--Mike
Bernal and Gary Woodard--face re-election.
Their actions are not those of people whose cause is just. They
exhibit the behavior of those who have things to hide. Forget
test scores and class sizes and owl habitat. Children should not
be educated by those who have committed this many wretched acts.
All Amphi parents, including those who favor the current high-school
site, should look carefully at this behavior and that of the "parents"
group leading the charge on behalf of those in power. The question
they should ultimately ask is: Would you really want your kids
playing with theirs?
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