Portsmouth sheriff's ditch-clearing draws a citation

PORTSMOUTH

Eager to act where he said the city stalled, Sheriff Bill Watson paid $17,000 for a bulldozer off Craigslist, fired it up and began clearing a ditch in the Highland-Biltmore neighborhood.

Residents were thrilled. The city wasn't.

The sheriff did the work without taking the necessary erosion control measures, and a city inspector cited the landowner for a violation.

The episode stoked a simmering feud between the sheriff and city officials. Both sides exchanged unkind words.

Councilwoman Elizabeth Psimas, who is running for mayor, called Watson a lawbreaker.

"Sheriff Watson took an oath to uphold the law, not take the law into his hands," Psimas said via e-mail. "Isn't he supposed to protect and serve - who's protecting us from him?"

Watson unleashed a barrage of criticism at the city.

"Does the city want to get out there and clean it up? Then tell them to get off their butts and clean it up. That's my answer," he said. "They got the gall to write somebody up when we're trying to clean up something?"

The official blame for the work went to the landowner, developer L.M. Sandler & Sons. The company received a notice dated Aug. 17 for failing to install proper erosion and sediment control measures, a common violation at construction sites.

The developers were already facing seven repeat violations for problems before the sheriff's work.

The Sandler company had no comment. Watson said he received permission to clear the ditch from the company.

The ditch runs between Highland-Biltmore and the Sandlers' unfinished New Port neighborhood. Neighbors have long complained that the clogged waterway exacerbates flooding.

The city was trying to get Sandler to clean the ditch because it was on the developer's private property, city spokeswoman Dana Woodson said. City officials had to cite Sandler - which they did on June 15 - and give the company a chance to do it before the city could hire a contractor and bill the developer, she said.

Highland-Biltmore Civic League President Lara Mortimer, frustrated by inaction, e-mailed Watson on June 21.

"We have received no response from the developers of Newport and lots of promises from City officials, but no real work has ever been done to remove the brush and clear the ditch to allow it to drain properly," Mortimer wrote. "Can your men get to this project when they have the time, please?"

Watson found a bulldozer on Craigslist and bought it with proceeds from his jail inmates' canteen fund. He called the $17,000 price a steal.

Watson picked up the equipment on July 30 and the next week was pushing dirt around at the site with a jail work crew. He showed an inmate who had never operated a bulldozer how to use it. Watson said he bought the equipment to teach inmates job skills they can use after jail.

Psimas called it unbelievable that the sheriff found money for a bulldozer when he has complained about funding for his other duties.

Councilman Bill Moody Jr., who is supporting auxiliary sheriff's deputy Lee Cherry for mayor, sided with the sheriff. He said Watson should be commended for tackling something the city should have done "a long time ago."

Watson has returned to work periodically on the site and said he has mostly cleared brush and other debris from the ditch. He said he has also spread dirt from piles left by contractors and that he intends to regrade the site and plant seeds.

Victory Elementary School is next to the work site. Watson said he has also cleared brush from the area so pedophiles couldn't hide.

Watson said he received clearance from two Sandler officials to do his bulldozing work and spoke with a city inspector about it beforehand. The Sandler official whom Watson named refused to comment when he was reached Thursday. The other said she could not speak to the media.

Mortimer said everyone who lives on her street along the ditch was happy to see the sheriff's bulldozer in action. Now, she said, they're waiting to see whether the work will make a difference when the next big rain hits.

Pilot writer Patrick Wilson contributed to this report.

Dave Forster, (757) 446-2627, dave.forster@pilotonline.com