East Lexington's Dam

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Should the East Lexington low-head dam be removed within 5 years?

Yes
27
68%
No
13
33%
 
Total votes: 40

Anonymoose

Sweetness

Postby Anonymoose » 2007 Sep 20 22:35

Hey, I think Sweetness is an imposter - exercising the sarcastic side of their brain while appearing dim. I hope so, anyway! :lol:

harleygrl35

Re: Sweetness

Postby harleygrl35 » 2007 Sep 21 08:43

Anonymoose wrote:Hey, I think Sweetness is an imposter - exercising the sarcastic side of their brain while appearing dim. I hope so, anyway! :lol:


No way!! Ya think?!?

Sorry, I couldn't resist! :lol:

Pro Bono

Postby Pro Bono » 2007 Sep 22 14:08

Lis73 Chuck has become bullit proof . Actually the has started laughing at the sickening comments that have been posted, but I know they have hurt. They hurt me.He finds the ignorance entertaining now. Chuck doesn't argue his point in these forums but has presented facts concerning low head dams.This is business with him now and he is addressing the dam as business.He tries to remove his personal loss and feelings in this issue , but at times they do float in.He is human. After Charles memorial service at Jordans Park, Chuck hugged me as we bid farewell looked me in the eye and said " No Other Child Will Die At That Dam " Regards, Pro Bono

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Stonewall
Site Admin
Posts: 128
Joined: 2007 Jun 11 03:26

Postby Stonewall » 2007 Sep 22 14:32

I have renamed the individual who changed username to be very similar to that of another, and have deleted postings that related to that confusion.

I have also eliminated the option to change one's username, at least for the time being. If you need to change your username, make a request by email to me and I will do so provided it is not misleadingly similar to that of another user.
Thanks for your posts! Stonewall, your administrator ... just an "empty suit."

resigned

Postby resigned » 2007 Sep 22 16:26

Thanks Stonewall for making the change. It doesn't take much to get me confused.

As for Chuck Volpe. I don't know him but have found all his postings to be very intelligent, sensitive and have also felt for him. I have found in life there are just some people who have forgot what the word civility means.

Here's hoping and praying that the kind of postings will stop. People can have their opinions but need to be understanding of others.

Pro Bono

Postby Pro Bono » 2007 Sep 22 18:03

Liz, I originally came to this forum at Chuck's invite. BTW now you know who I am. My purpose in this paricular "After The Dam Forum" is to see,discuss and to promote some constructive ideas about the future of the Dam and Jordan's Park. Yesterday, I called a old colleague of mine at Disney Cruise Line, to find out what companies design, build,maintain their water recreational sites onboard and shoreside. NOW, everyone hold on Micky is not coming to Lexington !!No Mega Water Worlds OK ? Micro, Micro. I wanted company names or if Disney has in house architects, designers that create, build and maintain their water facilities. I thought of Disney as their safty record is impeccable. I havn't shared this with Chuck yet. It was a IDEA. That's what this forum is about ideas and the future.

I know many of you have lived in Lexington all your lives, if not the majority. It's your HOME TOWN. I feel the same about mine as you do. I wish I could spray my Hometown with Freon and freeze it in time. But, I got older and more changes occured as I unfortunaltly aged. BUT I saw the city fathers zone and hold everything to a acceptable leval,including taxes. Chuck isn't a one man band here. Come on guys jump in with some ideas. Liz thanks for giving my Bro some TLC. But do remember Volpe in Italian means Fox. Where were you when I got divorced ? My Attorney didn't hug me. But my friend Chuck was always there with his friendship and advice. OK, finished with the mushy stuff.

Now we all have a little bit of child still left in us some more than others. I was or have been accussed of the Peter Pan Syndrome ( refers to grown men who don't grow up). So let that imagination combined with your life experiences come up with some ideas. Lets make this forum one for positive and shared thoughts and ideas. And please dont anyone start with Disney is coming to town. Happy Trails, Pro Bono

Wise One

Postby Wise One » 2007 Sep 28 12:41

Roberta Anderson of the News-Gazette wrote:City Response To Volpe Lawsuit
Friday, September 28, 2007 10:48 AM CDT

Claiming sovereign immunity, attorneys for the city of Lexington have asked that the lawsuit filed by the family of Charles Volpe against the city be dismissed.

Sovereign immunity is a legal term that means plaintiffs are precluded from bringing a lawsuit against a government without its consent. The city's response to the lawsuit cites the section of Virginia state code stating "no city or town which operates any park, recreational facility or playground shall be liable in any civil action" resulting from any injury.

Charles Volpe was 16 when he drowned while swimming in the Maury River on April 23, 2006. Volpe's body was located the next day on the downriver side of the Jordans Point dam. The lawsuit, asking for over $3.3 million in compensatory and punitive damages, was filed by the youth's father in early September.

The response to the Volpe lawsuit from attorney John W. Zunka of Charlottesville alleges that Volpe took a risk and was negligent, resulting in his own death. Zunka, who represents the city in the suit, mailed his response to the Rockbridge County Circuit Court on Sept. 25.

The response also denies that the city had prior knowledge that the dam posed a risk for serious injury to recreational users of the river, and that the city made no effort to warn these users of the risks posed by the dam.

Pro Bono

Postby Pro Bono » 2007 Sep 28 17:50

Ouch.. Most of the county will read that and probably a blip on T.V. about it. Hmmmm Sounds like a change of Venue to me. This will never make it thru the court house doors ( just my opinion). Bad thing about juror's no one ever really becomes a juror. Many ways out of jury duty.Most of the juror's now days are housewives ( Mothers) and retirees ( Grand Parents) and the disabled (many injured in Accidents). Thank God for Freedom of the Press.

ChuckVolpe

soveriegn immunity

Postby ChuckVolpe » 2007 Sep 29 04:28

Soveriegn Immunity is a very complex legal argument these days. It's not a broad swipe of a brush anynmore. When a municipality is warned of a danger or dangerous situation and don't act on it, they put themselves in a bad place to make the argumant. In this case over five years passed since they were warned, so it will be hard for the defendants to claim SI. However it is there only defense in this matter.

Pro Bono

Postby Pro Bono » 2007 Sep 29 12:52

Hey Chuck , John Zunker had to file something.Wasn't very imaginative reply, but really weak. But it was a reply. Looked at my Black's Law Dictionary ( Dad gave it to me 3rd edition) for Soveriegn. Just the word takes up page and a half. Mr. Zunker isn't up to speed with the complaint apparantly, maybe he should read this Forum ? Have a great week-end brother.

ChuckVolpe

Question about time frame

Postby ChuckVolpe » 2007 Sep 30 00:06

I didn't answer an earlier question about how long it took Tx to do the Rio Vista. They started in February 06 and it was completed by Memorial day that year. About four months. That's faster than the self check out at Krogers.

ChuckVolpe

Thanks

Postby ChuckVolpe » 2007 Sep 30 00:13

Thank you Beckonwood - I will continue to remain a gentleman throughout this. I will always be available to debate this and any other issue regarding this one on one, if anyone would like to show themselves in person. I have found that most of this group, with the exception of the folks I know personally are quite cowardly. Let me rephrase that. Most of the people on here that take cheap shots at me or my family instead of dealing with the question at hand are cowardly and will probably never reveal who they are. One has made the mistake of revealing themselves to a friend of mine and she has told me their name. I find it very sad that people like that have empty opinions, no facts at all, just ideas that mean nothing and are totally irrelevant.

va_mtn_lvr

Look at the facts

Postby va_mtn_lvr » 2007 Oct 03 14:02

Friends come and go but family will always be there for you, Chuck.
Fight your fight and know that we are behind you. We are all for
the Water Park and think it would add to the area in so many
ways. You have done a great job and if the officials don't see what
a money and tourist draw it would be, let them eat crow.
Live to Love, Love to Live - COV
Last edited by va_mtn_lvr on 2007 Oct 05 12:51, edited 1 time in total.

kantonburg

Postby kantonburg » 2007 Oct 04 17:00

Chuck,

I'm sorry to hear about your loss. I was at Jordan's Point last week for soccer practice and made a comment to my son while sitting on the bench that the the "swimming area" looked dangerous and after reading your site and doing a little bit of research I have to agree there is no gain for that particular dam being there.

harleygrl35

Postby harleygrl35 » 2007 Oct 06 14:49

I'm confused. Trust me, it's not a stretch. Apparently I missed out on someone once again slinging mud in the damn dam thread.
I haven't been here for a while, fighting this flu bug which just won't go away!
Hi Lis73, good to see that I'm not the only chick around here having to defend herself for having common sense. :wink:
I won't even venture a guess as to what/who must have gotten you all riled up. But ya know what they say about opinions right?
Keep pushing on Chuck and know that you have a community full of people who support you to the fullest!

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Amy Probenski
Posts: 436
Joined: 2007 Aug 28 17:06

Re: After the Dam

Postby Amy Probenski » 2007 Oct 30 23:14

Chuck Volpe's memorial site for his son has posted the Engineer's Report of Dam's Condition, which includes lots of information.

There are several options for repair, and conversion to a recreational chute, but I think that the best (and cheapest) option is to remove the dam.

:clap: Good riddance.

mbd52

Re: After the Dam

Postby mbd52 » 2008 Mar 21 11:58

So... who will be responsible for the accidents that can still happen in the water while tubing or boating? The city? The county? What will be next? Drain the river because someone got bonked on the head when his tube turns over? Or gets a sinus infection from getting a nose full of river water? I don't think this is the answer to anything. Perhaps removing the dam would remove a hazard and an attractive nuisance, but accidents will still happen and that particular spot in the river will be in the news for the next 5 years again.

As for "returning the river to its natural state". Wouldn't that be turning the clock back a hundred years or more? It seems to me that the environmental impact is beyond what any experts can assess.

What about another kind of dam that doesn't suck people under?

How many people have drowned downriver on the James at the intersection of 501 and 130? The warning signs are there in the water and boaters know to stay well away. Yearly, dozens of people tube and canoe from Glasgow to Snowdon and zip through Balcony Falls. The same goes for Goshen Pass. If someone gets hurt or drowns we don't see proposals for fencing off the river.
At Lynchburg and Amherst County the James also flows over an old Mill dam which occasionally claims foolhardy fishermen who try to walk across it. They are subsequently held under the water by the roll of the pounding water below the dam. The answer is not to go there.

I am sorry that Mr. Volpe lost his son is such a dreadful accident. But that is what it was an accident. I haven't seen a case for filling up the quarry hole off of McCorkle Drive. Don't kids dare each other to jump into Quarry holes too? And later their friends claim that the victim knew how to swim, etc...? Some kids try to walk trestles and get across before the train comes. So far no trestles have been dismantled because of the potential for accidents.

ChuckVolpe

Re: East Lexington's Dam

Postby ChuckVolpe » 2008 Mar 23 09:04

For those of you that have any dog in this fight - please attend the public forum at the high school April 1st - There are several really great speakers and Bill Blatter has several excellent options to present that we came up with that both save the dam and keep the deep water, but take away the danger. Isn't his what everyone wanted?

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Wise One
Posts: 1859
Joined: 2007 Nov 02 09:33

Re: After the Dam

Postby Wise One » 2008 Mar 23 15:47

mbd52 wrote:So... who will be responsible for the accidents that can still happen in the water while tubing or boating? The city? The county?
Public officials are obliged by law to exercise reasonable prudence and responsible custody over their property, especially including those that present a danger to the public. When they have done so, they shift any residual legal liability to careless users.

mbd52 wrote:Drain the river because someone got bonked on the head when his tube turns over? Or gets a sinus infection from getting a nose full of river water?
No.

mbd52 wrote:Perhaps removing the dam would remove a hazard and an attractive nuisance, but accidents will still happen and that particular spot in the river will be in the news for the next 5 years again.
Danger cannot be reduced to zero, but it can be reduced substantially ... that is the only obligation one has to, or can, satisfy.

mbd52 wrote:As for "returning the river to its natural state". Wouldn't that be turning the clock back a hundred years or more? It seems to me that the environmental impact is beyond what any experts can assess.
Restoring rivers to a natural state has many, many benefits and is favored by a growing proportion of the population.

mbd52 wrote:... Goshen Pass. If someone gets hurt or drowns we don't see proposals for fencing off the river.
Of course not -- such a proposal would be ridiculous, destructive and wasteful. This argument is a red herring, just as nobody is proposing that we cut all of Virginia's trees lest one fall on a passing pedestrian. DUH.

mbd52 wrote:... the James also flows over an old Mill dam which occasionally claims foolhardy fishermen who try to walk across it. They are subsequently held under the water by the roll of the pounding water below the dam. The answer is not to go there.
Or it could be closed to he public, or it could be altered to be made less hazardous, or it could be removed. Responsible people do not let attractive nuisances stand to claim additional lives. We fix them to reduce hazard -- fences around swimming pools, etc.

mbd52 wrote: Some kids try to walk trestles and get across before the train comes. So far no trestles have been dismantled because of the potential for accidents.
Wrong. Trestles taken out of train service are usually dismantled or otherwise rendered safe. The dam was taken out of service about a century ago but remains as a hazard to the public.
"If your only tool is a hammer, every problem looks like Donald Trump."

ChuckVolpe

Re: After the Dam

Postby ChuckVolpe » 2008 Mar 23 16:11

Because this is a City Park - proper signage warning of the dangers would suffice in removing the liability from the City. This was missing for many years.


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