Qtown's Negligence Voids Its Own Pool Warranty

The Free Press    September 14, 2006

The outdoor swimming season is over, but the problems are only beginning for Quakertown's municipal pool. You would think that after spending three million dollars on renovations, the borough would be very concerned about keeping it in great shape. But unbelievable negligence has made it the second biggest money pit in borough history, after the Krupp site. And, you, the taxpayers, will be stuck with the bill. Again.

Keep in mind that those renovations were only supposed to cost about $2.4 million. But due to the miscalculations of the borough's chosen architect, Ted Wallover, and a bunch of extras that should have been foreseen, the final price skyrocketed. And you, the taxpayers, were stuck. For about $700,000.

Then, the contractor who was required to provide the necessary labor and equipment fell so far behind schedule that Borough Manager Dave Woglom improperly assigned town employees, and town equipment, to do the construction work from February through June, 2004. At no cost to the contractor! You, the taxpayers, kicked in about $15,000 more. Then Woglom and council ignored the state laws on competitive bidding, and just handed out $94,000 worth of contracts for the pool cover, sod, excavating, and landscaping. Guess who got the bills.

And now, after all of that waste, and all of the hoopla, I have learned that our three million dollar pool is coming apart. Guess who is responsible. And guess who is going to pay.

The pool, manufactured by an Italian company called Myrtha, is constructed with a heavy-gauge liner. The company's website says, "Myrtha pool walls have a permanently laminated hard PVC membrane bonded to the low carbon stainless steel to ensure longevity and perfect waterproofing". It also carries "the guarantee of a maintenance-free lifetime". But Qtown's negligence has voided that liner warranty.

The pool has nine ladders, made of tubular metal, which are hung over the side. The short "legs" that support them are cushioned with white rubber caps. The purpose, of course, is to keep the metal from tearing the liner.

But over the course of the summer, many of those rubber caps fell off, and were never replaced. They were usually just fished out and piled on the pool deck. And there they remained, in full view of the many employees and administrators, and the borough manager. Meanwhile, the hard metal edges of the ladders were left to rub on the liner, unprotected.

The result was predictable. At least six of the ladders ripped the liner, causing long gashes to open. Woglom, and three councilmen, were shown the damage in early July. They did nothing. The rips continued, and got worse. Now, borough workers will have to drain the pool, and call in specialists to "liquid weld" the liner. And the worst part is - this is the second time this has happened! Myrtha repaired the exact same damage last year, and warned that if it occurred again, the warranty would be voided, and the borough (you) would be charged.

Incredibly, Woglom and council paid no attention this year. The caps fell off again, and were never replaced, even though the employees warned that the rips were starting, again. Now the borough is stuck with a very expensive repair, and no liner warranty, on a very new pool. And this one will be extremely costly. You will pay. Again.

Over on the union negotiating front, waste also continues to be the word. And, like the pool fiasco, you are paying this bill, too. During the most recent session, the sides spent 3 1/2 hours fruitlessly debating whether there must be "just cause" for terminating an employee. It sounds simple - of course there must. Your employer shouldn't be able to sack you for anything he pleases, with no reason at all, should he?

Well, borough council thinks they should. To be more precise, the attorneys from the firm of Reed Smith, advising council at $340 dollars an hour, think so. They know that the union will never, never give in on this. And they can spend weeks, or months, negotiating it. At $340 an hour. Like Reed Smith did for three years in Hatboro, until the frustrated citizens threw out council and elected new leaders who, in turn, threw out the attorneys.

Employment security is the heart and soul of why employees unionize anywhere. Protection from the whims of the bosses, like Woglom. Not having to worry that they are going to be canned for revealing his improper and illegal actions, that hurt everyone. Woglom is the guy who would benefit most from the ability to fire a worker whenever he chooses. And who is representing the borough at the bargaining table? Yep, him. According to the union's negotiator, Frank Bankard, they have asked for council members to be present, but have been denied.

P.S. Council President Dennis Hallman is a Bucks County union employee. He is protected by a contract that requires "just cause". But he refuses the same for his employees.

And how about this for return-to-the-dark-ages absurdity: council does not want to collect union dues from employees' pay (although they do so for the police). Apparently the alternative is to hand the workers cash, every week! Just like they did 100 years ago. Neither the union, nor the Reed Smith attorneys, know of anywhere else where this occurs today. Another laughable black eye for Qtown.

Unions can be every bit as tyrannical as the management they were organized to combat. But they are necessary in certain situations. Quakertown today, with an out-of-touch, namby-pamby council led by the nose by an arrogant, ethically-challenged manager, and big-billing attorneys, is at the top of the list. Council has brought this on themselves. But, of course, you pay.