A new borough regulation requires Bergenfield residents and outsiders who use the parks in Bergenfield to produce insurance, a situation which did not sit well with some council members and residents.
Under the measure, those wishing to hold a picnic, party or other group event in either Memorial Park or Cooper’s Pond will have to show proof of homeowner’s or renter’s insurance when they apply for permits.
The new regulation actually went into effect several months ago, but some members of the governing body have questioned the policy and have asked for further study.
A discussion about the new regulation was expected to take place earlier this week at the governing body’s work session.
Virginia McCarthy of McCarthy and Forde, the borough’s risk managers, made a presentation on the new regulation before the council’s public meeting last week.
Forde explained to the governing body why it needed to start demanding that anyone who uses Bergenfield parks — whether they live in or outside the borough — to provide insurance and to sign "hold harmless" agreements to use the facilities.
"This is standard procedure," Forde told the officials.
"People in town will be uncomfortable with this," she said, "but it is a rule."
Forde said the Bergen County Joint Insurance Fund requires municipalities to abide by that measure.
"It is our responsibility to inform you of the rules," she said. "Enforcing this will protect the mayor and council, the employees and the taxpayers."
Some members of the governing body, however, did not see it that way and expressed their displeasure with the rule.
Councilman Dennis Mulligan said that in his 40 years of living in the borough, he had never heard of an incident where the borough was sued because of an accident happening in the parks.
"I can’t see asking our taxpayers for homeowners insurance (to use the parks)…telling a family who wants to have a picnic that they have to show homeowners insurance, I can’t see it," he said.
Mulligan asked Forde to provide statistical data that would back up the need to enforce the regulation.
Councilwoman Elaine Rabbitt also disagreed.
"What you are saying is, if I want to have a party in the park, I can lose my home," she said.
"Why open this can of worms?"
Forde responded that even without the policy, a lawsuit could result in the event of an accident.
"This is New Jersey, and you will be sued," she said. "A lawsuit is going to happen anyway."
"The goal here is to place the borough in the best possible position if something happened."
Borough resident Diana Flagg asked about the borough’s many apartment renters and how the policy could affect them.
Forde responded that they would need to provide renter’s insurance if they wanted to hold an activity in the parks.
"You are saying that they can’t use the parks?" Flagg said. "A lot of people are barely making it. That is why they are living in apartments."
The new regulation is already having an impact on local organizations.
Clara Nibot president of the Bergen County Hispanic Republican Organization and a 38-year borough resident, said late last week that she had to cancel her organization’s annual picnic in Memorial Park, an event the group has held there for the past 15 years.
"I decided to cancel the picnic in Bergenfield when I was told that I needed to provided my homeowner’s insurance policy as a condition to get the permit," she said.
"In addition," she said, "the town wanted to charge me an additional $75 refundable fee plus $200 for the expected turnout."
Nibot said that she was under the impression that the $200 fee covered the insurance for the event.
"I will not provide my homeowner’s insurance policy as liability at the risk of increasing my premium plus assuming a liability that could potentially bring me financial ruin," she said. "The borough should use the fee to cover the insurance for the four-hour picnic."
Nibot then said that the group is "now in the process of looking for an alternative location for the picnic."
"And I feel bad for the many residents of Bergenfield that participated for years," she said.
Statistical information on renting in New Jersey, released in an earlier report, indicates that in 2005 the state’s average renter insurance was $179, while the average premium for homeowner’s insurance was $682.
Mayor Timothy Driscoll said that the borough instituted the new regulation in order to comply with the Joint Insurance Fund
"If we don’t do this they could tell us to find a new insurer," he said.
Driscoll stressed the need to shift liability for private gatherings away from the borough and toward the people who organize them.
The mayor said the liability for such private events should not be placed on taxpaying residents.
Former Mayor Richard Bohan strongly urged the council not to enforce this policy.
"I think this is wrong," Bohan said. "We should watch what we are doing, and leave the people alone."
Council members said they would consider issuing an insurance waiver to individuals or groups that show that the requirement is burdensome.
They were informed during the presentation that any exceptions would require council approval before the event takes place.
