TNRTA

The Town of Truro has just announced vacancies for coveted beach and recreation summer jobs for young adults. Many seasonal residents are eager to find these positions for their teenagers, 16 yrs. old and up. Applications and job descriptions are available at the Truro Town Hall, 24 Town Hall Road, POB 2030, Truro, MA 02666, (508) 349-7004, ext. 10, and on the Town website at the Jobs & Bids Page. Applications must be submitted to the Town Hall by 4:00 p.m. on Friday, May 25, 2012.

Meg Royka, Director of the Truro Library for the last decade, retires from her position on April 15, 2012. Meg has done a fantastic job in creating an accessible, modern and welcoming Library that make sure all residents of Truro can satisfy their love of reading. To honor her contributions to the Library, the Royka Book Fund has been established in her name. TNRTA is making a contribution to inaugurate this Fund, and asks all residents to consider making a personal contribution to this fund as well. Donations can be made by sending a check to Friends of the Truro Library: FOTL | PO Box 357 | No. Truro, MA | 02652 Attn: Royka Book Fund

Consistent with TNRTA’s previously expressed position, all eligible members of the State Legislature representing the Cape have jointly signed a letter this week opposing the proposed FAIR Plan increases. Text follows:

“We are writing in opposition to the homeowner insurance rate hikes proposed by the Massachusetts Property Insurance Underwriters Association (FAIR Plan). This request will affect more than 150,000 consumers, 60,000 of whom live on Cape Cod and the Islands. We believe this request is illegally excessive. The undersigned Cape Cod House of Representatives delegation stands united in strong opposition to the proposed increases. Please note that two members of our delegation are unable to join with us in signing this letter due to a ruling from the State Ethics that they are barred from testifying because they are insured through the FAIR Plan (Fair Access to Insurance Requirements).

The Massachusetts Property Insurance Underwriters Association (FAIR Plan) is designed to provide coverage at reasonable rates to consumers who cannot obtain it in the open marketplace. This includes about 60,000 families on Cape Cod and other coastal areas where insurance companies have shed business. It is a legal requirement that rates through the FAIR Plan cannot be excessive. The insurance industry is seeking the commissioner’s permission to raise rates for homeowners on Cape Cod by 6.7 percent. This is excessive and should be denied for the following reasons: The increases include a “profit- provision” add-on that alone equates to $15 million of additional annual profit. Between fiscal years 2007 and 2011, the FAIR Plan’s profit totaled more than $200 million; enough is enough.

The process to determine the rates is not transparent. Crucial information about how the rates are determined has not been released.

The risk assessment for the Cape and Islands is based on unreliable data. The proposed rate hike is largely based on undisclosed hurricane models that insurers claim predict the likelihood and damage of a major hurricane hitting Massachusetts. There is no transparency regarding the data used in the modeling, and the models have proved to be inaccurate based on actual storm damage.

The rates also include significant amounts for “reinsurance,” without providing justification for the projected costs of this coverage. The FAIR Plan pays to pass along its risk to other insurers by purchasing reinsurance, yet there is a lack of transparency and information about the role, amount and costs of the reinsurance.

Historical loss ratio data does not support the proposed rate structure. Over the years, Cape and Island homeowners have filed a low amount of claims while paying among the highest premiums. Recently, however, we have seen a return of the private market to the Cape and Islands, a depopulating of the FAIR plan, and some rate reductions by the forprofit private insurers. This trend by private insurers of writing more policies on the Cape and Islands and even reducing premiums flies in the face of the FAIR Plan’s request and is further evidence of why their request is unreasonable and should be denied.

For all of the above reasons we respectfully request you deny the FAIR Plan request for a rate increase.

Thank you for your attention to this matter. If we can provide any additional information, please let us know.

Sincerely,

Sarah Peake, Randy Hunt, Susan Gifford, David Vieira, Demetrius Atsalis”

The MA Land Court upheld the Truro ZBA ruling that Truro Adventures’ operations were impermissible for residential property. To quote directly from Judge Piper’s decision: “This decision, which does not prohibit Plaintiffs from renting their property, as is customary in Truro, but which does prohibit Plaintiffs from marketing and renting their property for the purpose of having those renters host large gatherings and weddings, is fully supported by the facts as I have found them, and is entitled to be sustained by the Court.” It is unknown at this time whether the DiGiovanni family, owners of Truro Adventures, will appeal or what further enforcement of this decision will follow.

The MA Commissioner of Insurance is considering approval of recently requested increases of up to 7% in the FAIR Plan, on which nearly half of Outer Cape residents rely for homeowner’s insurance. The Commissioner of Insurance is accepting public comments until February 29th. Along with others individuals and organizations who are part of the coalition for Homeowners Insurance Reform, TNRTA has filed the following letter opposing this increase and urges all those who may be concerned about this increase to write to the Division of Insurance to express your views before the deadline, February 29th. Please make sure to reference Docket No. R2011-02.

We have made progress, finally, in getting the underlying problem in establishing reasonable FAIR Plan insurance rates in MA addressed: the hurricane and “wind event” models which insurers use are not related to what actually happens on the Cape or elsewhere in Massachusetts. With the energetic assistance of State A.G. Martha Coakley, this is now getting attention and action. So it is a good time to let the Division of Insurance know your views. If inclined, send your comments before Feb. 29, 2012 to:

Jean Farrington and/or Stephen Sumner
Presiding Officer, Hearings and Appeals
Division of Insurance
1000 Washington St., Suite 810
Boston MA 02118-6200
RE: Docket No. R2011-02

Click here for a copy of TNRTA’s letter to the Division of Insurance. Our Cape legislative delegation is also supporting our position, and will file their own joint opposition with the Division of Insurance.

After years of urging, we are happy to report that the MA Attorney General on Nov 17th issued a strongly-worded letter to the state insurance rating bureau. In part, Attorney General Martha Coakley said: “We write to you to express our ongoing concern regarding homeowners insurance premiums in Massachusetts and, in particular, the use of unproven and in some cases discredited hurricane models to justify excessive voluntary market rates . . . The situation remains troubling.” Cape and Islands lawmakers have recently filed legislation calling for increased scrutiny of hurricane forecasting models and more transparency in how insurance rates are determined. The Fair Plan has also recently filed for a 7.4 per cent rate increase statewide and a 6.7 per cent rate increase for Cape Cod and the Islands. Private insurers remain reluctant to enter the MA market as well for a variety of reasons, including risk assessment based upon the very forecasting models Coakley and Cape legislators have challenged. The state rating bureau hearing has been rescheduled for Jan. 19, 2012.

The ZBA will hold a brief open meeting on Dec. 19th, at 7 PM at the Truro Safety Facility to implement court orders concerning the Kline house. The Supreme Judicial Court (SJC) recently declined to hear an appeal of the Kline family seeking to overturn the prior Appeals Court and Land Court rulings that established the Town Building Inspector improperly and illegally issued a building permit to the Klines for construction of their 8500sf home on Stephens Way. The Appeals Court also ruled that the Kline house was not an alteration of the pre-existing house owned by Kline at another location on their property. The SJC refusal to hear an appeal leaves these Court rulings intact, and effectively requires the ZBA to ensure in a timely manner that the Building Inspector is instructed to comply with the Courts’ decisions. No public comment period is anticipated.

As part of a plea agreement, former Truro Police Chief John Lundborn admitted to sufficient facts in Plymouth Superior Court on December 6 to establish OUI while driving and crashing a Truro Police Cruiser on October 14. According to the Cape Cod Times, ” the district attorney has enough evidence that if the case went to trial, there could be a guilty finding.” Instead of going to trial, Lundborn pled to a first-time DUI offense, was placed on probation for one year, required to attend a driver alcohol education program at his own expense, and has had his driver’s license suspended for 45 days. If Mr. Lundborn violates probation or is arrested within this probationary year, the case can be re-opened and Lundborn sentenced thereafter. The matter was continued without finding for one year.