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Report of the superintending school committee of the Town of Lee, N.H. for the year ending (1977-1978) online

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152.07 :
.48 i

.977



Annual Reports



of



THE TOWN OF



LEE



NEW HAMPSHIRE



For The Year Ending



DECEMBER 31st, 1977



Universmj of
Uevj Hampshire



ANNUAL REPORTS

of the
TOWN of LEE
NEW HAMPSHIRE



For the Fiscal Year ending
DECEMBER Jl , 1977



Printed and Bound By
Newmarket Press, Inc.
Newmarket, N.H.



TABLE OF CONTENTS

Town Officers 5

Minutes - 1977 Town Meeting 7

Financial Report 20

Schedule of Town Property 26

Summary of Inventory 27

Selectmen's Report of Expenditures 28

Summary of Payments 39

Revenue Sharing Report 40

Report of Treasurer ^■l

Report of Tax Collector 4^

Report of Town Clerk ^8

Report of Library Trustees 48

Report of Zoning Board of Adjustment 50

Report of Conservation Commission 51

Lee Town Road Aid 51

Reports of Town Officials, Commissions,

and Boards 53

Vital Statistics 71

1977 Property Valuation 76

Town Warrant — 1978 see insert

Town Budget - 1978 see insert

Auditor's Certificate see insert

Audit of Revenue Sharing see insert

Report of the District Fire Chief see insert

Report of the Lee Fire Department see insert



TOWN OFFICERS

MODERATOR: Everett Sackett, 1978

BOARD OF SELECTMEN: Karen Curtis, 1978, Shirley Clark, Chairman, 1979
Wallace Dennis, I98O

TREASURER: Donna Eisenhard, I98O

TOWN clerk/tax COLLECTOR: Joseph F. Issa, 1978

DEPUTY TOWN CLERK/TAX COLLECTOR: Virginia Ward

SUPERVISORS OF THE CHECKLIST: Hazel Walden, Constance Rice,

Hannah Chadbourn

TRUSTEES OF THE TRUST FUND: Renata Dodge, Chairman, 1979, Frank

Walden, 1979, Meridel McCabe, I98O

LIBRARY TRUSTEES: Ann Hatch, Laura Gund, Janet Dauphinais

LIBRARIAN: Helen MacDonald

ROAD AGENT: Lloyd Stevens, I98O

AUDITORS: Aaron Chadbourn, 1978 Inez Bromage, I978

BUILDING INSPECTOR: Gerald Preston HEALTH OFFICER: Gerald Preston

DOG OFFICER: John Cotter

STRAFFORD REGIONAL PLAIJNING COMMISSION: Aaron Chadbourn,

Ralph Granger



POLICE DEPARTMENT: Brian Burke, Chief
Lloyd Wood
Charles Fuller
Allan Dennis
James Heald



Bruce Binnie, Cpl
Brian MacLean
William Williams
Stephen Johnson
William Stetson



FIRE DEPARTKENT : G. Michael Main, Chief
Lawrence Frilling, Lt .



Roger Comeau, Captain
Paul Cathcart, Lt .



ZONING BOARD OF ADJUSTMENT: Ralph D. Booth, Jr., Chairman

Sally Barney, Clerk Everett Sackett W. Scott Gibb

Dale Swanson George Goodridge* Lewis Jennison*

*alternate



PLANNING Board: Paul Biship, Acting Chairman
Allice MacKinnon Secretary Charles Bennett
Robert Keniston, Sr. Jeffrey FitzGibbon

^alternate



Russell Valentine
Thomas Neff*



CONSERVATION COMMISSION: Robert LeBlanc, Chairman

Jeannette Roberts, Secretary Thomas Neff Charles Brady

David N. Allan Jean Brown

RECREATION COMMISSION: Judith Towle, Chairman
Stacey Camire, Secretary Betty Poulton
Inez Bromage Charles Howarth



SOLID WASTE DISPOSAL COMMITTEE: Karen Curtis,
William R. Jones, Secretary W. Scott Gibb
Roland Cathcart James Leitz

ADVISTORY BUDGET COMMITTEE: Ralph D. Booth,
Joseph Ford, Secretary Sara Gilsdorf
Lorraine St. Jean Meridel McCabe



Selectman, ex officio



Jr., Chairman

Joseph Issa

Wallace Dennis, Selectman,
ex officio



MINUTES OF TOWN MEETING
March 8, 1977

The meeting was called to order at 10:00 AM by Moderator Everett
B. Sackett who then proceeded to read the first four articles of the
Town Warrant. After the reading of the articles of the warrant, a
motion was made by Mrs. Chadbourn and seconded by Mr. Keniston, to
recess the meeting after announcing the results of the voting until
Wednesday evening, March 9, 1977 at 700 PM at the Mastway School.
This motion was approved unanimously by those present.

Three challenges pertaining to legality were submitted by
Daniel St. Jean and one request for a proper ruling by Lorraine
St. Jean. Since these required research of the R.S.A.'s, the
moderator declared the polls open for voting and promised an early
decision on the above actions.

Four hundred twenty (420) ballots were cast with the following
results:

Article 1. (Town Officers)

Selectmen for three years:

^Wallace E. Dennis 328 votes

(un-opposed)

Treasurer for three years:
*Donna F. Eisenhard 3^1 votes

Road Agent for three years:
Jerone Canney, Jr. 6k votes

*Lloyd F. Stevens 336 votes

Auditor for one year (two vacancies):

* Aaron W. Chadbourn 326 votes

* Jean D. Ouellette 295 votes
Library Trustee for three years:

*Laura Gund 375 votes

(un-opposed)



Library Trustee for one year:
*Janet H. Dauphinais 360 votes

(un-opposed)

Trustee of Trust Funds for three years:

*Meridel N. McCabe 323 votes

(un-opposed)

Advisory Budget Committee for one year (two vacancies):

^'■Joseph P. Ford 310 votes

^Joseph F. Issa 355 botes

Advisory Budget Committee for two years (two cacancies):

"!-Sara-Lynn Gilsdorf 212 votes

"Lorraine St. Jean 208 votes

Advisory Budget Committee for three years (two vacancies):

Bruce A. Binnie 133 votes

*Ralph Booth 314 votes

*IVIeridel N. McCabe 20? votes

^declared elected

On Question #1 of the proposed changes to the zoning ordinances,
which reads: Are you in favor of the adoption of Amendment No. 1
as proposed by the Planning Board for the town zoning ordinance
which limits the number of building permits issued for new residential
structures in one year to three percent of the existing dwelling units?
Yes 25k No 157

On a notarized "protest petition" received prior to voting and
signed by owners of approximately one-third of the total acreage of
the town, a two-thirds majority is required for the passage of this
amendment. Since the vote represented 6l.8?5 majority, this
amendment was defeated.

On Question #2 of the proposed changes to the zoning ordinances
which reads: Are you in favor of the adoption of Amendment #2 as
proposed by the Planning Board for the town zoning ordinance which
prohibits the construction of any permanent or temporary dwelling
within one hundred (100) feet of the shores of the Lamprey
River, Little River, North River, and Oyster River:

Yes 280 No 132 This amendment was adopted.



On referendum Question #1: Shall we adopt the provisions of
72:'^3-b and 43-c for expanded exemptions on real estate which provide
for a resident 6S years of age up to 75 years, a five-thousand dollar
exemption; a resident of 75 years of age up to 80 years, a ten-thousand
exemption; a resident of 80 years or older, a twenty-thousand dollar
exemption, provided that the resident owns the real estate individually,
or jointly with another, or his spouse with whom he has been living
for at least five years as man and wife; and said resident had a net
income of less than $7000 or a combined income with spouse of less
than $9000; and owns assets of any kind, tangible or intangible,
less bonafide encumberances, not in excess of thirty-five thousand
dollars?

Yes 343 No 68 This questions passed.

The challenges pertaining to legality, and the request for a
proper ruling and the decisions are as follows, though not
necessarily in the order in which presented.



Daniel St. Jean
Demerritt Avenue
Lee, N.H. 0382^^

To the Moderator, Everett Sackett:

1 would like to challenge the legality of Article k of the
1977 Lee Town Warrant which is to combine the office of Tax Collector
with the office of Town Clerk. According to R.S.A. 4l:^5-a, such
an article must be placed in the warrant by petition and therefore
I feel it is an improper warrant article.

Respectfully yours,
Daniel St. Jean



MODERATOR'S REPLY

R.S.A. 39:2 provides for Selectmen to prepare the warrant for
a town meeting. The law does not limit the legal articles they may-
include. Generally, the provision for petitioning an article is to
give a means of getting an ai-ticle in the warrant which the Selectmen
are un-willing to include.

E.B. Sackett
March 8, 1977

Daniel .3 • .

Demerri : •

Lee, N.H. 03«2^

To the Moderator, Everett Sackett

I would like to challenge the legality of placing the Contingency
Fund under Article 5 of the 1977 Lee Towii Warrant. Where there is a
separate law (R.S.A. 31-'^) governing the establishment of a
contingency fund, I believe it should be a separate warrant article.

Respectfully yours,
Daniel St. Jean

MODERATOR'S REPLY

R.S.A. 31-4 "Towns may at any legal meeting grant and vote such

suins of money as they judge necessary for the following purposes

^3 items listed, a comprehensive list covering everything for which
a town may make an appropriation.

E.B. Sackett
March 8, 1977



Daniel St. Jean
Demerritt Avenue
Lee, N.H. 0382^+

To the Moderator, Everett Sackett:

I would like to challenge the legality of Article 32 of the 1977 Les

Town Warrant as to the proper procedure for enactment of ordinances,

Respectfully yours,
Daniel St. Jean

MODERATOR'S REPLY

R.S.A. 31:^5 says "By-laws are subject to the same procedure as
ordinances. Where hearings are required, as for zoning, the
requirement is spelled out in the section of the law dealing with
function of town government.

E.B. Sackett
March 8, 1977

Lorraine St. Jean
Demerritt Avenue
Lee, N.H. 03824

To Everett Sackett, Moderator:

I have reason to believe an attempt will be made to adopt a
cooperative recreational arrangement between towns (R.S.A. 31-50A
and R.S.A. 53-A) under Article 5 of the 1977 Lee Town Warrant, but
becuase I have not been properly warranted (R.S.A. 39=2) to the
subject matter of all business to be acted upon at the town meeting
and therefore cannot challenge Article 5's item "Recreation" when
it comes to the floor, I have presented this to you in advance in
order to allow you the opportunity to research this and make a
proper ruling.

Respectfully yours,
Lorraine St. Jean



MODERATOR'S REPLY

There is nothing in the warrant instructing or limiting the
means by which the recreation agency is to spend its money. There
is no provision in the warrant for a legal and binding agreement
between Lee and other towns, such as is provided for in R.S.A. 53-A.

E.B. Sackett
March 8, 1977

The polls were declared closed at 7:00 PM and the town meeting
recessed until 7=30 PM, Wednesday evening, March 9 at the
Mastway School. After announcing the results of the voting to those
present, the moderator administered the oath of office to the
following elected officials: Donna F. fiisenhard, Treasurer;
Lloyd Stevens, Road Agent; Jean Ouellette, Auditor; Sara-Lynn
Gilsdorf, Lorraine St. Jean, and Joseph F. Issa, Budget Committee.

A True Copy, Attest
Joseph F. Issa
Town Clerk, Lee



Article 5



TOTAL APPROPRIATION



Town Officers' Salaries

Town Officers' Expenses

Election & Registration

Town Hall & Other Buildings

Employees' Ret. & PICA

Contingency Fund

Police Department

Fire Department

Conservation Commission

Insurance

Planning & Zoning

Legal Expenses

Health Officer's Salary



$ 8,000.00
10,000.00

2, 750.00
4,500.00

'^, 000.00

1,800.00

28,911-00

6,865.00

50.00

6,000.00

1,800.00

1,500.00

200.00



12



Vital Statistics 50.00

Town Dump 14,625.00

Highway Department 30,000.00

General Expenses of Highway 5,000.00

Library 4,635.00

.vn Poor 9,000.00

. : Aj;e Assistance 1,000.00

Recreation 2,300.00

Cemeteries 2,500.00

Dog Care & Dog Officer's Salary 1,000.00

Tntere:^t on Temporary Loans 3.500.00

:X 55,000.00

TOTAL $204,986.00

The above sums were voted on and approved by voice vote. Article 5
was adopted.

Article 6 To see if the town would vote to appropriate the

sum of $5,000.00 as Capital Reserve for fire department
equipment. Adopted by a voice vote.



... 'Ic^e \ To see if the town would vote to appropriate the sum
of $1500.00 to be used for installation of rest rooms
in the new fire station. Adopted by a voice vote.

Article 8 To see what the town wishes to do with any surplus

monies left from the Snell Road Bridge reconstruction
project. Original motion and motion 10 amend by
Mrs. St. Jean. Tabled until after Article 32 by a
voice vote.

Article 9- To see what sum the town wishes to deposit with the

Trustees of Trust Funds as Capital Reserve for meeting
expenses attendant with R.3.A. 125:78ff. Action
postponed o:i this article until after Articles 10 and 11,
both of which could affect the action to be taken on this
article .



13



Article 10 To see if the town will vote to appropriate the sum
of $2,000.00 as Lee's share of the feasability study
in cooperation with surrounding towns as stated in the
warrant. After much discussion and clarification, this
article was adopted.

Article 11 After much discussion, it was voted to take no action
on this article .

Article 9 Returning to this article, in view of the direction
for the feasability study, it was voted to take no
action on Article 9.

Article 12 Co see if the town would vote to appropriate the
sum of 45582.48 for the construction of Class V
highways under the provisions of TRA so-called.
The State is contributing the sum of $3,883.22;
i$^82.k8 is the town's share. This article was adopted.

Article 13 To see if the town will vote to appropriate the sum

of $10,747.63 of Revenue Sharing Funds to be expended
as follows: Renovation of Town Hall, interior,
$5,000.00; Capital Reserve for Town Offices, $4,7/4-7.63.
This article was defeated. Motion made by Daniel
St. Jean that the above sum of $10,747.63 of Revenue
Sharing Funds be applied toward the purchase of tax
maps was adopted.

Article 14 To see if the town will vote to appropriate the sum

of $1350.00 for the Strafford Regional Planning Commission
This was adopted.

Article 15 To see if the town will vote to appropriate the sum

of 1316.00 for the Oyster River Home Health Association..
This article was adopted.

Article 16 To see if the town will vote to appropriate the sum
of $500.00 for the Newmarket Health Center, Inc.
This article was adopted.



14



r.L'[,icl^ ^, To see if the town will vote to appropriate the sum of
$1100.00 for the Durham Ambulance Corps. This article
was adopted .

Article 18 To see if the town will vote to appropriate the sum of

whatever is decided for the Seacoast Regional Development
Association. This article was defeated.

Article 19 To see if the town wishes the planning board to include
the regulation of campgrounds and gravel pits under
R.S.A. 36:19a- A ballot vote resulted in the defeat of
this article.

Yes 92 No 102

Article 11 This article was re-opened under a new motion, namely
"That the town vote to authorize the Selectmen to
withdraw from Capital Reserve Funds, set up for meeting
expenses attendant with R.S.A. 125:78&ff, a sum not to
exceed $40,000.00 to be used for or in conjunction with
ending open-dump burning." This was adopted.

Article 20 To see if the town will vote to appropriate the sum of
$9252.37 to be added to Revenue Sharing Funds of
$10,747.63. already voted for tax maps under Article 13 .
Amendment by Mrs. Clark to add $20,000.00 for re-assessment
to this figure was defeated. Origiiial motion to
appropriate $9252.37 for tax maps was adopted.

icle 21 To see if the town will vote to re-open High Road to
the Epping line. This article was adopted.

Article 22 The original request of $2000.00 was amended to

$1898,00 by Brian Burke and this article was adopted.



15



Article 23 To see if the town would vote to hire another full-time
police officer. No funds were appropriated and this
article was defeated .

Article 2>^ To see if the town would vote to appropriate the sum of
$250.35 for membership In the i\lew Hampshire Municipal
Association. This article was defeated.

Article 25 To see if the town would approve electing members of the
Planning Board in accordance with the provisions of
R.S.A. 3o-A, paragraph 11, sub-paragraph b, (2) and
(3). This article was defeated.

Article 26 To see if the town would vote to accept the Old South

Lee Railroad Building for a town museum as a gift
from the Lee Historical Society. This article was
adopted .

Article 2? Motion made by Mr. LeBlanc asking the town to vote
to raise and appropriate the sum of $31,000.00 to
purchase the Gund property on Wednesday Hill Road.
Breakdown: $1^)-, 000. 00 from taxes, $15,500.00 from
the Bureau of Outdoor Recreation, and $1,500.00
from the Lee Conservation Commission (voted last year
and un-expended) . Amendment by Mrs. Sanborn for the
Lee Conservation Commission to be authorized to borrow
the sum needed to buy said property on Wednesday Hill
Road to be paid off on a five-year loan. This
amendment was adopted however, later investigation
found this amendment to be illegal.

Article 28 This article tabled due to action taken on Article 2?.



16



Article 29 Adopted as presented in the warrant.

Article 30 To see if the town will authorize the Selectmen to sell
property acquired through tax collector's deeds and
surplus equipment at public auction, and after being
offered at public auction, to sell remaining property
by private sale. A motion made by Mrs. St. Jean to
amend Article 30 to read: To see if the town will
authorize the Selectmen to sell property acquired
through tax collector's deeds at public auction" was
defeated by voice vote however, a motion to amend
Article 30 by adding the words' or by sealed bids'
after the words public auction was adoptea.

..rticle 31 This was adopted as presented in the warrant.

;.rticle 32 To see if the town will vote to accept as ordinances
the regulations put into effect by the Selectmen
pertaining to racetracks, parking, and the town dump.
A motion was made by Mrs. Clark to divide the question
for voting on the race track regulations. Motion was
passed and it was voted to make the race track
regulations a town ordinance. A motion that dump
permits be issued free of charge by Mrs. St. Jean was
defeated. The dump and parking regulations were then
voted on and this article was adopted.

Article 2? ?his article was re-introduced with considerable

objections and much discussion. Objectors claimed
that action had already been taken on this article.
The objections were overruled by the Moderator and
his decision was upheld by voice vote. The Moderator's
ruling was "that i' was a different proposition
whether it was voted to buy on borrowed money or
cash." The motion 'to buy for cash' was defeated.

..rticle 8 This article was re-introduced, as previously voted,

after Article 32. An amendment, previously introduced
by Mrs. St. Jean "to change the original motion which



17



provided for putting this money in a trust fund for
the highway department to taking the 4510,332.26 left
from the Snell Road Bridge and use this money to re-
duce the amount to be rais^jd by taxes in 1977 • This
amendment was defeated by card vote.

Yes 5^ No 93

The motion 'to put the money in a trust fund for the
highway department' was adopted.

Article 28 To see if the town will vote to raise and appropriate

the sum of $1500.00 for the Lee Conservation Commission.
On a motion made by Mrs. St. Jean, it was voted to table
this article until next year.

Article 33 Moderator: "Any action under Article 33 is merely to
express an opinion."

Mr. Weyrick: "I have a resolution to propose to the
town, with a list of fifty-two voters approving the
resolution, that the town vote to express disapproval
of the practice of invoking a two-thirds voting re-
quirement to approve proposed planning regulations by
petition of twenty percent or higher proportion of
landowners. When this is done at such a late time, it
is not possible to forewarn vomers of the implications
of this requirement either by prior publication or
by instructions to voters at the polls." This
resolution was adopted by voice vote.

It was at this time that Mrs. Clark, speaking for
herself and Mrs. Curtis, suggested that a vote of
appreciation be given to Robert Keniston, Sr. for
serving as Selectmen and helping them over many of the
rough spots. A standing ovation was given to Mr.
Keniston by all those present for his long and unselfish
service to the Town of Lee.



Mr. Tandy protested that a resolution adopted under
this article last year, namely, "that future town
meetings be opened with a prayer and the Pledge of
Allegiance to the Flag" were not carried out. The
reply of the Moderator was "that anything taken up
under this article was just an expression of opinion
and that he was not in favor of it. If you wanted to
go to church, there is a church service every Sunday
and that we come to the town meeting to do town
business .

A motion to adjourn was made, seconded, and adopted.
Meeting was adjourned by the Moderator.

A more detailed record of these minutes is on record
at the office of the Town Clerk for those who may wish
to seek clarification on any particular point.



Joseph F. Issa
Town Clerk, Lee



19



FINANCIAL REPORT

Fiscal Year, Ended December 31. 1977

BALANCE SHEET

ASSETS



Cash

In hands of Treasurer
In Revenue Sharing Fund
In Conservation Commission Fund
TOTAL



$196,979.51

18, 7'^'^. 62

^. 033 -71



Accounts Due the Town
Gas sold to State Police
Road Toll Refund

TOTAL



214.59



$ 453.1



Unredeemed Taxes
Levy of I976
Levy of 1975
Levy of 1974



TOTAL



30,796.98

9, 64b. 64
962.65



Uncollected Taxes

Levy of 1977 (incl. Resident taxes ^

Levy of 1976

Levy of 1975

TOTAL



$362,527.36

730.00

70.00



GRAND TOTAL ASSETS

Current Surplus, December 31, 1976 $ 92,370.98

Current Surplus, December 31, 1977 $ 94,993-92
Increase of Surplus - Change in

Financial Condition $ 2,622.94



20



LIABILITIES

Accounts owed by the Town

Unexpended balance of special appropriations
Solid Waste Disposal



Committee


$


76-^.20




Regional Solid
Waste Study




673.00




Police Station -








Renovations




764.5^




Tax Maps


9


.252.37




Transfer Station


5


,070.23


$ 10,524.34



Unexpended, but committed Revenue

Sharing Funds (1977) $ 7,567.92



Unexpended Revenue
Sharing Funds



11,176.70



$ 18,744.62



Yield Tax Deposits

School District Tax Payable



72.00
$356,889.78



rax Anticipation Notes Outstanding

Durham Trust Co. -(due I/15/78) $ 80,000.00
Durham Trust Co. -(due I/I5/78) 50,000.00



Other Liabilities












Federal Anti-
Recessionary grant $


502.00










Legal expenses


2,965.00










Fire Dept . (remainder
of '77 appropriation)


763.22










Interest on Temporary
Loans


989.58










Bookshelves -Selectmen 's
Office


500.00


$


5. 719. 80






TOTAL ACCOUNTS OWED BY THE TOWN






$527,950


• 9^


CURRENT SURPLUS








94,993.


.92


GRAND TOTAL








$622,944


.48



21



RECEIPTS AND PAYMENTS
RECEIPTS:

CURRENT REVENUE:

From local taxes

Property taxes (1977) $297,3^^-12

Resident taxes & penalties 9,^21.00

Yield taxes 293-21

National Bank Stock taxes 10.00

TOTAL CURRENT YEAR'S TAXES COLLECTED $307,068.33

Property & Yield taxes -

Prior years $23^,642.18

Resident taxes 1,150.00

Interest on Delinquent taxes 5,^1-22.23

Penalties - Resident taxes 104.00

Tax Sales Redeemed 29,^92.75

From the State

Highway subsidy 10,925.66

Interest & Dividends tax 8,332.7^

Savings Bank tax 472.72

Reimburse - a-c road toll 196.37

Meals & Room tax 14,022.4?

Reimburse a-c Business Profits tax 7,918.68

Gas sold to State Police 590.95

Use of Equipment 48.00

Governor's Crime Commission Grant 1,106.00

From Local Sources, except taxes:

Dog Licenses 662.85

Business Licenses, Permits

& filing fees 1,141.00

Rent of Town property 90.00

Interest received on deposits 1,582.78

Income from Trust Funds 1,243.27



Income from departments
Motor vehicle permits

(1977 - $3^,^01.50;



381.24
36,210.00



TOTAL CURRENT REVENUE RECEIPTS



$662,804 22



RECEIPTS OTHER THAN CURRENT REVENUE:
Proceeds of tax anticipation

loans 230,000.00

Insurance Adjustments 2,149.20

Refunds 33-24

Withdrawals from Capital Reserve 40,000.00

Sale of Town property I50.OO

Yield tax security deposits 72.00
Grants from the USA:

Revenue sharing 4, 161.43

Anti-recessionary grant 502.00

Telephone commission 8O.O8

Copy machine income 26.95



TOTAL RECEIPTS OTHER THAN CURRENT REVENUE
TOTAL RECEIPTS FROM ALL SOURCES
Cash on hand January 1, 1977
GRAND TOTAL



$277,174.90
939,979.12
122,175.42

1,062,154.54



PAYMENTS



Current Maintenance Expenses;

General Government

Town officers' salaries
Town officers ' expenses
Electioii & Registration
Town Hall & Other Bldgs,



9,291.97
9,989.56
2,622.22

3,579.44



23



Protect of Persons & Property


1 3 4 5 6 7

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