May 28, 2020

LEGAL NOTICES


PLEASE NOTE:  Legal Notices are “perfected” by publication in the county’s designated newspaper, The Miller Press.

Any differences between the content here and those in the Miller Press are not intentional and the published version shall be considered official.  These notices are here as a matter of law and courtesy.


Posted May 11, 2020

Images of Sample Ballots to be published in the Miller Press as required by law.

Posted May 4, 2020

NOTICE OF PRIMARY ELECTION

A Primary Election will be held on Tuesday, June 2, 2020 in all the voting precincts in
Hand County. The election polls will be open from seven o’clock a.m. to seven o’clock p.m. central daylight savings time on the day of the election.

The polling place in each precinct of this county shall be as follows:

Precinct # 1 (including Precinct 3) The Townships of Alden, Alpha, Campbell, Fairview, Florence, Greenleaf, Harrison, Howell, Ontario, Park and Spring will vote at the Polo School

Precinct # 2 The Townships of Carlton, Linn, Plato and Wheaton will vote at the St. Mary’s Church Hall, Zell

Precinct # 5 (including Precinct 8) The Townships of Cedar, Como, Midland, Ree Heights, Riverside, Rockdale and Spring Hill and the Town of Ree Heights vote at the Ree Heights Auditorium

Precinct # 6 (including Precinct 4) The Townships of Burdette, Hiland, Holden, Pearl, St. Lawrence and York and the Town of St. Lawrence vote at the St. Lawrence Fire Hall

Precinct # 7 The Townships of Gilbert, Grand, Hulbert and Rose Hill and that part of Wessington west of the Hand/Beadle County line will vote at Doug Schiltz home, 19951 369 Ave., Wessington

Precinct # 9 (including Precinct 10) The Townships of Bates, Glendale, Logan, Mondamin, Ohio, Pleasant Valley and Spring Lake will vote at the Sunshine Bible Academy

Precinct #11 The East ½ of Miller City (from Broadway east) will vote at the Methodist Church

Precinct #12 The West ½ of Miller City (from Broadway west) and Miller Township will vote at the Hand County Courthouse Assembly Room.

Voters with disabilities may contact the county auditor for information and special assistance in absentee voting or polling place accessibility.

Dated this 5th day of May, 2020.

Doug DeBoer
Hand County Auditor


Posted April 28, 2020


Posted April 21, 2020

NOTICE OF DEADLINE FOR VOTER REGISTRATION

Voter registration for the Primary Election to be held on June 2nd, 2020, will close on May 18, 2020 at 5:00 p.m. Failure to register by this date will cause forfeiture of voting rights for this election. If you are in doubt about whether you are registered, check the Voter Information Portal at www.sdsos.gov or call the county auditor at 605-853-2182.

Registration may be completed during regular business hours at the county auditor’s office, municipal finance office, secretary of state’s office, and those locations which provide driver’s licenses, SNAP, TANF, WIC, military recruitment, and assistance to the disabled as provided by the Department of Human Services. You may contact the county auditor to request a mail-in registration form or access a mail-in form at www.sdsos.gov

Any voter who needs assistance, pursuant to the Americans with Disabilities Act, may contact the county auditor for information and special assistance in voter registration.

Doug DeBoer
County Auditor, Hand County South Dakota


Posted April 9, 2020

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT: Pursuant to SDCL 31-26, The Board of County Commissioners in and for Hand County, city of Miller, South Dakota, on the 5th day of May, 2020, at the hour of 10 A.M., at the Hand County Courthouse will meet in regular session, and during such session will reserve time for the purpose of giving consideration to the applicant for Authority to Construct or lay rural water pipelines as filed with the county auditor by WEB Water Development Association, Inc., of Aberdeen, South Dakota, a rural water system.
Any person, association, or corporation having objections to said application for the authority to construct or lay rural water pipelines may appear and be heard at the said time and place designated.
Dated this 9th day of April, 2020

Doug DeBoer – Auditor

[Published once at the total approximate cost of $_____]

Posted March 9th, 2020:

NOTICE OF MEETING OF
CONSOLIDATED EQUALIZATION BOARD

NOTICE IS HEREBY GIVEN that the Board of County Commissioners and Local Boards of Equalization, sitting together as a Consolidated Board of Equalization of Hand County, South Dakota will meet in the Commissioners’ Chambers in said County on Tuesday, the 14th day of April, 2020, for the purpose of reviewing, correcting and equalizing the assessment of said County and associated local boards for the year 2020.

NOTICE IS ALSO HEREBY GIVEN that any local board of equalization, whether township, municipality or school district may participate with the Consolidated Board of Equalization of Hand County as provided in SDCL 10-11-66 as amended.

Any municipality, school or township wishing to participate in the Consolidated Board of Equalization shall serve upon the county auditor, notice of intent to participate by Monday March 23rd, 2020.

All persons considering themselves aggrieved by said assessment are required to submit written notice to the County Auditor no later than April 7, 2020.

Doug DeBoer
Hand County Auditor
Dated March 6, 2020

Published twice at the total approximate cost of $______.


Posted February 27, 2020 / presented at the County Commission meeting on March 3, 2020.

Notice of Responsibility To Control Noxious Weeds and Declared Pests

Notice is Hereby Given this 3rd day of March 2020, pursuant to SDCL 38-22 as amended to all owners, occupants, agents and public officials in charge of lands in Hand County, South Dakota, that they are responsible for the suppression, control, and eradication of noxious weed and declared pest infestations that may exist on such lands.

Chemical, biological, and/or cultural control methods used for the suppression, control and eradication of noxious weed and declared pest infestations shall be those approved for such purposes by the Hand County Weed and Pest Supervisor, or the South Dakota State University Experiment Station.

Upon failure to observe this notice, the County Weed and Pest Board is required to proceed pursuant to the law and have the noxious weed or declared pests destroyed by such methods as they may find necessary, the expense of which shall constitute a lien and be entered as a tax against the land, and be collected as other real estate taxes are collected, or by other means as provided by law.

Plants and animals designated as being noxious weeds and declared pests in the State of South Dakota are Leafy Spurge, Perennial Sow Thistle, Russian Knapweed, Hoary Cress, Canada Thistle, Purple Loosestrife, Saltcedar (Tamarix ssp.), and Gypsy Moth.

In addition, Absinth wormwood, Musk Thistle, Plumeless Thistle, Scotch Thistle and yellow Toad Flax have been approved by the State Weed and Pest Control Commission, and are also subject to the same suppression, control and eradication requirements as the before mentioned plants and animals.

Notice is Hereby Given that upon establishing probable cause to believe a noxious weed or declared pest infestation exists upon any property in Hand County, a representative of the Hand County Weed and Pest Board will enter upon said property for the purpose of inspecting and confirming that such infestation actually exists.
Randy Peck, Weed Supervisor

Official publication and legal notice will appear in the Miller Press.


NOTICE OF DEADLINE FOR FILING NOMINATING PETITIONS FOR THE PRIMARY ELECTION AND FOR FILING INDEPENDENT CANDIDATE PETITIONS

The deadline for filing nominating petitions for the primary election is March 31, 2020, at 5:00 p.m. central time. If a petition is mailed by registered mail by March 31, 2020 at 5:00 p.m. central time, it is considered filed.

The deadline for filing nominating petitions to run as an independent candidate in the general election is April 28, 2020, at 5:00 p.m. central time. If a petition is mailed by registered mail by April 28, 2020, at 5:00 p.m. central time, it is considered filed. For the offices of County Commissioner – District 4, County Commissioner – District 2, States Attorney, County Coroner, County Treasurer, and County Sheriff, nominating petitions must be filed in the office of the Hand county auditor, and nominating petitions for the offices of U.S. Senator, U.S. Representative, Public Utilities Commissioner, State Senate, State Representatives must be filed in the Office of the Secretary of State, State Capitol Building, Pierre, SD 57501.

The deadline for filing nominating petitions to run as an independent candidate for president in the general election is August 4, 2020, at 5:00 p.m. central time. If a petition is mailed by registered mail by August 4, 2020, at 5:00 p.m. central time, it is considered filed.

Nominating petitions for the offices of County Commissioner – District 4, County Commissioner – District 2, States Attorney, County Coroner, County Treasurer, and County Sheriff must be filed in the office of the county auditor during regular business hours. Nominating petitions for the offices of President, U.S. Senator, U.S. Representative, Public Utilities Commissioner, State Senate, State Representatives and Heartland Consumer Power District Director must be filed in the Office of the Secretary of State, State Capitol Building, Pierre, SD 57501, between the hours of 8:00 a.m. and 5:00 p.m. central time.

/s/:  Doug DeBoer
_____________________________________
Hand County Auditor

[Election Recourses offered by the Secretary of State are found at: https://sdsos.gov/elections-voting/default.aspx


“ATTENTION GETTER”

The bulk of state offices will be closed on December 23rd and December 24th. This limits our county’s access to state recourses.

Because of this, the Register of Deeds Office WILL NOT be processing renewals on Commercial Driver Licenses. During the renewal process, the office must contact the SD-Department of Public Safety for the approval. When their offices are closed, this is not possible.

Additionally, the county courthouse will be closed the afternoon of December 24th and all day December 25th. We will, however, be open on December 26th and 27th.

Please plan accordingly.

 

July 12, 2019:

HAND COUNTY ZONING BOARD

NOTICE OF MEETING

 A zoning board meeting will be held for the purpose of hearing a Conditional Use Permit application for a swine production facility by Ratio, LLC (Kirk Augenbaugh).  This facility will be located in the NE1/4 & NW1/4 section 32-111-67 (Pearl Township).  The meeting will be held Tuesday, August 6, 2019 at 1:00 p.m. in the court room in the Hand County Courthouse.  Instructions for presenters, both proponents and opponents, will be posted on the assessor’s web page at http://hand.sdcounties.org/assessors.  Instructions can also be obtained by visiting the assessor’s office or calling 605 853-2115.

Instructions to those offering testimony:

Hand County has a policy to not discriminate in its treatment or consideration of, or making a distinction towards, a person based on the group, class, or category to which the person is perceived to belong. These include age, caste, color, criminal record, height, disability, ethnicity, family status, gender identity, generation, genetic characteristics, marital status, nationality, race, religion, sex, and sexual orientation.  Consequently, these topics will not be allowed during testimony.

The sole purpose of the hearing is to determine compliance with the following aspects of the Hand County Zoning standards and ordinances.

Testimony should be confined to these performance standards and compliance thereof.

Under Article 5, Section 515, Performance Standards to Commercial Feedlots and Animal Feeding Operations, All Commercial Feedlots and Animal Feeding Operations must meet each of the following requirements:

  1. All such entities must submit animal waste management systems plans and specifications for review and approval prior to construction, and a Notice of Completion for a Certificate of Compliance, after construction, to the South Dakota Department of Environment and Natural Resources.
  2. Prior to construction, all such entities shall obtain a storm water permit for construction activities from the South Dakota Department of Environment and Natural Resources. The storm water pollution prevention plan required by the permit must be developed and implemented upon the start of construction.
  3. Animal waste facilities as adjuncts to such entities shall be no less than six hundred sixty (660) feet from the adjoining domestic ground and surface water supplies.
  4. All such entities must submit nutrient management plans assuring offensive odors and runoff minimization. Such management plans must, at a minimum, include
    1. Proposed maintenance plans for animal west facilities.
    2. Nutrient transportation equipment miniatous plans.
    3. Planned land application processes and / or methods.
    4. A full and complete legal description and map depicting areas to be utilized for nutrient application.
  5. Under no circumstances shall animal waste facilities be located closer than two (2) miles from any incorporated municipality.
  6. Animal waste facilities shall be located no closer than two (2) miles from any occupied residence, excluding owner / operator’s residential dwelling[s] if located within two (2) miles of the facility, unless sixty-six and two-thirds percent (66 2/3) of the full-time adult residents of the area within the two (2) mile residential setoff shall have waived the same and in writing.
  7. Animal waste shall be transported no more than seven (7) miles from the point of origination for land application. However, the Commission may, on a case by case basis, permit applications beyond said seven (7) mile limitations upon its acceptance of proofs evidencing adequate undertakings to ensure both public safety and due deference to the environmental concerns.
  8. Upon provision of three (3) hours written or oral notice to the owners[s] or operator[s] of any facilities governed by Section 515 standards, the Zoning Director or his authorized agent[s] may enter upon any such real property for the limited purpose of ascertaining premises / facility compliance with all applicable performance standards and / or other zoning ordinance regulations.

(Page 43, Article 5, Section 515 of the Hand County Comprehensive Plan)

How to become involved:

Prior to and during the public hearing / period for public comment, presenters, contributors, and those offering testimony on the topics in Article 5, Section 515, will be allowed to offer input by the following mechanisms:

  • Written Testimony may be mailed to Zoning Board, % Assessor, 415 West 1st Avenue, Suite 204, Miller, South Dakota 57362 or emailed to: [email protected] and to [email protected] .  Please do not send anonymous testimony.  Deadline is July 31, 2019.
  • Oral Testimony: Materials, statistics, graphics or other viewable materials must be submitted in advance of the meeting and due in the Assessor’s office by July 31, 2019.
  • The July 31, 2019 deadline is to allow for public inspection of the submitted materials ahead of time. The materials will be loaded to the Assessor’s website (http://hand.sdcounties.org/assessor ) and also be available at the Assessor’s office during normal courthouse hours.

Manner of conduct during the public hearing:

  • The proceedings will be under the control of the chairman of the board. The chairman will direct all proceedings, recognize those who wish to offer testimony and present them instruction when needed.
  • All testimony is be directed to the board, not the proponents or opponents.
  • Members of the gallery are asked to remain quiet and seated. To be recognized by the chairman, please raise your hand and stand.
  • Proponents will be allowed to present first, followed by opponents, followed by rebuttal testimony and finally the board will have an opportunity to ask questions if there be any.
  • The chairman reserves the right to call for a recess or to end the proceedings for any reason.
  • At the conclusion of oral testimony, the board will have a work period to discuss amongst themselves and determine what action to take.
  • Decisions of the zoning board will be forwarded to the county commission for disposition.
  • The chairman reserves the right to extend or shorten oral testimony as he determines to be appropriate.

 


June 6, 2019:

NOTICE lS HEREBY GIVEN to all users, owners, occupants, agents and public officials in charge of land in
Hand County, South Dakota. That Hand County intends to protect the right-of-way under its lawful
control from unlawful or unauthorized injury, obstruction, misuse, intrusion, constructions, destruction,
occupation by crops, or the artificial killing or stunting of natural vegetation, excluding recognized
noxious weeds.
NOTICE lS HEREBY GIVEN that an application to occupy, use, alter, build upon, build in or remove
features shall be commenced upon proper authorization of the Hand County Board of Commissioners
and issuance of a permit to occupy the right-of-way.
NOTICE lS HEREBY GIVEN that failure to comply with this notice, Hand County may pursue prosecution
and restitution for damages which result from a violation of SDCL Chapter 31-32 or any public offense as
appropriate in order to preserve the right-of-ways in Hand County.


Notice is herby given that The Hand County Open Burning Advisory Board has voted to enact a burn ban effective June 8th, 2017. A complete copy of the burn ban ordinance can be found here: Burn Ban Ordinance NO. 08-01 Please contact the Hand County Emergency Management Office 605-204-0267 or the Hand County Sheriff’s Office 605-853-2408 for any burn ban questions.


Notice is hereby given that Hand County through its Board of Zoning will hold a hearing for the purpose of taking testimony from interested parties who are either proponents or opponents of the requested application for conditional use permit requested by Northern Prime Feeders, LLC (proposing construction of a 50,000 head feedlot) located at the Eagle Pass Ranch property located in the SW 1/4 and W 1/2 SE 1/4 of section 20; N 1/2 NW 1/4 and NW 1/4 NE 1/4 of section 29; government lots 3 and 4 and SE 1/4 of section 19; and government lot 1 and N 1/2 NE 1/4 of section 30 all in township 112-70 (Ree Heights).  Prior to the meeting, the Zoning Administrator will receive written comments under the following conditions:

1.      They must be either printed or type written for legibility.

2.      They must be signed legibly by all parties represented in the comment.

3.      The comments must clearly state the person or persons or organization submitting the comment and who their spokesperson is.

4.      The writer must declare in the first paragraph if the comment is in support of, or against, or neutral as to adoption or passage of the conditional use permit.

5.      The comments are to either be delivered to or mailed in printed form to the Zoning Administrator c/o: Hand County Assessor’s Office, 415 West 1st Avenue, Miller, South Dakota 57362.

6.      The comment period begins March 12, 2014 and ends April 2, 2014.  Comments not postmarked or received by April 2, 2014 may not be considered for review.

7.      The writer acknowledges in presentation of the comment that it is a public record and open to inspection and reproduction upon request of any interested party.

 

A public hearing will be held on April 22, 2014 at 1 P.M. (CT) in the courtroom of the Hand County courthouse at which time public testimony will be taken from proponents and from opponents as it relates to passage of the conditional use permit.  Testimony can be offered under the following conditions:

 

1.      The person to offer testimony must notify the zoning administrator by April 18, 2014 and provide all printed materials for distribution.  The printed materials must be written in the same manner as the written comments above.

2.      Copies are to be provided by the presenter for each of the board members and any member of the gallery requested them. (local staff will not make copies)

3.      The person offering testimony must identify themselves to the panel and state whether they are speaking as a proponent, opponent or are neutral in their position.

4.      The person offering testimony is to speak clearly, loudly and to the panel, no comments will be addressed to the crowd, only the zoning board.

5.      Testimony is to be confined to the issuance of the conditional use permit.

6.      Each speaker will be allowed 3 minutes to offer testimony.  At the conclusion, the speaker will return to their seat.  There will be no “yielding” of one speakers time to another.

7.      Groups will be heard individually, by a single spokesperson and only if they are registered individually.

***************************************************

 

The public safety exercise was completed on September 26 and by most accounts…went very well.  From a L.E. perspective we learned a great deal about what we lack in deploying help from assisting agencies.  Those problems are:  Lack of Communication.  We currently lack a full time officer manager / dispatcher and taking & placing calls from the field is very difficult and counterproductive.  The sheriff’s staff needs to engage the leadership of the fire departments and ambulance sooner to affect a coordinated response and defining leadership to the responders.

Nehemia and I would like to “THANK” everyone who helped with this exercise and let you know that it was taxing at times and also very gratifying to see things work.  You all did a great job, even when things didn’t feel like they were going well…in the end, progress was being made.

Doug

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September 26, 2012 PUBLIC SAFETY / ST. LAWRENCE EXERCISE:

Emergency Management Officials will hold a countywide public safety exercise on September 26, 2012.

The exercise will be centered out of St. Lawrence. This was done because most exercises have either been rural or in or close to Miller. The idea is expand into the communities and bring in new players, participants and environments.

There will be “no” explosions or fires set during this exercise. There will be people / responders on foot or in vehicles and they may engage anyone to achieve their response goals. We would encourage everyone; responder, volunteer or person contacted to “play along” as if was a real event and be truthful. The planning team has the agenda laid out so you will not need to pretend or makeup situations if approached by a responder.

If you are interested in participating, please check out this week’s Miller Press and then on Wednesday wait for the signal or information to be presented.

As with all planned exercises…safety is our first objective and we do not want anyone to place themselves for anyone else in harm’s way.

Sheriff Doug DeBoer & Emergency Manager Nehemia Volquardsen.

For full details, view this message on the web.

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04-01-2012:

FIRE PROTECTION:  The authority to activate or deactivate the “burn ban” rests with a committee which reports to the county commission.  This committee is comprised of one member from each organized fire department in the county, normally the fire chief, the county emergency manager and the county sheriff.  None of the cities are represented on the committee because the county does not have authority to regulate such matters within the confines of the cities.  Each city council is empowered to address that issue.

In times when a “burn ban” is not in place, the sheriff’s office through it’s dispatch function, notifies agencies over the mutual aid radio system, the NIXLE text / email alert system, or direct email or text, or other means if appropriate, of weather conditions which cause concern for open burning. We use the National Weather Service website as our tool for understanding fire conditions.  You too can access this information at www.weather.gov/abr .  Another useful link for fire danger is found at http://www.crh.noaa.gov/unr/firewx/rfd.php .  This link provides a visual dipiction of fire weather status for the state of South Dakota.

The website will give you the information you need to determine present weather conditions, fire hazards (red flag), and weekly forecasts.

Burn bans typically do not include the burning of household trash in a barrel or other enclosed container and also does not include large incinerators which are enclosed.

Open burning represents a threat for the day it occurs and the days that follow it.  A dormant fire can rekindle easily with the right mixture of wind and humidity.  “Cow patties” can lay burning, dormant for days and be rekindled with little change in the weather.  These types of fires should be monitored regularly.

Anyone who lets a fire spread without due caution or regard can be held criminally and civilly responsible through court action.  We suggest that those who burn exercise extreme care and caution and be mindful of your neighbors.

The sheriff’s office will not tell you that you “can not burn”, we will tell you it is not recommended.  The decision to light that fire rests with the person, agent or property owner who strikes up the source of ignition.  If a burn ban is issued, other consequences can be imposed in addition to those previously discussed.

Sheriff DeBo