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People have through Friday, Sept. 27, to submit comments to the Texas Commission on Environmental Quality regarding a proposed rock-crushing plant near Burnet.
Asphalt Inc. of Austin applied for an air quality standard permit from the TCEQ, sparking concern from local leaders and residents about the plant’s potential impact on public safety, the environment, and the area’s overall quality of life.
“We have to stay positive and keep working,” said Save Burnet spokesperson Fermin Ortiz. “The comment period ends tomorrow, but the fight is just beginning.”
Save Burnet is a grassroots group of concerned residents and officials that has held town hall meetings to oppose the plant.
A public meeting tentatively planned for December or January will icnlude representatives from Asphalt Inc. and the TCEQ, who will listen to concerns and answer questions.
The air quality standard permit, which has drawn around 3,920 comments on the TCEQ website, would allow Asphalt Inc. LLC to build a permanent rock- and concrete-crushing facility at 3221 FM 3509. The location is situated between Camp Longhorn and the city of Burnet’s Delaware Springs Golf Course and is near Inks Lake and Longhorn Cavern state parks and the Inks Dam National Fish Hatchery.
The Burnet County Commissioners Court unanimously passed a resolution in opposition to the plant on Sept. 24. The Burnet City Council passed a similar resolution.
To electronically comment on the Asphalt Inc. permit, visit the TCEQ website and enter permit #176835.
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An inmate’s 2023 excessive force lawsuit against Llano County was dismissed without prejudice on Sept. 23, meaning the plaintiff can file another civil suit in the matter. It was one of five suits currently filed against the county.
The ruling in Adam Mirelez v. Llano County et al. was made by U.S. District Judge Robert Pitman of the U.S. District Court for the Western District of Texas, Austin Division.
Mirelez is a resident of the Texas Department of Criminal Justice Mark W. Michael Unit in Anderson County. He was sent to prison for possession of a firearm by a felon and is not expected to be released until 2062 but is eligible for parole in September 2026. He represented himself in the case.
The plaintiff alleged that on Sept. 9, 2021, he was assaulted with a beanbag gun while he was peacefully surrendering on warrants for a parole violation and aggravated assault with a deadly weapon. The beanbag broke his femur bone, but he was not taken to a hospital for X-rays until five days after his arrest. The injury required immediate surgery, but Mirelez was instead returned to the Llano County Jail, he said in his filing papers. He was taken back to the hospital on Sept. 28 and had surgery the next day.
In his suit, Mirelez claimed the assault was premeditated and violated his right against excessive force guaranteed under the Fourth Amendment of the U.S. Constitution. He asked for monetary relief of $350,000.
Judge Pitman noted in his final order that Mirelez was shot after he walked away from deputies toward a trampoline, where he rested his hands and could have been reaching for a gun. He had been in a two-hour standoff with law enforcement and was in possession of two firearms. When he did surrender, he continually refused orders to turn around and walk toward the deputies.
Also, the plaintiff did not respond to the defendants’ summary judgment motion in a timely fashion, the judge said. The motion was due June 28.
“Further, the totality of the circumstances weighs in favor of finding that Defendants did not violate Plaintiff’s constitutional right to be free from excessive force,” the order reads, listing reasons for the deputies to be wary when Mirelez was surrendering. Those reasons included the man’s previous charges of aggravated assault with a deadly weapon, the fact he had two handguns with him and was refusing to leave his house, and that he had continually stated he was not going back to prison.
All parties involved will pay their own costs, and the plaintiff “shall take nothing in this cause against defendants (Llano County Sheriff Bill) Blackburn and (Llano County Jail Administrator Robert) Nichols,” reads the final judgment.
Leila Green Little et al. v. Llano County et al.—The case is on hold pending a ruling from the U.S. Fifth Circuit Court of Appeals in New Orleans. The most recent hearing was Sept. 24.
Baker v. Llano County—A jury trial was set to begin Nov. 3, 2025, although settlement offers are being exchanged in September and October of this year. Fired Kingsland librarian Suzette Baker filed suit for wrongful termination in March of this year.
Pressley et al. v. Nelson et al.—This case involves one Llano County resident as a plaintiff and the county’s elections administrator. Other defendants are the Texas Secretary of State and the elections administrators of Williamson and Bell counties. Other plaintiffs are registered voters from Williamson and Bell counties. Plaintiffs seek to change how elections are held in those counties.
Harrod v. Llano County et al.—The wrongful death suit was filed in April by Jillian Harrod of Kingsland after her husband, Justin Harrod, was shot and killed by Llano County deputies. Parties and counsel have been ordered to meet for a pretrial conference at 3 p.m. Oct. 2 in the U.S. Courthouse in Austin by U.S. Magistrate Judge Susan Hightower.
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Granite Shoals recently secured a $500,000 grant that will fund serious upgrades to the city’s raw water intake facility, which draws in and treats millions of gallons of water from Lake LBJ for residents’ consumption.
The grant is the maximum allotment from the Texas Department of Agriculture’s Community Development Block Grant program, which gives state money to small, underfunded communities.
“This grant represents a significant milestone for Granite Shoals,” City Manager Sarah Novo told DailyTrib.com in an email. “By upgrading our water intake facility, we are investing in vital infrastructure that will improve the resilience and efficiency of our water intake system.”
Specifically, the money will be used to install a fourth pump, an air compressor, variable-frequency drives, and a raw water pump recirculation system. Combined, these additions will drastically increase the efficiency of the raw water intake facility and reduce the likelihood of mechanical damage.
The city’s water system has been a point of public contention for years due to numerous water line breaks, frequent discoloration issues, and even violations of state water quality standards.
In recent years, millions of dollars have been spent on fixes to bring the system up to speed. Major steps also were taken to improve the city’s water quality above and beyond state standards.
“Grants play a crucial role in bringing larger projects to fruition,” Novo wrote. “We are deeply appreciative of the support from the Texas Department of Agriculture. This funding not only helps enhance this facility’s operational efficiency but also underscores the importance of continued investment in our water infrastructure to ensure its sustainability for the future.”
Funding for Granite Shoals’ water system has traditionally been hard to come by due to annual transfers from the utility budget to the general fund to supplement the city’s operations costs, but that will not happen in the 2024-25 fiscal year.
In the FY 2023-24 budget, the city pulled $1.2 million from the utility fund to fuel the general fund, and in FY 2022-23, $857,337 was moved. In developing the FY 2024-25 budget, city administration made a conscious decision to find other ways to balance the general fund.
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Burnet County well owners will get new tags with QR codes that link to the Central Texas Groundwater Conservation District website. The district is implementing inspections alongside tagging to ensure wells meet proper standards and provide owners with critical information.
The district regulates Burnet County groundwater resources. Its mission is to ensure a sustainable, high-quality, and cost-effective supply of water for Burnet County residents.
The new tags will display well depth, water level, drilling date, a well ID number, and a QR code.
“Most people, especially new homeowners, don’t know much about their wells or lose the paperwork,” said GCD General Manager Mitchell Sodek. “Having a placard on the wellhead gives them important information they can easily access.”
The well tag and inspection initiative is underway, although the tags are still in production. Inspections have already identified common issues with wells done by drillers, said groundwater technician Shrader Davis. He described a common problem with improper annular cementing between the PVC casing and steel sleeve, which stabilizes the well.
This diagram of alternative well surface completion shows where the Central Texas Groundwater Conservation District is finding common issues in wells. The district requires 50 feet of annular cement, exceeding the state minimum of 10 feet pictured. Image courtesy of Shrader Davis
“If the cement doesn’t reach the surface, water can seep between the PVC and steel, causing cracks and rust,” Davis said. “This can harm water quality and lead to bigger issues, especially if water freezes and cracks the cement.”
The Groundwater Conservation District requires 50 feet of annular cement, exceeding the state minimum of 10 feet. Davis said, while most wells meet this standard, some do not, prompting the district to offer post-drilling inspections.
“We see it as a service to homeowners, and most drillers have been cooperative when asked to fix issues,” he said.
Drillers have 30 days from the time of contact to fix any issues.
The GCD is currently inspecting wells drilled since June 1 and aims to complete future inspections within one to two weeks of submission.
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The Llano County library lawsuit had another day in court on Tuesday, Sept. 24. The full U.S. Fifth Circuit Court of Appeals in New Orleans heard arguments from both sides in Leila Green Little et al. v. Llano County et al. Justices will decide whether to uphold a preliminary injunction from a district court judge that returned 17 banned books to the Llano County Library System.
The civil suit was filed by seven plaintiffs—Llano County residents and library cardholders—in U.S. District Court for the Western District of Texas, Austin Division, in April 2022. The plaintiffs say 17 books were removed from library shelves and the digital catalog because Llano County officials disagreed with their content, violating free speech rights in the First Amendment.
The books were returned when U.S. District Judge Robert Pitman granted a preliminary injunction in March 2023. At the same time, defense attorney Jonathan Mitchell of Mitchell Law PLLC in Austin appealed that decision to the Fifth Circuit Court of Appeals.
The case was heard in the appeals court by a three-judge panel that issued a 2-1 split decision in favor of the plaintiffs, although it narrowed the number of books to be returned from 17 to eight. An unnamed appeals court judge immediately requested a rehearing before the full court.
During Tuesday’s hearing, Mitchell called on the appeals court to throw out its 29-year-old ruling in Campbell v. St. Tammany Parish School Board, which would render the defendants’ case moot. In that 1995 decision, the Fifth Circuit held that libraries may not “remove books from school library shelves simply because they dislike the ideas contained in those books.”
“That holding is wrong and should be overruled,” Mitchell said in his opening remarks. “The government has no constitutional obligation to provide these libraries or to provide any particular book in a library’s collection.”
Each side was granted 30 minutes to present its case. Mitchell spoke for about three minutes, took around 15 minutes of questions from the judges, and then granted a portion of his time to Florida Solicitor General Henry Whitaker. Florida joined Texas and 15 other states in filing friend-of-the-court briefs for the defendants.
“The government does not have an obligation to subsidize constitutional rights,” Whitaker said. “Deciding what can and can’t be in a library is an integral part of running a library.”
Attorney for the plaintiffs Matthew Borden of BraunHagey & Borden LLP in Austin then went to the podium, also speaking for about four minutes before taking questions from the justices.
“The First Amendment prevents the government from getting rid of ideas it disagrees with,” he said. “Libraries have wide discretion but cannot remove books based on individual viewpoints.”
He pointed out that the ruling in the Campbell case has been a law for 30 years, while the First Amendment has been the law of the land for 233 years. However, overturning the 1995 Campbell ruling “would turn libraries into political institutions” and give “the majority the power to oppress the minority.”
“That’s why we have the First Amendment protections,” he said. “The plaintiffs are a minority in their community. They tried to make change through the political process, but it did not work.”
Mitchell reserved five minutes for rebuttal. He again called for overturning Campbell. One judge interrupted to object.
“It is premature that we’d be making a determination about the merits and overturning Campbell,” Judge James Graves said. “If we rule against you, all that happens is that this goes back to the trial court, and then there has to be some evidence of or some hearing on whether to grant a permanent injunction. Isn’t that the posture of the case?”
Mitchell countered that “there is so much disagreement on Campbell.”
“Campbell is too vague,” he said.
Both sides now await a ruling from the full appeals court. It took 364 days for the three-judge panel to issue its split decision in June.
LAWSUIT AT A GLANCE
The plaintiffs in the civil suit are Leila Green Little, Jeanne Puryear, Kathy Kennedy, Rebecca Jones, Richard Day, Cynthia Waring, and Diane Moster. All are Llano County residents and library system users.
The defendants are Llano County Judge Ron Cunningham; county commissioners Peter Jones, Linda Raschke, Mike Sandoval, and Jerry Don Moss; library system Director Amber Milum; and Library Advisory Board members Gay Baskin, Bonnie Wallace, Rochelle Wells, and Rhonda Schnieder.
The eight books approved for return by the three-judge panel in June are:
“Caste: The Origins of Our Discontents” by Isabel Wilkerson
“They Called Themselves the K.K.K: The Birth of an American Terrorist Group” by Susan Campbell Bartoletti
“Spinning” by Tillie Walden
“Being Jazz: My Life as a (Transgender) Teen” by Jazz Jennings
“Shine” and “Under the Moon: A Catwoman Tale” by Lauren Myracle
“Gabi, a Girl in Pieces” by Isabel Quintero
“Freakboy” by Kristin Elizabeth Clark
The books the library system does not need to return, according to the panel, are:
“In the Night Kitchen” by Maurice Sendak
“It’s Perfectly Normal: Changing Bodies, Growing Up, Sex, and Sexual Health” by Robie Harris
“My Butt is So Noisy!,” “I Broke My Butt!,” and “I Need a New Butt!” by Dawn McMillan
“Larry the Farting Leprechaun,” “Gary the Goose and His Gas on the Loose,” “Freddie the Farting Snowman,” and “Harvey the Heart Had Too Many Farts” by Jane Bexley
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The Burnet County Commissioners Court’s meeting on Tuesday, Sept. 24, erupted into chaos when County Judge James Oakley attempted to stop District Attorney Wiley “Sonny” McAfee from giving a presentation on his office’s investigation into alleged overtime abuse by the Burnet County Sheriff’s Office. The DA from the 33rd/424th judicial districts was ultimately able to present his report, which found no evidence of wrongdoing.
Before that happened, however, a baliff was ordered by Oakley to remove a loud protestor from the courtroom while other audience members demanded McAfee be allowed to speak. Oakley called a recess and left the room until the turmoil calmed down.
An anonymous complaint was made in 2023 to the Burnet County auditor and human resources department, then passed on to the DA, county attorney, and Sheriff’s Office. The complaint claimed officers and dispatchers were being paid overtime hours for time they did not work through field training officer or communications officer programs.
The Commissioners Court ordered a $20,000 third-party forensic audit of the Sheriff’s Office in September 2023 for a deeper look into the matter.
The results of that audit by international accounting firm Baker Tilly were presented during the court’s Aug. 13 meeting, nearly a year after it was ordered. The 15-page report showed 957 instances when the labels “FTO” (for field training officer) and “CTO” (for communications training officer) were used on timesheets. However, no conclusive evidence of overtime abuse was shown.
District Attorney McAfee and his office conducted their own investigation, spanning August 2023 to June 2024.
District Attorney Wiley ‘Sonny’ McAfee of the 33rd/424th judicial districts, gives a lengthy public comment during the Sept. 24 meeting of the Burnet County Commissioners Court on an investigation into alleged overtime abuse by the Sheriff’s Office. Staff photo by Dakota Morrissiey
“During this investigation, the DA investigators did not discover any factual evidence which demonstrated that any member of the Burnet County Sheriff’s Office Command Staff, including managers or supervisors, had ordered, directed or suggested to any deputy or communications officer working as a field training officer to submit for one-hour of overtime pay if the FTO had not indeed worked that extra hour due to FTO duties,” reads the conclusive summary of the report.
The specific allegation against the Sheriff’s Office was that leadership was giving one extra hour of overtime to FTOs and CTOs as an incentive for the work. The DA’s investigation claims supervisors were manually entering FTO-specific overtime hours and keeping track of them separately, which made it look as though they were being added on to hours worked.
The DA’s report was completed and sent to Burnet County Attorney Eddie Arredondo on June 10 but never given to the Commissioners Court. Sheriff Calvin Boyd referred to it during the court’s Aug. 13 meeting, but Judge Oakley claimed he was unaware of it.
“I saw (the DA’s report) for the first time today,” Oakley told DailyTrib.com following Tuesday’s meeting.
Arredondo told DailyTrib.com he did not feel it was his place to share the report with the court because it contained sensitive personal information he did not want to redact on his own.
“(McAfee) sent it to me, I had it, it had all sorts of sensitive information in it,” Arredondo said. “I certainly didn’t believe it was my place to be redacting information from somebody else’s report.”
Oakley said the matter would be investigated again by an unnamed agency that could not be shared publicly.
“I think, at the end of the day, in the name of government transparency, we want everything to be out in the open. And whenever the whistleblowers came forward with the information (alleging Sheriff’s Office overtime abuse), it is just something I have a duty to act on, and I still feel like there are some unanswered questions,” he said.
The judge then moved to table the agenda item. The motion was seconded by Precinct 4 Commissioner Joe Don Dockery. Precinct 3 Commissioner Billy Wall voted to table the item, along with Oakley and Dockery. Precinct 2 Commissioner Damon Beierle voted no. Precinct 1 Commissioner Jim Luther was absent.
Members of the audience erupted in protest as Oakley made the motion. Several people got to their feet and shouted objections.
McAfee was then given three minutes to speak during the public comment agenda item. When the timer went off, Oakley stopped the presentation.
“You’re going to stop the explanation of this because you don’t want to hear it?” McAfee asked the judge. “Has anybody got three minutes I can borrow?”
Under the court’s rules of decorum, members of the public are allowed three minutes to discuss whatever they want, as long as it is not threatening or violent or harmful to the meeting. Audience member Patricia Cope attempted to give her three minutes to McAfee, but Oakley denied the request.
“This is incredible, and for you (other commissioners) to go along with it,” McAfee said to the members of the court.
While many in the audience began to loudly protest tabling the agenda item, one member was louder than the others.
Burnet County resident Charlie Parker was escorted from the court by the bailiff at the request of Oakley following repeated outbursts.
“You’re a tyrant!” he shouted at Oakley. “This is against the people of this county. You are standing against the people of this county.”
A bailiff escorts Burnet County resident Charlie Parker from the courthouse at the direction of County Judge James Oakley. Parker was ousted after repeated outbursts during the Sept. 24 regular meeting of the Commissioners Court. Staff photo by Dakota Morrissiey
After Parker was escorted from the courtroom, protests continued until Oakley called for a recess and also left the room.
Upon returning to the courtroom, Oakley called the meeting back to order and allowed McAfee to make his presentation as a long public comment.
“We’ve got a right (in the Texas Constitution) to address the things that the court has raised, and I’ve never had somebody deny me that right,” McAfee told DailyTrib.com.
This was the first Burnet County Commissioners Court meeting to be livestreamed since the 2020 pandemic. A recording is available at YouTube.com.
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Marble Falls ophthalmologist Dr. Mary “Kelly” Green was recently appointed to the Texas Medical Board’s District Four Review Committee, which oversees physician conduct and medical standards. Green, an eye surgeon with a private practice, is one of four new members picked by Gov. Greg Abbott. Her term expires on Jan. 15, 2030.
Green has served on other medical boards, including the American Board of Ophthalmology as an oral examiner. She is a member of the Texas Medical Association, Burnet-Lampasas County Medical Society, American Academy of Ophthalmology, and Marble Falls Education Foundation.
Additionally, she is a founder of TX 400, a grassroots lobbying organization, and a former volunteer with the U.S. Peace Corps. Green received her Bachelor of Science in chemistry from Trinity University and a Doctor of Medicine from the University of Texas Health Science Center in San Antonio.
She has always been fascinated by the inner workings of regulatory bodies and looks forward to serving on the committee, she told DailyTrib.com.
“I’m one of those people who likes to understand how things really work,” she said. “I’m really excited and honored to be nominated.”
The Texas Medical Board committee is responsible for reviewing complaints against physicians to determine whether the doctors adhered to the state’s standards of care. The complaint process begins with a report filed online, followed by a review by board staff and medical experts, including Green.
“We assess whether the issue reflects a lack of adherence to the standards of Texas medical practice,” Green said.
If the committee finds evidence of wrongdoing, cases are referred to the full Texas Medical Board for further action.
Green emphasized that not every complaint leads to disciplinary action, but transparency is key.
“If there’s wrongdoing, the public will know because it’s posted on the physician’s medical board profile,” she said.
Green encourages all patients to use the Texas Medical Board’s website to check their doctors’ records before scheduling appointments.
“It’s a great tool,” she said. “I always pull up my profile for my patients. I think it’s important.”
In her new role, Green said she will promote high-quality patient care.
“My mission is to help ensure that the highest standards of care are being met, whether that’s through upholding existing practices or making recommendations for improvement,” she said.
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The Marble Falls Police Department has recalled several SIG Sauer P320 sidearms after one of the weapons discharged while still in its holster, sending a bullet into the leg of a school resource officer on Sept. 20.
According to an MFPD media release issued Tuesday, Sept. 24, Marble Falls High School Resource Officer Hunter Gally was standing beside his patrol vehicle in the school parking lot, preparing to work security for the Mustangs’ homecoming football game, when his duty pistol, a SIG Sauer P320, “inadvertently discharged” while still in its holster.
“The officer was not manipulating the weapon in any way when it discharged inside the holster,” the media release said.
A bullet from the gun lodged in Gally’s thigh. He quickly received medical attention from Marble Falls Area Volunteer Fire Department Capt. Thomas Jacobs, who happened to be nearby. Gally was airlifted to Dell Seton Hospital in Austin, where he was treated for his injury. He has been released from the hospital and is currently recovering.
Gally also was reportedly aided by at least one student from Brackenridge High School, the team facing Marble Falls in that night’s game.
“Yes, there were students that helped,” MFPD Capt. Jimmy Cole told DailyTrib.com. “We just don’t know to what extent.”
In Gally’s absence from his SRO job, other MFPD officers will patrol the high school campus.
“We are still continuing to investigate what happened,” Cole said, “but our officers are our No. 1 priority.”
Officers were given different model pistols to replace their SIG Sauer P320 duty pistols, Cole said. That gun is connected to similar instances nationwide of “catastrophic failure” or accidental firings while still holstered.
Media outlets have published numerous instances of P320 malfunctions:
A 2023 investigation by The Trace reported more than 100 people across the country claimed their P320 pistols had fired without a trigger pull between 2016 and 2013. In those incidents, 80 people were wounded.
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