oing
BEST FISHING IN TEXAS
SPORTS VIEWS
Kaz’s Korner
Capt. Dickie Colburn Page 1B
Page 1B
FISHING AND OUTDDORS Capt. Chuck Uzzle Page 3B
National Dance Day See Page 2A
County Record Vol. 56 No. 15
The Community Newspaper of Orange, Texas
Week of Wednesday, July 23, 2014
Lawsuit moves forward after 2011 inmate death toxicated. When the deputy arrived, she noted Montano was standing at the edge of a neighbor’s property, flailing his arms in the air, sweating profusely and
Debby Schamber For The Record
Attorneys representing the family members of Robert Montano have filed a lawsuit alleging Orange County employees consciously chose not to ensure that Robert Montano, who is a known mental health patient, received basic human needs, medical and mental health care, food or water. The case is set to go to Federal court in November. In addition, the family along with the attorneys from the Bernsen Law Firm are seeking a temporary injunction to shut down the daily activities of the Orange County Jail. They are awaiting a hearing date. According to Cade Bernsen, they feel the procedures of the jail could put other lives at risk. Not only are medical needs not being met, but inmates who may have psychological needs are not being properly served. According to the petition filed with the court, the incident began around 6:24 p.m. on Oct. 7, 2011, when an Orange
a danger to himself and others. He was arrested and charged with the Class C misdemeanor offense of public intoxication. Upon arrival at the county Jail, a nurse evaluated Montano
prior to his acceptance into the jail facility. It was decided Montano would be placed into a medical observation cell, MONTENO DEATH Page 3A
Robert Montano with his family before his death in 2011.
County deputy was dispatched to the area of 9974 Bessie Heights Road, following a 9-1-1 call. The caller indicated Montano “was running around in people’s yards and in the roadway, yelling for help, and saying that there was someone chasing him with a gun.” The caller reported to dispatch he did not see any weapons and it appeared that Montano was in-
New top dog in Orange County David Ball
For The Record
Monday afternoon’s Orange County Commissioners’ Court meeting went to the dogs. Not really, but commissioners did approve an agreement with Hill County Dog Center for the purchase of a new police K-9 for use by the Orange County Sheriff’s Office. The cost of the K-9 will be $13,200. The purchase money will be paid out of OCSO forfeiture account. The new K-9, Striker, will replace Shadow, the K-9 who will honorably retire on July 31, according to Sheriff Keith Merritt. Merritt said he determined Shadow can no longer perform its law enforcement functions due to medical reasons after nine years of faithful service to the citizens of Orange County. Cpl. Russell Hall has been Shadow’s sole handler during the K-9’s service life. Hall will take possession of Shadow and care for him the remainder of his life. Both dogs are Belgian Malinois. “This is the typical age they
yelling. She further indicated that he was foaming at the mouth. Based on her observations Montano was deemed intoxicated to the degree that he was
MERRITT
(K-9s) retire,” said Merritt. “It’s his hips which is common for big dogs and for dogs who do police work with the running and jumping. It’s called hip dis-
placia.” Some of Shadow’s duties throughout his career included apprehending suspects in wooded areas to protect the deputies and drug seizures. Striker is still completing his preliminary training and Merritt hopes he and Hall will be compatible as partners to work as a certified team. “We’re hoping he’s the dog. They’re getting affiliated with each other. We’re pretty sure he’ll be the one,” Merritt said. Hall also has prior dog handling experience from the military before he joined OCSO in COUNTY BUSINESS Page 3A
The Greater Orange Area Chamber of Commerce together with the Stark Cultural Venues are proud to announced the return of Bassmaster Elite Series Tournament at a press conference on July 17 at the chamber’s office. The first tournament was held March 2013. The tournament will be held March 19-22, 2015 at the Orange Public Boat Ramps off of Simmons Drive.
Bassmaster Elite
BASS tournament a repeat in Orange David Ball
For The Record
This is a tale about the one that didn’t get away. The Greater Orange Area Chamber of Commerce together with the Stark Cultural Venues are proud to announced the return of Bassmaster Elite Series Tournament at a press conference on July 17 at the chamber’s office. The first tournament was held March 2013. The tournament will be held March 19-22, 2015 at the Orange Public Boat Ramps off of Simmons Drive. There are eight elite tournaments during the year, said organiz-
er John Gouthia. Todd Faircloth won the last tournament in Orange with 49.6 total pounds. He also won $100,000 in prized money. The tournament will be aired again on ESPN and The Outdoors Channel. “We’re glad to have the Stark Culture Venues with us again,” Gouthia said. Ida Schossow, president of GOACC, said there were 1,142 motel rooms booked for last time. “They’ll be here the Sunday before that (the tournament). All of hotels were all full. It was great for the community.
BASS usually doesn’t come back to back.” There will be additional events this year including music concerts for Thursday night as well as for Friday night. There will also be a possible 5K run, a fish tank, sponsored by Gopher Industrial, for kids to catch fish all four days of the tournament, a carnival, food vendors, a shuttle bus and a fireworks show by Pyrotecnico of Louisiana. “There will be a full week of activities and more entertainment at night. It will be a staycation during Spring Break,” she said.
Schossow said she’s already receiving calls and e-mails from those interested in the tournament. The last tournament in Orange drew a then record crowd for a Bassmaster Elite event with 33,650 people in attendance. Orange still holds the record for one-day attendance with 15,700. There were over 100 volunteers helping with the event. Both Schossow and Gouthia said they thought 10,000 would show up for the tournament in 2013. Never had they dreamed it would be BASSMASTER Page 3A
City of Orange seeking to collect tax money David Ball
For The Record
H • SHERLOCK BREAUX Page...................... 4A • Obituaries Page.......................6A •Dicky Colburn Fishing...................1B • CHURCH NEWS Page................ ......5B • CLASSIFIED ADS Page......................6B
The city of Orange passed two resolutions at their regular meeting Tuesday night in an attempt retain sales tax and Hotel Occupancy Tax monies. The first passed awarded a consultant services agreement to MuniServices, LLC for a sales tax compliance review. MuniServices states their business is designed to assist the city with economic forecasting and in preserving and enhancing its sales and use tax revenues by detecting, documenting, and correcting sales tax misallocations thereby producing previously unrealized revenue for the city while giving the city a more accurate sales tax base upon which to forecast its revenue. The city shall pay MuniServices a 35 percent contingency
fee for the past three years. The fee applies to the sales and use tax revenue received by the city from correction of taxpayer reporting OUBRE errors detected and documented by the sales tax compliance review. MuniServices will invoice city quarterly based on past and/or prospective compliance secured on behalf of the city. Invoices are due and payable upon receipt. Their services would cost the city $3,500 per year. City Manager Shawn Oubre said a similar audit was done six years ago. The need for the audit arose when city employees could not receive a clear answer by the Texas Comptroller of Public
Accounts office. There were big swings in the sales tax collected numbers that was tied to decisions by the comptroller. Oubre favors doing the audit one time and waiting a couple of years for doing so again. The audit will go back three years and take a contingency fee. The contingency fee should be built up enough to pay for itself. Any money collected will go to the General Fund. The second resolution approved was for MuniServices for a local occupancy tax audit. Their services are intended to assist the city in maximizing lodging tax revenue it is entitled to through an on-site examination of records and education of the lodging providers to ensure the appropriate collection and remittance of the lodging tax. The city will pay a $2,000 one-time start-up fee. The au-
dit services shall be provided for a fixed fee of $1,700 for each lodging property audited with 50 percent due at the time of audit approval and 50 percent upon completion of the audit. A minimum of two audits must be performed at any one time. There will also be an annual fixed fee of $250 per each lodging property. If the city permits on-site examination of the records of 10 percent but no less than two of the city’s lodging properties per year to ensure compliance in collecting and returning the local hotel occupancy tax, MuniServices shall discount the administration to an annual fixed fee of $150 per each lodging property. The total price to the city for the 13 motels to be audited is $7,350. Two audits per year will be performed and an in-depth audit of two motels per year.
The council approved the final reading abandoning the block of Jackson Street east of Market Street and maintaining a utility and drainage easement. This portion of Jackson Street is not being used by the general public but is being used as a private drive. An ordinance abandoning the remaining portion of the Water Street right-of-way was tabled. This portion of Water Street has been totally fenced in by the Higman Towing Company and is being used as private property. Councilman Tommy Ferguson said it would be crazy to give away waterfront property. Councilwoman Theresa Beauchamp suggested the city lease the property. Oubre said the city can study the issue and come back at a future council ORANGE TAXES Page 3A