JANUARY 2020 VOL. 76, NO. 01 THE OFFICIAL PUBLICATION OF THE ARKANSAS MUNICIPAL LEAGUE How do you think new money becomes old money? Jim Shenep Dee Davenport David Daniel Robin Thornton Lee Rush SVP, Business Development SVP, Trust Officer SVP, Trust Officer VP, Trust Officer SVP, Trust Officer Little Rock, AR Little Rock, AR Jonesboro, AR El Dorado, AR Little Rock, AR At Simmons, our Investment Management services help you get the most out of your money. Our wealth management professionals have on average more than 20 years of experience and are responsible for over $5 billion in assets. We will manage your portfolio with a diligent approach and in-depth knowledge of the marketplace. We’ll devise clear strategies to help protect and grow your assets. That way, you can continue to work towards the future you’ve always envisioned. Put our experience to work for your legacy. Speak with one of our wealth management experts and start planning your tomorrow. Trust | In vestments | Insur ance | Priv ate Banking Simmons Wealth Management is a marketing name for certain business operations of Simmons Bank (Member FDIC and an Equal Housing Lender) and private banking operations of the Bank. Investment Products Are: Not FDIC Insured | Not Bank Guaranteed | May Lose Value simmonsbank.com MUNICIP S AL A L S E N A A G K U R E A G E R ARK ANSAS MUNICIPAL LEAGUE T GREAT CITIES MAKE A GREAT STATE E A A T T S C T I A TI E ES GR MAKE A ON THE COVER—Cyclists, runners and people of all abilities have helped make the Arkansas River Trail one of the best and most-utilized attractions in Little Rock and North Little Rock. As our executive director points out in his monthly column, building amenities like fantastic trail systems is a fine exam- Cover photo by Mark Potter. ple of local control in action, as are the expansion of high-speed broadband internet or incorporating solar arrays into our utility systems, both of which are featured in this issue. They will also be discussed during next month’s Winter Conference, and we can’t wait to see you there. It’s still not too late to register, so see page 30 for information, and check out the tentative agenda starting on page 26.—atm City & Town Contents Features Arkansas Municipal League Officers ........ 5 Attorney General Opinions ................... 11 Arkansas preps for broadband expansion 14 The governor’s office is finalizing rules for the state’s Community Development ...................... 46 broadband plan, Arkansas Rural Connect, and service providers across the state are taking advantage of Engineering ......................................... 52 federal dollars to help reach Arkansas’ underserved From the Desk of the Executive Director .... 6 areas. Loss Control ......................................... 41 Mayflower celebrates city center opening 16 After a string of natural and manmade disasters in Meeting Calendar ................................ 10 recent years, Mayflower once again has reason to celebrate with the opening of its new city center. Municipal Mart ................................... 70 Solar comes into focus for municipal utilities Municipal Notes .................................. 10 32 With Act 464 of 2019 giving local governments more flexibility in pursuing solar power, cities are weighing Municipal Sidebar ............................... 49 the benefits and the risks of the increasingly affordable Obituaries ........................................... 10 technology. Planning to Succeed ............................. 42 Record retention 101 38 From accounting documents to police citation books, President's Letter .................................... 4 Arkansas statutes govern how long cities and towns must retain records. Sales Tax Map ..................................... 55 Where did I read that? Sales Tax Receipts ................................ 56 59 The annual five-yearCity & Town and legal articles indexes will help you locate articles, columns and Turnback Estimates ............................... 54 legal opinions that appeared in the magazine from Urban Forestry ..................................... 50 2015-2019. XPert Diagnostics ................................. 44 Your Health ......................................... 48 JANUARY 2020 3 PRESIDENT'S LETTER Dear friends and fellow public servants, Now that we have “recovered” from the holidays and entered a new decade, we begin 2020 filled with hope and expectation for the opportunity it brings in Arkansas’ cities and towns. It doesn’t matter where you live or the size of your home- town—we all want to make positive impacts in our communities. We set the table for it by passing 2020 budgets late last year, and in Jonesboro, our city council passed a resolution supporting a continuance of Arkansas’ half-cent sales tax for highway fund- ing. If you have not yet done the same, I encourage you to join the Arkansas Municipal League in its effort to help Gov. Asa Hutchinson keep this small tax in place. Remember, it has not only the support of the governor and AML, but is backed by the state Chamber of Commerce, the Arkansas Trucking Association and the Poultry Federation. This also is a time, as we enter a new decade, in which we are working to ensure every Arkansan is counted in the fast-approaching census. As this will be the first census in the social media era, we must fight misinformation both as a state and as municipalities. Letters will be mailed out in March, and by April an army of census takers will be on our streets, tasked with counting every one of our residents to help ensure we receive our share of roughly $880 billion in federal funding for schools, roads and public services. We also are approaching our annual Winter Conference, which is slated for Feb. 12-14 at the Statehouse Convention Center in Little Rock. Our AML staff has produced a lively and significant agenda that will update us all on the latest laws, needs and concerns in municipal government. Day one includes not only training for city clerks, recorders and treasurers, but also the latest hot topic regarding legalized medical marijuana—how to properly detect and report impairment in the workplace. We will also have a presentation about using GIS in the census, active shooter training, the importance of maintaining home rule in our cities and towns, and other breakout sessions that I’m sure you will find informative. Wishing you a Happy New Year in 2020, Harold Perrin Mayor, Jonesboro President, Arkansas Municipal League 4 CITY & TOWN ARKANSAS MUNICIPAL LEAGUE OFFICERS Mayor Harold Perrin, Jonesboro ...................................... President INCORPORATED TOWNS AND CITIES OF THE SECOND Mayor Gary Baxter, Mulberry ............................First Vice President CLASS ADVISORY COUNCIL: Mayor Dennis Behling, Lakeview, Mayor Paul Wellenberger, Fairfield Bay ..... Vice President, District 1 Chair; Mayor Veronica Post, Altus; Mayor Bo James, Caraway; Council Member Timothy Barnes, Clinton; Mayor Joe Marotti, Council Member Allan Loring, .. Vice President, District 2 Wrightsville Crawfordsville; Council Members Robert Otis and Doyle Scroggins, Mayor John Mark Turner, Siloam Springs ... Vice President, District 3 Fairfield Bay; Council Member Jennifer Porter, Flippin; Mayor Mayor Parnell Vann, Magnolia ................... Vice President, District 4 Jeff Braim and Council Member Anita Seaman, Gassville; Mayor Mark R. Hayes .....................................................Executive Director B.T. Smith, Glenwood; Recorder/Treasurer Jennifer Hill, Haskell; Recorder/Treasurer Mary Ruth Wiles, Highland; Mayor Craig EXECUTIVE COMMITTEE: City Clerk/Treasurer Denise Johnston, Huckaby, Horseshoe Bend; Council Member Lee Guest, Marvell; Batesville; Mayor Darrell Kirby, Bay; Mayor Tim McKinney, Mayor Marion Hoosier, McCaskill; Mayor Carl Lee Griswold, Berryville; Mayor James Sanders, Blytheville; Mayor Jonas Mitchellville; Mayor Bob Blankenship, Monette; Mayor Joseph Anderson, Cave City; Vice Mayor Kevin Settle, Fort Smith; Mayor Carlton, Montrose; Mayor Michael Marsh, Pangburn; Mayor Sammy Hartwick, Greenbrier; Mayor Doug Kinslow, Greenwood; Roben Brooks and Recorder/Treasurer Dane Fults, Redfield; Mayor Mayor Tonya Kendrix, Hermitage; City Manager Catherine Cook, Samuel Quarles, Rosston; Mayor James Jones, Rudy; Mayor Hope; Mayor Pat McCabe, Hot Springs; Council Member Reedie Lisa Hackett, Shirley; Recorder/Treasurer Rick East, Smackover; Ray, Jacksonville; Council Member Sam Angel II, Lake Village; Recorder/Treasurer Rita Fite, Sparkman; Mayor Brenda Porter, Mayor Jerry Boen, Lamar; Mayor Steve Dixon, Marmaduke; Tollette; Mayor Michael R. Frasier, Weiner Council Member James Turner, Mena; Mayor Allen Lipsmeyer, PUBLIC SAFETY ADVISORY COUNCIL: Chief of Police/Assistant Morrilton; Council Member Debi Ross, North Little Rock; City Manager J.R. Wilson, Hope, Chair; Council Member Jim Council Member Tyler Dunegan, Osceola; Mayor Sonny Hudson, Wozniak, Bella Vista; Mayor Kenneth Jones, Brookland; Council Prairie Grove; Mayor Greg Hines, Rogers; Mayor Virginia Young, Member Doug Warner, Cabot; Interim Fire Chief Ronald Nash, Sherwood; Mayor Bobby Neal, Smackover; Council Member Camden; Council Member Crystal Marshall, Crossett; Council Colby Fulfer, Springdale Members Chris Akins and Robin Cook, Dermott; Council Member PAST PRESIDENTS ADVISORY COUNCIL: Mayor Rick Elumbaugh, Dianne Hammond, El Dorado; Police Chief/Mayor Tim Mayfield, Batesville; Mayor Frank Fogleman, Marion; Mayor Joe A. Smith, Gassville/Salesville; Director of Operations Rob Holland,