JULY 2006 VOL. 62, NO. 7 OFFICIAL PUBLICATION OF THE ARKANSAS MUNICIPAL LEAGUE Mayor Tab Townsell Conway First Vice PrPresidentesident Mayor StewarStewartt Nelson Morrilton President Mayor L.M. Duncan Mayor Rick Holland Bono Benton ViceVice President, District 1 VViceice President, District 2 Mayor Dan Coody Mayor Carl Redus Fayetteville Pine Bluff VViceice PrPresident,esident, District 3 ViceVice President,President, District 4 JULY 2006 VOL. 62, NO. 7 OFFICIAL PUBLICATION OF THE ARKANSAS MUNICIPAL LEAGUE JULY 2006 VOL. 62 No. 7 OFFICIAL PUBLICATION OF THE ARKANSAS MUNICIPAL LEAGUE FEATURES Mayor Tab Townsell Conway First Vice President Bright turnback outlook wraps up 72nd Convention Mayor Stewart Nelson Morrilton 06 Prospects for increased state aid to cities and towns at the 2007 legisla- PrPresidentesident tive session were voiced by at least two legislators. Variety of topics Mayor L.M. Duncan Mayor Rick Holland Bono Benton from bird flu to politics gives a lot of information to take home. Vice President, District 1 Vice President, District 2 08 National League of Cities President Jim Hunt cites national priorities, calls for ‘inclusive communities’ 09 Executive Director Zimmerman: Finances ‘strong’ Policies and goals set agenda for coming year Mayor Dan Coody Mayor Carl Redus 10 Fayetteville Pine Bluff 11 Ever-popular avoiding lawsuits to getting along with Vice President, District 3 Vice President, District 4 media topics at concurrent workshops ON THE COVER: New officers of the Municipal League 14 Outgoing, incoming presidents: city officials can make a difference were elected and began their terms June 16, the final day of 15 Awards presented to cities, individuals the 72nd League Convention, held at the Hot Springs Con- 16 Thank you, Convention sponsors, exhibitors vention Center. President Stewart Nelson will appoint a new 18 Convention delegates listed; pictured Executive Committee; these members and advisory councils Ways for small towns to afford animal control will be published in the August City & Town. Meanwhile visit 36 or revisit the Convention beginning on page 6.—jkw Cushman’s 100! 24 The community was a thriving mining town on the railroad by the time it incorporated in 1906. Girls played baseball on the hill behind a row of stores in the still lively community along Arkansas 69 when a visitor dropped by one night a few weeks ago. DEPARTMENTS Frequently asked questions on clean air act Animal Corner . .36 25 When’s effective date? July 21. More questions and a'TEST Newsletter . .44 answers help city officials comply with new law. Attorney General Opinions . .32 Calendar . .45 Engineering Perspective . .40 Shielded lighting law 27 Here is a sample ordinance to avert costly increase Fairs and Festivals . .31 in installing new street lights. Health Benefit Fund Provider Changes . .51 League Officers . .5 Municipal Mart . .58 Municipal Notes . .28 Obituaries . .31 Planning to Succeed . .34 President’s Letter . .4 EDITOR Professional Directory . .56 John K. Woodruff Sales Tax Map . .54 EDITORIAL ASSISTANTS Sales Tax Receipts . .55 Andrew Morgan Sister Cities International . .38 Lamarie Rutelonis Urban Forestry . .42 HERE’S WHERE TO REACH US: Your Health . .50 501-374-3484 • FAX 501-374-0541 [email protected] • www.arml.org Cover Photos by John K. Woodruff, League staff City&Town (ISSN 0193-8371 and Publication No. 013-620) is published monthly for $15 per year ($1.50 per single copy) by the Arkansas Municipal League, 301 W. Second St., North Little Rock, AR 72114. Periodicals postage paid at North Little Rock, Ark. POSTMASTER: Send address changes to City&Town, P.O. Box 38, North Little Rock, AR 72115. JULY 2006 3 LETTER PRESIDENT’S Dear Friends, I would like to thank the League staff for another great Convention in Hot Springs. We all enjoy the conventions and conferences, but are often guilty for taking the staff’s work for granted. If there was something that you particularly liked or disliked let Ken Wasson at the League know. The Convention and Winter Conference biannual events are opportunities to share with other officials, to go to training sessions, and to visit with vendors or state agencies. In my 11 years attending these events I don’t think that I have ever come back from a single one that I haven’t brought back something that hasn’t helped Morrilton. Particularly the session on “How to Avoid Lawsuits” should be made mandatory if you want to hold public office. The events are opportunities for in-service training for city officials just like other professionals. Last, I would like to encourage everyone including those city officials who didn’t attend the Convention in Hot Springs to meet in Little Rock for the Winter Conference. Working together we are a mighty force. “Great Cities Make a Great State.” Sincerely, Stewart Nelson, Mayor, City of Morrilton President, Arkansas Municipal League CITY & TOWN 4 City attorneys elect officers— Jonesboro City Attorney Phillip Crego, seated, was elected president of the Arkansas City Attorneys’ Association during the Association meeting at the 72nd Arkansas Municipal League Con- vention. Other officers are Gentry City Attorney Jay Williams, left, second vice president, and Mark Hayes, re-elected secretary-treasurer, and Andre Valley, Helena-West Helena city attorney, not shown, first vice president. Arkansas Municipal League Officers Mayor Stewart Nelson, Morrilton President Mayor Tab Townsell, Conway First Vice President Mayor L.M. Duncan, Bono Vice President, District No. 1 Mayor Rick Holland, Benton Vice President, District No. 2 Mayor Dan Coody, Fayetteville Vice President, District No. 3 Mayor Carl Redus, Pine Bluff Vice President, District No. 4 Don A. Zimmerman Executive Director Clerks’ association officers elected— North LIttle Rock City Clerk Diane Whitbey, seated, is the new president of the Arkansas City Clerks, Recorders, Treasurers Associa- tion. Other new officers are Patti Scott-Grey, Texarkana city clerk, first vice president, standing from left; Susan Maynard, Cherokee Village city clerk, second vice presi- dent; Donna Jones, DeQueen city clerk, treasurer; and Marva Verkler, Cabot city clerk, secretary, lower left. JULY 2006 5 F F A T S E U G A E L , F F U R D O O W . K N H O J Y B S O T Registration was quick and easy. Here, Jacksonville O H Councilmember Linda Rinker picks up her packet from P Brenda Gilmore and Jane Barnett, lower left, of the League. League ends busy 72nd convention Aspiring statewide politicians, hot topics as bird flu, cities being sued, extra state money in the till and welcoming people different from our selves and electing new leadership helped comprise a fast-paced annual gathering. By John K. Woodruff, League staff HOT SPRINGS—State officials at touched also on the vital role of city the Municipal League’s 72nd Con- officials informing their congressional vention, June 14-16, raised glimmers representatives of city positions on of hope that increased state tax turn- immigration, telecommunications, back to municipalities might be pos- Community Development Block sible at the next legislative session. Grants and other city issues. If that happens, it would be the Concurrent sessions dealt with first time in more than 20 years that such topics as a pandemic avian flu, cities and towns have received a cities avoiding being sued, the costs boost in the aid from the state. of animal control, getting along with That boost combined with the news media, soaring pharmaceu- political candidates looking for city Coberly Nelson tical and medical costs and others. officials’ votes and some hot, and The barrage of city-relevant even uncomfortable, topics at gen- topics induced a groan or two, as eral and breakout sessions kept the when one delegate muttered to convention lively for the approxi- another attendee that he needed to mately 1,000 participants. The be at two different sessions at the 72nd’s home was the Hot Springs same time. (The League advises Convention Center. cities and towns to send more than National League of Cities Presi- one delegate so they can split their dent Jim Hunt, a councilmember and times among sessions, then share former mayor of Clarksburg, W. Va., findings back home with the entire appealed for the spread of “inclusive governing body.) communities” across the nation. He Statewide political candidates Beebe Hutchinson 6 CITY & TOWN had first opportunity to speak to the general convention Petrus said that a policy decision needs to be made audience. Aspirants for treasurer, attorney general, secre- in the legislature to ensure cities of a growing “stream of tary of state, lieutenant governor and governor spoke at revenue.” the opening meeting June 14 shortly after registration and “You all need to get into a revenue stream that will the exhibit hall opened. have some growth.” He suggested perhaps taxes on new The convention was not all work, however. Desha cars, used cars or boats. County Judge Mark McElroy (a “hoot,” Bentonville Extra revenue for the state or savings in fuel costs Mayor Terry Black Coberly, League president, warned could come from bio-diesel, which, he said, holds “a lot the Wednesday night banquet audience before McElroy of promise.” took control of the mike) lived up to his reputation as a “We have to grow our fuel right here,” Petrus said. raconteur with “down home humor.” Developing bio-diesel from the state’s crops would help Then, some of the lady delegates Thursday night eastern Arkansas and the Delta to develop, he said. worked their way backstage at the Summit arena for a picture and hug with Blake Shelton of Nashville, Tenn. “It’s time we do something” State Rep. Bruce Maloch of Magnolia concurred that the Convention elects new leaders legislature needs to review municipal aid turnback. Of Award presentations and introduction of new turnback, he said, “We know it has basically been flat for League officers closed the three-day convention at a 25 years.” Legislators will examine “additional bur- June 16 luncheon.