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Bentonville Film Festival Finds Second Home on Second Street

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The Bentonville Film Festival is moving to a new office space on Second Street.

The three-story building is owned by musician and producer Neil Greenhaw, who is using the bottom floor for the new location of his Haxton Road Studios.

The film festival will move into the third floor in January, said Gina Allgaier, the festival’s chief engagement officer.

The building, at 222 SE Second St., is just outside the downtown Bentonville Square. “It’s strategically a great location for us,” Allgaier said.

The Bentonville Film Festival was founded by Trevor Drinkwater and Academy Award-winning actress Geena Davis to highlight and promote women and diverse voices in entertainment. In September, the festival said it would return to Bentonville for a third year on May 2-7.

In 2016, the festival had 34 film entries and attendance was approximately 63,000, an increase of 70 percent from the first year, the festival said.

Allgaier said the Bentonville Film Festival will have an extended panel discussion and expanded judging categories to include short films and commercials, all of which must meet the festival’s diversity criteria.


WLR Warehouse Packaged in $1.7M Transaction

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A warehouse in west Little Rock, a discount store in Conway, a fitness center in Cabot and duplexes in Bryant form this week’s quartet of million-dollar real estate transactions.

• 10 Clearwater Holdings LLC, led by Ryan Ketola, acquired its namesake address for nearly $1.7 million.

Who sold the 50,240-SF Triton Stone facility at 10 Clearwater Drive? Ardoin Management Inc., led by Peter Ardoin.

• Salter Properties LLC of Conway bought the 32,877-SF Fred’s at 1125 Morningside Drive for more than $1.5 million.

Seller: Thomas F. James Realty LLLP of Little Rock.

• Samuel and May Collins sold the 13,120-SF Xertion 24-Hour Fitness Center at 2251 Bill Foster Memorial Hwy. for nearly $1.5 million.

Buyers: Chris and Autumn Branam.

• Jodee Properties LLC, led by John and Deronda Elstrod, purchased seven duplexes at 511-515 North St. and 2506 Laverne Drive for $1 million.

Sellers? Kenneth and Deanna Porter.

First Community Bank of Batesville To Open Little Rock Location

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Six weeks ago, we told you that Batesville’s First Community Bank was looking to enter the Little Rock market and looking at a former Allied Bank location.

Well, an $850,000 deal was struck to acquire the dormant branch at 4900 Kavanaugh Blvd. from Allied’s regulator-assisted successor: Today’s Bank of Huntsville (Madison County).

We understand the 1,426-SF facility will start operations as a loan production office with an eye toward becoming a full-service branch down the road.

Who will be in charge of the new office?

René Julian, a Batesville boy, who comes to First Community via First National Bankers Bank of Baton Rouge, Louisiana.

Julian was a senior vice president in FNBB’s Little Rock office and before that a vice president with Regions Bank.

AMR Ready to Turn Arbitration Award Against Main Street Lofts Developers Into Judgment

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Remember that $896,756 arbitration award for unpaid work and legal expenses against Main Street Lofts LLC et al that we told you about in April?

Little Rock’s AMR Construction LLC, general contractor on the project, is back on track to convert that to a judgment in Pulaski County Circuit Court.

You might recall that a July hearing on the matter was postponed in deference to a would-be white-knight sale to an investment group led by Sam Alley, CEO of Little Rock’s VCC general contracting firm.

That proved to be wishful thinking.

The recent legal activity indicates the foreclosure train should regain momentum regarding the outstanding debt secured by the dormant, unfinished three-building, 125,000-SF redevelopment at 510-524 Main St.

Two lenders also have financial skin in the game: Riverside Bank of Sparkman (Dallas County), which holds a $3.2 million mortgage claim on two of the Main Street Lofts buildings and a $2 million mortgage claim on the M.M. Cohn Building; and the Pulaski County Brownfields Revolving Loan Fund Committee, which holds a $916,000 mortgage.

The Main Street Lofts to-do list includes completing ground floor space planned for the Arkansas Symphony Orchestra, 30 upstairs apartments and doing something with the 62,688-SF M.M. Cohn Building at 510 Main St.

Among the Main Street Lofts ownership group now on the financial firing line are alleged developer Scott Reed and his Reed Realty Advisors compatriot, Brian Corbell, and local investor Wooten Epes.

Notable Arkansas Deaths in 2016

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The first day of 2016 saw the death of a political giant in Arkansas, Dale Bumpers, and in April, Ray Thornton, a respected politician, jurist and educator, died.

Also passing during the year were a number of noted philanthropists, such at Pat Walker; business heavyweights, such as Tyson’s Buddy Wray; and beloved media veterans, including Ben Fry, Allen Weatherly and Beth Ward Haynie.

Following is a reminder of some of the notable deaths of 2016.

January

Dale Bumpers, 90, a former Arkansas governor who served in the U.S. Senate for 24 years, died Jan. 1. Bumpers, considered one of the most talented politicians Arkansas has ever produced, defeated Orval Faubus and Winthrop Rockefeller for governor in 1970 and J. William Fulbright in 1974 for the U.S. Senate. A gifted speaker, Bumpers delivered one of his best-known speeches defending President Bill Clinton during Clinton’s impeachment trial.

Hayes McClerkin, 84, former speaker of the Arkansas House of Representatives, died Jan. 6. McClerkin, a prominent Texarkana lawyer, also served as an aide to Gov. Jim Guy Tucker. He was a member of the House from 1961-70 and was a member of the Arkansas Blue Cross & Blue Shield board, serving as chairman 2004-11.

Bradley Dean Jesson, 83, of Fort Smith, a former chief justice of the Arkansas Supreme Court, died Jan. 11. Most of his career was spent with the Hardin Law Firm, now Hardin Jesson & Terry PLC, but Jesson also served as Fort Smith city attorney, legislative secretary to Gov. Dale Bumpers, chair of the Arkansas Democratic Party, chair of the University of Arkansas Board of Trustees and special master for the Supreme Court in Lake View School District v. Huckabee, the landmark case involving public education in Arkansas.

Jim Hannah, 71, former chief justice of the Arkansas Supreme Court, died Jan. 14. Hannah, a longtime circuit court judge, was elected to the court in 2000 and became chief justice in 2004, serving in that role until August 2015, when he resigned from the court because of illness. He was known for his efforts to make the court system more open to the public and to implement new technologies, particularly digital technologies.

Donald “Buddy” Wray, 78, former president of Tyson Foods Inc., died Jan 18. Wray was instrumental in transforming Tyson Foods into a corporate giant. The University of Arkansas established the Donald “Buddy” Wray Chair in Food Safety in the Dale Bumpers College of Agriculture in 2004, and Wray was inducted into the Arkansas Agriculture Hall of Fame in 2012. He retired from Tyson in 2014.

March

Otto Jech, executive vice president of George’s Inc. of Springdale, died March 6. He was 86. Jech began his poultry career in his father’s chicken coop building business and in 1951 began taking care of a chicken farm for the founder of George’s. He was named executive vice president of the company in 1980.

Ben Fry, the longtime general manager of Little Rock public radio stations KUAR and KLRE, died March 10. Fry, 54, had been general manager of the two University of Arkansas at Little Rock-affiliated stations since 1995, overseeing financial management, engineering, programming and fundraising.

Bob Cooper Coleman Sr., a member of the family that founded Coleman Dairy in Little Rock, died March 18 at the age of 62. Coleman worked for 44 years at Coleman Dairy, which was established in Little Rock in 1862, sold to a dairy cooperative in 1995, and in 2006 became a division of Hiland, owned by Prairie Farms of Carlinville, Illinois. Coleman, head chef of the Coleman Cooking Team, also was active with the Arkansas Hospitality Association, which in 2013 honored him with the Maurice E. Lewis Lifetime Achievement Award.

John Simone, the former CEO of USA Truck Inc. of Van Buren, died March 24 in Fernandina Beach, Florida. He was 54. Simone led a turnaround of USA but took a leave of absence in April 2015 after being diagnosed with lung cancer; he later resigned in July 2015.

Joseph Stanford “Sandy” Boone, 93, of Springdale, a businessman and real estate developer, died on March 31. Boone, the founder of Original Homes Inc., helped organize the Northwest Arkansas Homebuilders Association and served two years as president. He was a director of the National Association of Home Builders for eight years.

April

Raymond Hoyt “Ray” Thornton Jr., 87, a former Arkansas Supreme Court justice and congressman, died April 13. Thornton served Arkansas as attorney general from 1971-73, U.S. representative for Arkansas’ 4th District from 1973-79 and U.S. representative for Arkansas’ 2nd District from 1991-97. He was a state Supreme Court justice from 1997-2005, and he was president of two Arkansas universities: Arkansas State University from 1980-84 and the University of Arkansas from 1984-90. Thornton was the nephew of brothers Witt and Jack Stephens, who founded Stephens Inc. of Little Rock.

Bettye Caldwell, of Little Rock, a pioneer in the field of early childhood development, an educator and a member of the Arkansas Women’s Hall of Fame, died April 17. She was 91. Caldwell, whose research led to the creation of Project Head Start, also was a professor of education at the University of Arkansas at Little Rock in 1974, becoming a Donaghey Distinguished Professor in 1978, and in 1993, she became a professor of pediatrics at the University of Arkansas for Medical Sciences.

Scott Hembree, 55, of Rogers, CEO of Global Dental Technologies in Bentonville, died April 23. Hembree, a Fort Smith native, was a former owner of Trans-American Tire and Trans States Lines in Fort Smith and Sugar Hill Farm in Paris. Hembree was the son of the late H.L. Hembree III, who served as chairman and CEO of Arkansas Best Corp., now ArcBest Corp.

Henry Ford Trotter Jr., a prominent Pine Bluff businessman, died April 25. He was 78. He joined his father in the family business, Trotter Ford, in the 1960s and worked there until his death, serving as chairman. The company, now Trotter Auto Group, expanded to own a number of automobile dealerships.

John Lisle, 77, founder of Lisle Rutledge Attorneys in Springdale, died April 27. Lisle, a trial lawyer, also served in the Arkansas Senate in 1981-83. “To many, being a lawyer was a job,” said his law partner, Donnie Rutledge. “To John, it was something much more. Something that is hard to put into words, but is fundamental, authentic and profound.”

Herbert “Herbie” Byrd, 87, of Little Rock, died April 29. Byrd was a longtime radio broadcaster who covered the Central High Crisis and politicians ranging from Orval Faubus to Bill Clinton.

May

Gus “Buddy” Blass II, 92, a Little Rock businessman and philanthropist, died May 8. Blass began his business career at the Gus Blass Co., leaving to start Capital Savings & Loan in 1961, which grew to almost $100 million in assets before it was sold in 1980. He founded Capital Properties in 1970. Blass served on the board of trustees of the University of Arkansas at Fayetteville from 1981 to 1991.

Michael Allen Lasiter, 50, founder of Redstone Construction Group of Little Rock, died May 31. Lasiter expanded his paving and asphalt company into many areas, including building, recycling, excavation, real estate and the quarry business.

Neal Lance Gildner of Bismarck, owner of Gildner Autogroup in Arkadelphia and noted for his generosity to local nonprofits, died May 29. He was 60.

June

Gary DiGiuseppe, 60, a longtime central Arkansas journalist and newscaster, died June 1 in a vehicle accident. DiGiuseppe was the morning newscaster on “First News With Kevin Miller” on KARN.

Paul Barton, 58, of Arlington, Virginia, a journalist who once was Washington Bureau chief for the Arkansas Democrat-Gazette and whose career included covering Bill Clinton and interviews with President George W. Bush, died June 6.

Wayne Dowd, 74, of Texarkana, a former state senator best known for his work on the Arkansas juvenile justice code, died June 16. Dowd, who served in the Senate from 1978 to 2000, “inaugurated the juvenile court system in Arkansas,” said Tom Cabaniss of Texarkana, a retired CPA long involved in state and local politics. “He was big into judicial code and having a whole separate code for juveniles rather than just hardened criminals.”

Homer Connell, 73, founder of the popular plate lunch restaurant Homer’s Restaurant in Little Rock, died June 17.

Donna Kelley, a KARN radio reporter and newscast anchor, died June 26. She was 66. Kelley, who worked at KARN for 16 years, coming to Little Rock from Orlando, Florida, was remembered as a “consummate professional” and hailed for her journalistic integrity.

July

Don Soderquist, 82, of Rogers, a longtime executive with Wal-Mart Stores, died July 21. He started with Wal-Mart in 1980, serving as an executive vice president. In 1988, Soderquist became chief operating officer and vice chairman, retiring from those positions in 2000. He was inducted into the Arkansas Business Hall of Fame in 2010.

Randy Alexander, a leader in residential real estate in Arkansas who owned McKay & Co. Realtors, died July 22 in Little Rock. He was 71. Alexander joined McKay & Co. as a real estate agent when the company was founded in 1972. In 1980, he became president, and two years later, he purchased the firm’s residential sales division. He retired in 2010, when he closed the firm.

Sheilla Lampkin, 70, a member of the Arkansas House of Representatives from Monticello, died July 23. Lampkin, a retired schoolteacher, was vice chairman of the House Education Committee.

August

S. Gene Cauley, 48, of Hot Springs, once a high-profile class-action lawyer in Little Rock before pleading guilty to stealing millions from a client trust account, died Aug. 12.

Ronald Gene “Ronnie” Baldwin, the executive director of the Arkansas Sheriffs’ Association, died Aug. 28. He was 63. Baldwin, a longtime law enforcement officer, also served five terms as Cross County sheriff, retiring in 2008.

September

Pat Walker of Springdale, a philanthropist and co-founder of the Willard & Pat Walker Charitable Foundation, died Sept. 3. She was 97. Walker had been inducted into the Arkansas Women’s Hall of Fame just a few days earlier, on Aug. 25. Walker’s philanthropic contributions were enormous, and a number of institutions in Arkansas are named for her, among them the Pat Walker Theater at Springdale High School, the Pat Walker Health Center on the University of Arkansas campus at Fayetteville and the neonatal intensive care unit at Arkansas Children’s Hospital.

Andrew Jackson “Andy” Lee III, who served seven terms as Benton County sheriff from 1989-2002, died Sept. 5. He was 68. Lee also served as a Bentonville City Council member and as the executive director of the Bentonville/Bella Vista Chamber of Commerce. Lee was living in Florida but died while visiting relatives in Bentonville.

Pat M. Riley Sr., 92, a Little Rock businessman who invested in nursing homes and opened a number of health clubs, died Sept. 6. In the 1980s, Riley opened four clubs that evolved into the Little Rock Athletic Club, the Little Rock Racquet Club, the North Little Rock Athletic Club and the Downtown Athletic Club. Riley was a member of the Arkansas Tennis Hall of Fame and the Arkansas Swimming Hall of Fame.

Dr. W. Martin Eisele, 94, of Hot Springs died Sept. 14. Eisele, one of the first board-certified surgeons in the state of Arkansas, also served as president of the Hot Springs Chamber of Commerce and was instrumental in promoting a new Hot Springs Community College.

Dale Freeman, Lawrence County judge, died Sept. 17 at 75. He was instrumental in a successful special countywide sales tax election last fall to pay for a new county jail.

Eugene John Post Sr., founder of Mount Bethel Winery in Altus, died Sept. 18. He was 88. Post served on the Franklin County Quorum Court for 42 years.

October

Maurice Jennings, a prominent Fayetteville architect and partner of famed Arkansas architect E. Fay Jones, died Oct. 10. He was 68. Jennings worked on many noted projects, including Thorncrown Chapel in Eureka Springs and the Mildred B. Cooper Memorial Chapel in Bella Vista.

Ron Loveless, 73, a former Wal-Mart and Sam’s Club executive, died Oct. 17. Loveless started at Wal-Mart as a store stocker and worked his way up through the company until Sam Walton, Wal-Mart’s founder, picked him to head the new Sam’s Club division. Loveless retired from the company in 1986.

Ray Gosack, former Fort Smith city administrator, died Oct. 21. He was 58. He worked for the city for 20 years in a number of roles. During his tenure, the city developed its first comprehensive plan, and Gosack was instrumental in the revitalization of downtown Fort Smith and the redevelopment of Chaffee Crossing.

November

Allen Weatherly, 64, who led the Arkansas Educational Television Network through 15 years of awards and online expansion, died Nov. 1. Under Weatherly’s leadership, the Conway-based network of PBS member stations increased educational services, including online professional development for teachers, produced programming and training for Ready to Learn, the network’s children’s media service, and archived the memories of Arkansas’ World War II veterans.

John “Skip” Gregory, 79, a Rogers businessman active in city affairs, died Nov. 7. Gregory, who had owned Gregory’s Menswear in Rogers, served as a city councilman, interim mayor for three months and member of the Rogers Planning Commission.

Reginald D. “Reggie” Marshall, 58, of Little Rock, an interior designer and co-founder of Marshall Clements Interiors & Antiques, died Nov. 30.

December

Christen Franke, an owner and operator with her family of Franke’s Cafeteria in Little Rock, died Dec. 4. She was 37.

Donna Galchus, founding member of Cross Gunter Witherspoon & Galchus PC of Little Rock, died Dec. 4. She was 70. Galchus practiced labor, employment and immigration law for the firm, founded in 1997.

Ron Pierce, 81, of Mountain Home, the founder of Bass Cat Boats and a former member of the Arkansas Game & Fish Commission, died Dec. 4. Pierce was Mountain Home’s mayor from 1976 to 1986 and served on the Game & Fish Commission from 2006-13.

Edward Eugene “Gene” Lewellen Sr., of Little Rock, the owner and operator of Terry’s Finer Foods in Little Rock’s Heights neighborhood for more than 30 years, died Dec. 5, 2016. He was 83.

Beth Ward Haynie, 74, a fixture on Little Rock television for more than 37 years, died Dec. 8. Known as Beth Ward, she had hosted the noon newscast of KTHV, Channel 11, which she had helped launch in 1987 as “Arkansas Today,” and the morning show. She was also widely known for her weather reporting and for hosting “Dialing for Dollars” on KARK, Channel 4, where she began her television career in 1968.

Donald Corbin, 78, of Little Rock, a retired Arkansas Supreme Court justice, died Dec. 12. Corbin also served in the state House of Representatives and on the Arkansas Court of Appeals. He was elected to the state Supreme Court in 1990, retiring at the end of 2014, and participated in a number of high-profile decisions, writing decisions that struck down a ban on gay foster parents and a law requiring voters to show photo identification.

‘He Wasn’t Unkind, but He Was a Crook’ - Best Quotes of 2016

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“He wasn’t unkind, but he was a crook.”

David Hoffman of Santa Cruz, California, reflecting on his business dealings with accused serial fraudster John Rogers of North Little Rock


“I always try to remember what my dad told me years ago: ‘Don’t ever forget what it’s like to sit on the other side of the desk.’”

Darwin Hendrix, chairman and CEO of the Bank of Delight (Gurdon Girding for More Bank Competition)


“He said he was looking for pine trees, and I said, ‘You’re talking with the right person because we have a lot of those in Arkansas.’”

Mark Hamer, director of business development in Asia for the Arkansas Economic Development Commission, on a 2010 breakfast conversation with Hongxin Li, chairman of Shandong Sun Paper Industry JSC Ltd. that led to a billion-dollar industrial announcement for Clark County in April 2016


“Everyone says that if Batman had a mower, it would be a Spartan.”

Robert Foster, founder of Intimidator Inc. of Batesville, maker of Spartan zero-turn lawn mowers


“It was something that devastated me. It was the hardest thing I’ve ever gone through in my life.”

Robert Foster, describing his split with former business partner Phil Pulley, co-founder of Bad Boy Mowers of Batesville, now a rival of Foster


“I grew up in the Holden Avenue Church of Christ in Newport, Arkansas. Jesus loves all the children, red and yellow, black and white. That’s it. That’s my politics.”

— Little Rock lawyer David Couch, who uses initiated acts to liberalize Arkansas law


“David is a stickler for the law. Whatever one might say about David Couch, he is a defender of the law. He believes in it. He never hides behind it. But he thinks it’s a tool for good.”

Marsha Scott, a political and organizational consultant discussing Couch’s initiative efforts


“Alice leaning on us pretty hard helped. She flew us up there several times. We really did not want to go to Bentonville.”

— Dallas restaurateur Shannon Wynne, describing how Alice Walton persuaded him and his business partners to locate a Flying Fish restaurant in Bentonville


“I don’t want to be a chain and I don’t want to be a Chili’s. I want to have a little neighborhood corner restaurant. I like funky.”

David Stobaugh, co-owner of Stoby’s Restaurant in Conway, which is being rebuilt after a fire in March


“It’s our home. It’s always great to come home. We feel like being headquartered in Little Rock has been an advantage for us in a lot of ways.”

Warren Stephens, CEO at Stephens Inc. (Business Icons: Warren Stephens Steers Company Into Growth, Expansion)


“I don’t have anything before me that the plaintiff put a gun to the defendant’s head and made him sign the note.”

— Yell County Circuit Judge Terry Sullivan before granting a $2 million summary judgment against Lex and Ellen Golden of Little Rock, who personally guaranteed to repay the loan to Chambers Bank of Danville


“I always tell people: We’re not making widgets here. We’re making a good time.”

Michael Marion, general manager of Verizon Arena in North Little Rock (Verizon Arena On Track for Biggest Revenue Year Ever)


“Running a restaurant is exactly like running a political campaign. Your clientele are your constituents. You’ve got to communicate with so many different kinds of people from so many different socioeconomic backgrounds and get along and delegate and make quick decisions. You are in politics, sister. You may not realize it, but you are.”

— Little Rock Director Kathy Webb’s advice to Trio’s co-owner Capi Peck, who ran successfully for the Little Rock Board of Directors


“You take people with innovative-type ideas and you get innovative-type results. That is innovation alley over there. During the next 20 years, it is going to become the next redevelopment hot spot.”

Margaret McEntire, founder and former owner of Candy Bouquet International, on the growing wave of commercial makeovers along Sixth Street east of Interstate 30 in Little Rock


“If you wade into the water, whatever is in that water is on your leg.”

Matthew Davidge on buying the former Equity Broadcasting/Soul of the South facility in west Little Rock and the historical controversies associated with both endeavors


“We’re one of the very few airports that set out with that goal and made it.”

Ron Mathieu, executive director of the Clinton National Airport, on becoming debt-free entering 2016


“It was a cage match and it didn’t disappoint from a spectator’s point of view.”

Bob Clausen, KARK anchor, describing Donald Trump’s election night victory over Hillary Clinton


“The only time I was scared [during the 2008-09 financial crisis] was when I remembered Mack had got me into the car business.”

Robert L. Johnson, billionaire founder of Black Entertainment Television, joking about his automotive partnership with Mack McLarty


“Four in 10,000 customers: Even the EPA lets that ride sometimes as acceptable levels of cancer.”

Pat Costner of Eureka Springs, who generates her own solar power, speaking to the state Public Service Commission on the tiny number of current “net metering” customers served by Arkansas utilities


“Yes, Don Hale and I have been conspiring for years and we finally figured out how to dominate the north-central Arkansas financial industry.”

Kirby Williams, joking about the news that he and Hale had gone to work for separate banks after decades of running their own advertising firms in Hot Springs and El Dorado.


“I had only a dream and determination. And something else that was incredibly valuable — my first client.”

Elise Mitchell on starting her Fayetteville PR firm, representing Promus Hotel Corp.


“Newspapers are going to be around for a while. But they’re going to be a premium product for a premium price.”

— Arkansas Democrat-Gazette Publisher Walter Hussman Jr. (Business Icons: Walter Hussman Delivers Innovation to Newspaper Industry)


“The old model was essentially building a very expensive factory to process expensive newsprint paper and sending tons of it out daily by an expensive transportation system only to be looked at once and thrown away.”

— Former Arkansas Gazette Editor Carrick Patterson, describing the daily newspaper business model he now sees as moribund


“I am struck by what we were like 10 years ago, like lemmings about to go off a cliff. We were blissfully ignorant and just thinking about return.”

Rick Adkins, president and CEO of Arkansas Financial Group Inc., discussing the pre-2008 housing bubble


“I saw all those records at the Rose Law Firm, and there was nothing there to be secretive about. Maybe [Hillary Clinton] was embarrassed for people to know the piddling little stuff she was doing for her legal fees.”

— Little Rock journalist Ernest Dumas on the presidential candidate’s penchant for privacy, a trait that dogged her from her Arkansas years to her defeat last month


“This is exactly the kind of project they want to invest in. It’s in the U.S., a stable country, and it’s in an area that needs development, Jefferson County.”

Roger Williams, CEO of Energy Security Partners, describing equity funds’ reaction to his plans to build a $3.5 billion plant to turn natural gas into liquid fuel north of Pine Bluff


“My path was anything but typical. I was a single mother before I started working. I was going to be the best receptionist I could possibly be.”

MaryEmily Slate, on how she rose from being a 19-year-old without any college to become a vice president and plant manager at Nucor Steel


“I couldn’t face it; I should have faced it. If I had faced it, I probably wouldn’t be sitting here.”

Dennis Smiley Jr., the former president of Arvest Bank’s Benton County market, describing how his personal financial habits led him to commit bank fraud


“I don’t know how he got up and went to work at Arvest Bank.”

— U.S. District Judge P.K. Holmes III before sentencing Smiley to 97 months in federal prison for bank fraud


“The future is very bright. It darn well better be; I own a lot of stock.”

Robert Young after retiring as chairman of the ArcBest board of directors after reaching 75


“He’s not going anywhere for three years. He’s going to be on speed dial for me.”

Tom Hayes on Donnie Smith, whom he will replace as CEO of Tyson Foods on Dec. 31


“This gamesmanship is improper in any case. That it has become standard practice for some Respondents only further convinces the Court that this conduct is an abuse of the judicial process.”

— Chief U.S. District Judge P.K. Holmes III on attorneys involved in a controversial class-action case


“We have a huge problem with North College: It looks like shit.”

— Builder Mark Zweig on his quest to rehabilitate one of Fayetteville’s main corridors.


“You don’t know whether to shake his hand or lick his face. My son’s 5 and he looks older than Doug McMillon.”

James Corden, host of the Wal-Mart shareholders extravaganza, about the company’s baby-faced CEO


“We planned a lot of things this morning. That was not one of them.”

— Walmart CFO Brett Biggs after Corden gave him a long hug and a kiss after introducing him at the shareholders meeting


“At my advanced age, it was going to be short term.”

Tom Glaser, 66, about his six-month tenure as interim CEO of USA Truck Inc. of Van Buren


“The goal is not to create winners and losers. The goal is statewide productivity increase.”

Maria Markham, director of the state’s Department of Higher Education, on the state’s new performance-based funding formula


“It’s a happy day for me. This is more than a gift; this is about an investment.”

— Tyson Foods Chairman John Tyson after his family and company donated $15 million to the Arkansas Children’s Northwest


“Our focus now is to find someone to come fill that void.”

— Gentry Mayor Kevin Johnston after the closing of all Walmart Express stores left his city without a grocery


“My clients are very proud of that settlement.”

— Attorney John Elrod of Fayetteville about plaintiffs’ attorneys, including John Goodson of Texarkana, who received $1.85 million from a controversial class-action settlement while only 4 percent of the class members filed a claim


“The fact of the matter is that the parties still unapologetically defend their right to silently forum-shop away from a judge that would scrutinize their settlement and safeguard absent class members’ interests.”

Ted Frank, director of the Competitive Enterprise Institute’s Center for Class Action Fairness (Class-Action Watchdog Says Sanctions Should Stand Against Attorneys)

Arkansas Business Year in Review: Best & Worst of 2016

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Worst 1-2 Banking News

The Lex Golden family steered a second bank holding company into bankruptcy court in July. The Chapter 11 filing for Allcorp Inc., parent company of Community State Bank in Bradley (Lafayette County), was followed two months later by regulators taking over Allied Bank of Mulberry (Crawford County).

The insolvency of Allied came 30 months after the Goldens took the $66.3 million-asset lender’s parent company, Acme Holding Co., into bankruptcy court.

Best Corporate News

Bank of the Ozarks Inc. announced the start of a new Little Rock corporate campus to accommodate its growing staff to support its expanding operations.

First-phase construction of a 180,000-SF building will nearly triple its existing office capacity. Occupancy at the current 92,000-SF headquarters was forecast to max out at 269 next year.

Worst Fraud Prosecution

The U.S. attorney’s office couldn’t prosecute a dead man, so they tried to convict his underlings. That was the backdrop for the government’s unsuccessful case against former One Bank executives Michael Heald and Brad Paul.

With the March 2013 death of One Bank’s owner, Layton “Scooter” Stuart, Uncle Sam went after his executive team.

The government went ahead with an unconvincing case against Heald and Paul after the duo refused to buckle to plea bargain pressure while maintaining their innocence and cooperating with prosecutors.

Ironic twist: Uncle Sam granted immunity to the man who most helped Stuart operate One Bank as his own personal piggy bank: Tom Whitehead, former chief financial officer.

Former Senior Executive Vice President Gary Rickenbach pleaded guilty to a much reduced charge of failing to report a crime and drew a sentence of probation. Only Alberto Solaroli, the Florida resident whose fraudulent $1.5 million loan from One Bank was the basis for all the charges, went to prison and only for a year.

Best Restaurant Resurrection

That looks to be Stoby’s, the beloved Conway restaurant heavily damaged by fire in March. The restaurant was razed, and now David Stobaugh, who owns the restaurant with his wife, Patti, is rebuilding at the same site and hopes to be open in spring 2017. Facebook reactions to the fire revealed heartbreak: “Will there be a chance to give back to Stobys? As in volunteering help to clean up, remove debris, etc.? If so, please post. I would volunteer in a heartbeat.”

Best Preview

Months before her use of a private email server contributed to Hillary Clinton’s presidential loss, journalist Ernest Dumas summed up her most persistent damaging trait.

“She always said things were nobody’s business,” Dumas told Arkansas Business, linking her “obsession” with privacy and secrecy to imbroglios that plagued her starting in her days as Arkansas’ first lady. Whitewater, Travelgate and the stolen emails were all examples of secrecy-related woes.

Dumas had examined the Rose Law Firm files on Madison Guaranty Savings & Loan, the thrift that failed under Jim McDougal in 1989. Madison became an issue in Bill Clinton’s 1992 campaign and a subject in the Whitewater investigation later.

“I saw all those records at the Rose Law Firm, and there was nothing there to be secret about,” Dumas recalled. “Maybe she was embarrassed for people to know the piddling little stuff she was doing for her legal fees.”

Worst Mix Heard on Air

After years of reporting on the Razorbacks, sportscaster Aaron Peters resigned from KNWA-TV in Rogers and KARK-TV in Little Rock in October after saying he had mixed prescription medication with alcohol and appeared briefly on the air.

Peters announced his resignation in a posting on Facebook, saying he had been “asked to step down.” On Oct. 12, he was seen briefly as the sports segment began, slurring his words and seeming intoxicated. The cameras cut away, and Peters said on his video post that he had “made a poor, poor judgment decision,” mixing prescription medication with alcohol between shows.

Peters concluded that it was time “to ponder what to do with the next chapter of my life.”

Best Political Activist

David Couch is a Little Rock lawyer who’s the force behind a number of voter initiatives in Arkansas that have sought to liberalize state law. Among them is this year’s successful Arkansas Medical Marijuana Amendment, which voters approved Nov. 8 by a margin of 53 percent to 47 percent. “The initiative is pure democracy,” Couch says.

Worst Source

Jason Shelby told a remarkable tale. He served 17 years in the Army, was shot three times in Afghanistan and was helped through recovery by driving for the ride service Uber. As odd as it sounds, the Bentonville resident told Arkansas Business in May, the first ride he gave was to a University of Arkansas student from Afghanistan, and the rider’s warm thanks for Shelby’s service had eased his anxiety. “From that point, I knew I was going to be OK.”

He went on to earn a master’s degree at UA, he said.

The only trouble is that the Army could find no record of a veteran by Shelby’s name with such a war record, and the UA could find no record of a degree being awarded to him. Shelby stood by his account of his service, but did not protest after an editor’s note on the discrepancies was published.

Worst Argument

Even Dennis Smiley Jr. rejected his own lawyer’s attempt to blame his victims during his sentencing hearing in January after pleading guilty to bank fraud.

W.H. Taylor of Fayetteville had argued for leniency in a sentencing memorandum by saying that banks should have been more vigilant in preventing Smiley’s scheme, which amounted to 55 fraudulent loans for approximately $6.3 million. U.S. District Judge P.K. Holmes III called it a “somewhat incredulous argument” and Smiley took full responsibility for his crime on the stand.

Holmes sentenced Smiley to 97 months in prison.

Best Buyback

John James started his career as an entrepreneur with Scrub Shopper, an online seller of medical apparel.

Scrub Shopper became one of several subsidiaries under Acumen Brands, the online retail company James founded in 2009. James left Acumen Brands in 2015 to start Hayseed Ventures, which partners with startup companies to help them become successful businesses.

In March, James bought Scrub Shopper back from Acumen Brands for at least $1 million — James declined to give the exact price. James hopes the still-profitable Scrub Shopper will be the foundation for Hayseed’s growth.

“We want to be the largest reseller of scrubs in the world,” James said. “That’s not a joke. That’s literally our plan.”

Worst Turnover

Dallas Cowboys running back Darren McFadden sued his former family friend and financial adviser, Michael Vick of Pulaski County. The Arkansas Razorbacks’ former star running back had given power of attorney to Vick. That decision backfired. McFadden, in the lawsuit, accused Vick of “gross incompetence, self-dealing and outright theft” of more than $15 million. Vick, who shares his name with a former NFL quarterback, has denied the allegations. The case is pending.

Best Startup Price

Wal-Mart Stores Inc. said in August it would spend $3.3 billion to buy the startup online retailer Jet.com of Hoboken, New Jersey.

Launched in 2015, Jet.com was a members-only online marketplace that was founded by Marc Lore, who was a co-founder of Quidsi, which is the parent company of Diapers.com. When Wal-Mart announced the purchase, few people had ever heard of Jet.com. Some retail watchers, though, praised the move and predicted it would be the spark the Bentonville retailer needs to boost its online sales. Others weren’t so sure. “It looks very irrational and desperate,” said Howard Davidowitz, chairman of Davidowitz & Associates Inc., a national retail consulting and investment banking firm in New York.

Worst Exit Strategy

Three middle-aged women who had all worked for First National Bank of Lawrence County for decades smuggled out almost $4 million in cash between 2005 and 2015, covering up the shortage with timely transfers that depended on advance notice of routine audits. The only plan for getting away with it was apparently the suicide of one, who would then be blamed by the surviving conspirators — but her suicide attempt failed.

Peggy Sutton, Brenda Montgomery and Cindy Tate all received 51-month sentences after pleading guilty to bank fraud in U.S. District Court and were each ordered to pay $1.3 million in restitution.

Best Lawyering

U.S. District Judge Kristine Baker sentenced Montgomery and Tate to 57 months in prison for their embezzlement, and Sutton would have received the same sentence had her lawyer, Tim Dudley of Little Rock, not questioned a discrepancy between the plea agreement with federal prosecutors and the pre-sentencing report by the federal probation officer.

As a result, Sutton got a 51-month sentence and Baker similarly reduced the sentences for Montgomery and Tate.

Worst Transparency

When she was running for state auditor in 2014, Andrea Lea said, “Transparency should be the foundation of any public office.” But that was before she was sworn in.

While Arkansas Business was reporting on Lea’s granting of a no-bid contract to inexperienced, overpriced lawyers recommended by campaign contributor John Goodson, one of her former staff members alerted a reporter to the existence of emailed notes about staff meetings with lawyers who wanted the job.

Those emails had not been produced in response to the first Freedom of Information Act request because George Franks, Lea’s chief of staff during her first six months in office in 2015, took the notes and sent them from his personal email address to her personal email address, as she requested.

The emails were then released, and Arkansas Business reported assurances by spokesman Skot Covert that Lea used her personal email very little. That prompted Franks to produce text messages in which Lea repeatedly instructed him to use his private account to send emails about official state business to her private email address — instructions that continued for months after she took office in January 2015.

After those text messages surfaced, Lea said in an email to Arkansas Business, “I made a statement I believed was accurate but based on the texts, it appears I misspoke. … Moving forward, I am implementing a new communication policy for the office to avoid any appearance of impropriety.”

Best Cautionary Tale

On one side of a dispute is an ex-con who said he was attempting to improve his life. On the other side is a couple who went to his church. Both Mike and Gina Fullerton and ex-con Kristian Nelson claim to have been victimized by the other.

The dispute centered on Pinnacle Valley Road west of Little Rock, where Nelson grew up and the Fullertons live now, and where the three hoped to turn a former yoga studio into a restaurant and build an office building next door. The Pinnacle Valley Restaurant opened in 2015, but the office building never got past the slab.

Nelson sued the Fullertons and alleged they used his status as a convicted felon to keep him from getting an ownership interest in their joint business venture. The Fullertons denied the allegation and sued Nelson for filing a false lien. Both cases are pending.

Worst Halftime Speech

We don’t know what Bret Bielema and his coaching staff told the Arkansas Razorbacks while in the locker room with a 24-7 lead over the Missouri Tigers on Nov. 25.

Whatever the gridiron spiel, it should be banished from his playbook, never to be uttered again.

The worst team in the SEC East (2-6 and 4-8 overall) went on to win 28-24 when the Hogs failed to score in the second half.

Perhaps committing the halftime speech to paper with a cathartic burning and burial ceremony is in order.

From the Political to the Criminal: Top 10 Arkansas Business Stories of 2016

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No. 1: Trump Triumphant

In a presidential election like no other, Donald Trump proved all the naysayers wrong.

He overcame 16 Republican primary opponents and Democrat Hillary Clinton, the first woman atop a major-party ticket but also a veteran politico with a gold-plated resume married to one of the best retail politicians the United States has ever produced.

And, as the song says, Trump did it his way.

He was an unconventional candidate, to say the least. Remarks — on Mexicans, immigrants, an American POW, a disabled journalist, the family of a U.S. soldier killed in the Iraq War, Muslims, women — any one of which would have sunk any other candidate only seemed to reinforce his popularity among many.

And revelations — and Trump’s acknowledgement — that he’d avoided paying income taxes for years, along with allegations of shady business dealings and sexual assault, also failed to sway supporters.

Trump’s ideology is flexible and it veers from traditional Republican stands. His views have about-faced on immigration, foreign policy, health care, abortion. However, on a couple of issues he’s remained fairly firm: trade and entitlements. Trump supports international tariffs and has said he wouldn’t cut Social Security, Medicare or Medicaid.

What Trump, a real estate mogul, did that few other presidential candidates have been able to do in recent elections is connect with the crowd. The star (and executive producer) of the reality TV program “The Apprentice” and a consummate showman, Trump exploited his show business experience to successfully sell himself and his campaign, employing the slogan “Make America Great Again” and encouraging the use of simple, memorable chants like “Build the wall” (on the U.S. border with Mexico) “Lock her up” (Hillary Clinton) and “Drain the swamp” (the Washington power structure).

Trump also took full advantage of social media in the form of Twitter, bypassing media outlets — and political handlers — to reach out directly to voters, a practice that @realDonaldTrump has maintained since the election.

His supporters consider Trump an alpha male straight-shooter unconcerned with political correctness who is too rich himself to be beholden to oligarchic special interests. Trump understands his power, noting in January: “I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn’t lose voters.” And though one hopes his theory is never tested, he’s probably right.

Although much has been made of Trump’s defying almost all polling predictions to win the Electoral College and, hence, the election, he trailed Clinton in the popular vote, 62.8 million to her 65.4 million votes, more than President Barack Obama received in 2012. But Trump won in key states with big electoral totals: in the industrial states of Michigan, Wisconsin and Pennsylvania, states hit particularly hard by manufacturing’s decline.

In Arkansas, it was no contest at all. Trump got 60.6 percent of the vote in the November General Election; Clinton, who spent almost a dozen years as the state’s first lady when Bill Clinton was governor, 33.7 percent.

In the Arkansas General Assembly, the election gave Republicans an extra nine seats in the 100-member House, and after the election, three Democrats switched parties, giving the GOP a total of 76 in the House. Republicans also gained two seats in the 35-member Senate for a total of 26.

Victory has a way of reordering the universe and wiping slates — and memories — clean.

In February, Republican Gov. Asa Hutchinson told a Washington audience that the 2016 presidential election was a new phenomenon: “The entrance and the dominance of Mr. Trump on the stage and the way he really consumes the media is extraordinary.” The governor added that “the frustrations with Washington and the establishment has just created a different dynamic than we’ve ever seen before. … All of the criteria that we’ve used to evaluate candidates probably could be thrown out the window this year.”

A few days later, Hutchinson endorsed U.S. Sen. Marco Rubio of Florida for the GOP presidential nomination, saying it was “up to Arkansas to stop the Donald Trump show. The next generation of

conservatives cannot allow Donald Trump to take everything we stand for and throw it away.”

By March, with Trump winning Arkansas’ Republican primary, Hutchinson was saying he’d support Trump if he became the nominee.

By mid-June, after meeting with Trump, the governor said promoting conservative causes was more important than any difference he might have with the businessman, adding, “Anybody’s presidential who’s elected president.”

And by July, speaking before the Republican National Convention, Hutchinson proclaimed, “Donald Trump is the right leader for our time.”

The transition of President-elect Trump to President Trump continues with hardly less drama than the campaign: Calls are circulating for a congressional investigation of a Central Intelligence Agency assessment that Russian hacking was a deliberate effort to tip the election to Trump. Trump disagrees with the CIA’s findings.

The American electorate wanted change. We got it.

No. 2: Health Care in Transition

2016 was a rocky year for health care administrators in Arkansas, and though they worried about the future of Medicaid funding at the start of the year, they pushed forward with major construction projects throughout the state.

Uncertainty bedeviled the start of the year, with hospital administrators unsure if Arkansas’ hybrid Medicaid expansion plan, which had improved the bottom lines of their institutions throughout the state, would continue. Dan Rahn, chancellor of the University of Arkansas for Medical Sciences, warned in April that if the Medicaid expansion wasn’t funded, losses at UAMS could increase by tens of millions of dollars.

It all goes back to the Affordable Care Act, which, beginning in 2014, had expanded health insurance coverage in the United States. Although states had the option of expanding Medicaid using federal money, many states rejected that money. Arkansas, however, created the private option, which used federal Medicaid expansion money to buy private health insurance for Arkansans who earn too much for traditional Medicaid, but not enough to be eligible for federal tax credits on health insurance.

The federal government is paying for all of the cost of the expansion through 2016 and then will gradually decrease its share to 90 percent, leaving the state to pay 10 percent.

Gov. Asa Hutchinson’s plan, Arkansas Works, called for making modifications to the private option, but it still used federal money to buy insurance for the poor.

Arkansas Works faced two hurdles: The Legislature had to approve it in a special session. If it survived there, it then needed a supermajority vote of 75 percent in the state House and Senate in order to receive funding. It overcame both obstacles. Starting Jan. 1, the private option will be called Arkansas Works.

National politics, however, brings further uncertainty.

One of the many campaign promises President-elect Donald Trump made was that he would repeal and replace the Affordable Care Act, which he called a “total disaster.”

Across the country, monthly premiums for private insurance sold through government-run exchanges are ballooning an average of 25 percent starting in 2017. In Arkansas, the premiums on policies sold through the exchange to about 60,000 Arkansans are also climbing, an average 10 or 11 percent in 2017.

What’s more, several insurance companies have turned their backs on Obamacare, saying the exchanges are not profitable. In 2016, UnitedHealth Group said it wouldn’t sell insurance on the exchanges in 34 states, including Arkansas. And QualChoice Life & Health Insurance Co. of Little Rock is withdrawing coverage in certain counties in the state.

After November’s election, Hutchinson remained pragmatic. He said he would ask the Trump administration to approve even more changes to the Arkansas Works program, which covers more than 300,000 Arkansans, that the Obama administration had allowed.

Arkansas’ hospital landscape also was transformed in 2016. In September, the $150 million Baptist Health Medical Center-Conway began taking patients. And St. Bernards Medical Center in Jonesboro has started a four-phase, multiyear $130 million construction project.

In northwest Arkansas, Mercy Northwest announced in April it would spend $247 million over five years on projects that included expanding its Rogers campus and building clinics. Arkansas Children’s Hospital continued with its $167 million hospital project in Springdale, which was announced in 2015 and which is expected to open in January 2018. Washington Regional Medical System’s $65 million Women & Infants Center started taking patients in November.

Opening new facilities doesn’t necessarily mean profits will follow. In November 2015, CARTI opened its $88 million cancer center in west Little Rock. The nonprofit cancer treatment center experienced several one-time events that caused financial problems, and in 2016 it fell below the required debt-service coverage ratio on the $49 million bond issue that was used to build the four-story center. In September, Fitch Ratings Inc. of Chicago, which provides the credit rating for CARTI, lowered its rating on CARTI’s bond from BBB+ to BBB-, which is the lowest investment-grade rating. Fitch’s outlook remained negative.

No. 3 Big Projects Make the News

Steel in northeast Arkansas and wood in the southwest supplied raw material for big economic development news in 2016. Natural gas fueled big dreams in Pine Bluff.

Big River Steel began production at a $1.3 billion plant in March, planning to employ 425 workers eventually. State officials said 100 additional workers would be employed by businesses associated with the plant, the largest private investment ever in Arkansas. Nucor Corp. said it would add a $230 million cold mill to its Blytheville operations, predicting 100 new jobs and bringing Nucor’s payroll to about 1,800 area workers.

Meanwhile, nearly 250 miles away, officials announced plans for a $1.3 billion pulp mill near Arkadelphia expected to employ 250 workers by 2020. Shandong Sun Paper Industry of China will operate the plant, which is expected to pump up to $100 million a year into the economy, on 1,000 acres. As many as 1,000 additional jobs in the timber industry are expected in the plant’s supply chain.

What could be the state’s largest economic development endeavor ever is developing north of Pine Bluff. Energy Security Partners of Little Rock, led by Roger Williams and Arkansas figures Wesley Clark and Rodney Slater, plans a massive $3.5 billion plant for turning natural gas into diesel and jet fuel. A peak construction workforce of 2,700 and 225 long-term jobs are projected. The site was confirmed in September after the Jefferson County’s economic development team secured 1,100 acres with taxpayer money and leased the land to ESP, which is at work securing financing.

In October, Suzhou Industrial Park Tianyuan Garment Co., which makes clothing for Adidas, agreed to put a clothes factory in Little Rock, a $20 million commitment expected to bring 400 jobs. The project represents the first apparel company moving manufacturing from China to the United States, Gov. Asa Hutchinson said.

Intimidator Inc. of Batesville, which makes mowers and utility vehicles, revealed plans for a $12 million expansion to add 400 full-time employees over four years, giving it a workforce of more than 500. FMH Conveyors of Georgia hailed a $12.5 million material-handling factory in Jonesboro, creating 110 jobs.

Northwest Arkansas and the Fort Smith area were job-creation hotbeds, led by Mercy Northwest Arkansas’ announcement of a $247 million expansion and 1,000 new jobs by 2021 at its Rogers hospital and surrounding clinics. Simmons Foods Inc. of Siloam Springs planned to add 100 jobs at leased space in Fort Smith; Bekaert, maker of steel cord for tires, announced increased plant capacity for 100 new jobs; P.H. Glatfelter Co. announced a $12.5 million specialty paper and fiber facility, creating 83 jobs; and Elite Comfort Solutions said it would expand its production of flexible foam bedding and cushions in Fort Smith, adding 100 workers. Shared Services Center-Fort Smith, which supplies business office support in health care, also said it would add 100 jobs.

In the Little Rock area, an American Airlines subsidiary, Envoy Air Inc., said it would bring 60 new jobs to a $2 million aircraft maintenance facility; FedEx marked the grand opening of a 303,000-SF ground facility employing 175 people; and Sig Sauer Inc. finalized plans to move its Elite Performance Ammunition manufacturing to Jacksonville from Kentucky, creating 50 full-time jobs with more promised later.

No. 4: A Wild Ride For Energy

2016 was a roller-coaster year for the state’s energy industry, with fossil fuel companies seeking to rebound and clean energy projects on the upswing.

But since the presidential victory of oil-coal-and-gas-friendly Donald Trump and an OPEC decision to cut production, oil and gas prices have rallied.

As the year began, natural gas was swooning in Arkansas as a supply glut devastated prices and brought drilling to a virtual halt. Production plunged after a 10-year boom, and state severance tax collections fell by half.

Murphy Oil Corp. of El Dorado reported a 2015 net loss of $2.27 billion in January, and later froze top salaries. Layoffs came on top of 2015 job reductions, and dividends were cut. A sale of Canadian assets brought a second-quarter profit, and third-quarter losses moderated. Murphy’s retail fuel spinoff, Murphy USA, fared better, with its stock rising to near $70 a share in December, up from $60.78 on Jan. 4.

In February, Energy Security Partners, led by Roger Williams and Arkansans Rodney Slater and Wesley Clark, proposed a Jefferson County site for a $3.5 billion plant for turning natural gas into liquid fuel. Williams confirmed the site 10 miles north of Pine Bluff in September and said pre-engineering for the project, which would be the state’s largest economic development endeavor ever, has begun. He predicted he would have financing of “$100 million by the first of the year or early 2017.”

Arkansas’ solar-energy industry faced a crossroads. The Public Service Commission is reviewing rules for utility customers who produce their own power, with rate and rebate recommendations due from utilities, environmentalists and consumers by September 2017. Meanwhile, the state’s largest solar array went online in East Camden in March, supplying defense contractor Aerojet Rocketdyne and giving Ouachita Electric Cooperative Corp. a cushion for peak demand. Other cooperatives initiated smaller solar facilities, and Entergy Arkansas says a large field near Stuttgart could deliver power within two years. Scenic Hill Solar of Little Rock, led by former Lt. Gov. Bill Halter, and L’Oreal announced a multimillion-dollar deal to install 4,000 solar panels at the cosmetics giant’s factory in North Little Rock and 5,000 more on the roof of a Kentucky plant.

The Plains & Eastern Clean Line, a nearly $2 billion project to transmit Oklahoma wind power across Arkansas, advanced with federal approval in 2016 after an earlier state rejection and opposition from lawmakers in Washington. But the project faces a court challenge from opponents who allege the misapplication of federal power and an intrusion on local authority. Opponents also fear environmental damage and falling property values. U.S. Sens. John Boozman and Tom Cotton, as well as Rep. Steve Womack, are set to fight the power line anew after Trump’s inauguration.

Changes in Washington could also kill moves to shut down two coal-fired power plants owned by Entergy. The Sierra Club sought the shutdowns in February to meet Environmental Protection Agency clean air rules. Instead, Entergy plans to close the plants, in Jefferson and Independence counties, by 2028. Trump campaigned on curtailing the EPA’s power.

No. 5: Medical Marijuana Gets Voters’ OK

Arkansas became the 29th state and the first in the Bible Belt to approve the sale and use of marijuana for medicinal purposes.

Arkansas voters approved Issue 6, the Arkansas Medical Marijuana Amendment, on Nov. 8 by a margin of 53 percent to 47 percent. Another medical marijuana proposal, Issue 7, the Arkansas Medical Cannabis Act, was struck from the ballot by the Arkansas Supreme Court in late October for not having enough qualified signatures for the voter-initiated proposal.

The amendment passed despite opposition that included Gov. Asa Hutchinson, a former director of the federal Drug Enforcement Administration, and the Arkansas State Chamber of Commerce.

A medical marijuana proposal on the 2012 ballot had been narrowly defeated by Arkansas voters.

Hutchinson said he wouldn’t try to block the program’s implementation and designated $3 million of state funds to fund the startup.

The 2016 amendment calls for medical marijuana to be overseen by three government agencies: the Department of Health sets the guidelines for qualifying conditions and patients and the patients’ caregivers, the Medical Marijuana Commission will grant licenses to dispensaries and cultivation facilities, which will then be regulated by the Alcohol Beverage Control Division.

Hutchinson, President Pro Tempore of the Senate Jonathan Dismang and Speaker of the House Jeremy Gilliam named representatives to the commission on Dec. 7.

Hutchinson named Little Rock oncologist Dr. Ronda Henry-Tillman, who was designated chairwoman of the commission; Dismang named pain management specialist Carlos Roman of Little Rock and Dismang’s former chief of staff, James Miller of Bryant, while Gilliam named pharmacy executive Stephen Carroll of Benton and attorney Travis Story of Fayetteville.

The three agencies have until March 9 to announce their rules for running the medical marijuana program. The commission will begin accepting applications for dispensary licenses by June 1.

Hutchinson said he preferred that the dispensary and grower licenses be awarded through a lottery system similar to the way the state awards alcohol permits. He said that would prevent large companies from dominating the new industry.

State Rep. Doug House filed a bill that would postpone the agencies’ rules deadline until May and the start of dispensary applications until July 1.

The state Legislature has the authority to alter the amendment by a two-thirds vote if, according to the amendment, the changes do not affect the legalization of medical marijuana or the number of dispensaries created.

State Sen. Bart Hester said he is considering a bill to raise additional taxes on marijuana sales to offset his proposed $105 million tax cut.

No. 6: NWA Back to Boom Times

At the 22nd annual Business Forecast Luncheon in January 2016, Kathy Deck said northwest Arkansas was the economic star of the state.

The region added nearly 5,000 jobs in 2015 and Deck predicted it would add another 5,000 in 2016. While the exact statistics of 2016 haven’t been tabulated, it looks like it was another stellar year for northwest Arkansas, as Deck predicted.

“It continues to be nothing short of amazing,” said Deck, the director of the Center for Business & Economic Research at the University of Arkansas at Fayetteville. “The northwest Arkansas economy is very dynamic and it’s huge.”

According to the Arkansas Department of Workforce Services, unemployment in northwest Arkansas was less than 3 percent in September. The national rate was 5 and the state’s rate was 4 percent.

Most of the other economic metrics look strong.

Construction continues to be vibrant in the region. Commercial permits for Benton and Washington counties, the backbone counties of the area, amounted to $206.5 million in the first half of 2016. That figure is more than all of 2015, which had a total of $188 million. The first half of 2015 had $75.2 million in commercial permits; the first half of 2016 saw almost three times that total.

There were numerous big-ticket builds planned or put into construction in 2016. The region’s medical community was at the forefront with multimillion-dollar expansions announced or completed by Mercy Northwest Hospital, Arkansas Children’s Hospital and Washington Regional Medical Center. Hospitals are feeling the need to expand to better serve the area’s growing population.

That need to expand continues to be felt in northwest Arkansas’ residential segment, which has recovered to its prerecession levels. In Arvest Bank’s Skyline Report, there were nearly 1,600 residential building permits issued in the first half of 2016, an increase of 15 percent from the same period of 2015 in Benton and Washington counties. More than 4,300 homes were sold in the first six months of the year, an increase of 16 percent compared with the same span in 2015.

Construction of multifamily units continues strong in northwest Arkansas, thanks to a vacancy rate of just 2.4 percent in the first half of 2016. Fayetteville has three projects totaling nearly 1,110 units under construction, while Rogers and Bentonville have more than 800 under construction.

“If Little Rock is screaming hot, northwest Arkansas is screaming hot squared,” said Jerry Webster, president of Little Rock’s Webster Corp., an apartment broker.

No. 7: Infrastructure Landscape Changing

The central Arkansas infrastructure landscape has been in flux this year, with the Broadway Bridge closing, Robinson Center opening, interstate work and a few smaller public projects.

The bridge, which crosses the Arkansas River and connects Little Rock and North Little Rock, closed Sept. 28. The Arkansas Highway & Transportation Department’s $98.4 million plan is to replace the aging structure in six months.

The Robinson Center in Little Rock comes in at a close second to the bridge in being the most noticeable change. Its 28-month, $68.6 million renovation and expansion concluded Nov. 10.

Funded by a 2 percent advertising and promotion tax, the project included:

• A new ballroom and outdoor terrace overlooking the river;

• A complete reorganization of the back-of-house support areas;

• Performance hall improvements, including more acoustic volume, improved sight lines, bigger lobby spaces and restroom facilities and new box seating along the side walls; and

• Restoration of the building’s exterior.

Also completed this year were improvements to Interstate 40 between Conway and North Little Rock. The 22-mile, $117 million project took about four years and ended in April.

But little progress has been made on the $630.7 million project to expand the Interstate 30 corridor, including its bridge over the Arkansas River. A public meeting was held in April to present two plans: an eight-lane general purpose proposal and a six-lane with four collector/distributor lanes. Also proposed is moving the Cantrell Road interchange that brings drivers from I-30 into downtown Little Rock south to Fourth and Sixth streets.

The next step is for the plans to be honed and for a no-build alternative to be analyzed. The estimated construction timeline is 2018-22.

Other central Arkansas building and development news includes the Little Rock Technology Park’s nearly $7 million worth of phase 1 renovations. The Tech Park announced this month the first tenants moving into its permanent offices at 415 and 417 Main St., set to open March 1. The $100 million project will entail more than 600,000 SF spread over five phases; voters passed a half-cent sales tax in 2011 to provide $22 million for it.

In addition, a $6.2 million federal grant was awarded to the Little Rock Port Authority in August, a grant that will be used to add a new dock with direct dock-to-rail capability and new rail storage at the port’s Slackwater Harbor. That is expected to cost $10 million and take two years.

And in September, the Clinton National Airport learned it was getting a $5.9 million Federal Aviation Administration grant to help it improve 2,500 feet of the pavement of Taxiway A at Adams Field.

In the education sector are four schools that ranked among the state’s largest commercial building projects: the nearly complete $95.3 million North Little Rock High School; Robinson Middle School and Mills High School in Little Rock, weighing in at $37.6 million each; and the $33.3 million Pinnacle View Middle School in Little Rock.

No. 8: Bank Consolidation Continues

Bank consolidation was the biggest business story of 2015 and it continued into 2016, with some of the biggest banks in the state and some of the smaller getting in on the action.

Publicly traded Bank of the Ozarks in July overtook privately owned Arvest Bank as the largest bank chartered in Arkansas by completing two big bites that were announced in late 2015: an $800 million deal to buy Community & Southern Bank of Atlanta and the $402.5 million purchase of C1 Bank of St. Petersburg, Florida.

As of Sept. 30, BOZ’s total assets topped $18.4 billion, while Arvest, which hasn’t made an acquisition since 2013, reached $17 billion.

Centennial Bank, owned by publicly traded Home BancShares Inc. of Conway, remained a distant third at the end of the third quarter, with $9.75 billion in assets. But two more Florida acquisitions announced in the fourth quarter — Landmark Bank of Fort Lauderdale and Bank of Commerce of Sarasota — will add some $670 million in assets and allow Centennial to “crawl over $10 billion,” in the words of Chairman John Allison.

Simmons Bank, which converted to a state bank charter in April, acquired Trust Co. of the Ozarks of Springfield, Missouri, in February and then in September completed the acquisition of a Tennessee bank, Citizens National Bank of Athens.

Another Tennessee acquisition announced in the fourth quarter, First South Bank of Jackson, and Simmons’ biggest yet — a $564 million deal for $2.47 billion Bank SNB in Stillwater, Oklahoma, revealed last week — will combine to bring its assets above $10 billion as well.

Bear State Bank of Little Rock, the smallest of Arkansas’ four publicly traded banks with $2 billion in assets as of Sept. 30, acquired Metropolitan National Bank of Springfield, Missouri, in February.

Bear State also converted from a national to a state charter in 2016, as did Anstaff Bank of Green Forest. As the year draws to a close, the $444 million Anstaff Bank has applied to merge in $125 million Twin Lakes Community Bank, which Anstaff’s parent company, First National Bancorp Inc., acquired at the end of 2015.

Two more announced acquisitions were pending in December:

• First Community Bank of Batesville’s all-stock acquisition of Little River Bank in Lepanto; and

• Central Bank of Little Rock’s acquisition of Pinnacle Bank of Rogers.

And two small Arkansas bank charters disappeared completely in 2016:

• Allied Bank of Mulberry, $66 million in assets as of June 30, was shut down in September by bank regulators, who arranged an emergency acquisition by Today’s Bank of Huntsville, pushing its assets to $184 million as of Sept. 30.

• Community First Bank of Harrison, $469.5 million in assets as of Sept. 30, was acquired in November by $1.5 billion Equity Bank of Andover, Kansas.

No. 9: Goodsons’ Legal Controversies

Class-action attorney John Goodson of Texarkana and his wife, Arkansas Supreme Court Justice Courtney Goodson, dominated legal news in Arkansas in 2016.

John Goodson, a member of the University of Arkansas board of trustees, was sanctioned in August along with other attorneys for abusing the federal court system in a controversial class-action strategy first reported by Arkansas Business in December 2015.

Media attention to the case may have changed the way class-action cases are handled, and media attention to judicial elections — including Courtney Goodson’s unsuccessful run for a promotion — could change the way state Supreme Court justices are chosen in the future.

In January, weeks before voters statewide chose between Justice Goodson and Circuit Judge Dan Kemp of Mountain View to become the state’s chief justice, a three-part series in the Arkansas Democrat-Gazette examined the role of financial contributions to judicial campaigns and the appearance of favoritism shown by the state Supreme Court to a handful of law firms specializing in class-action cases. It found that John Goodson, his law firm and five out-of-state law firms were among the biggest campaign donors.

“Dark money” — spending on advertising by groups that can shield the identity of donors — favored Kemp, the ultimate victor. The influence of identified and unidentified donors contributed to a debate about whether popular elections are the best way to choose appellate judges, a system that Gov. Asa Hutchinson was already concerned about.

In November, the Arkansas Bar Association completed its draft of a proposed constitutional amendment to appoint justices to the state Supreme Court rather than have them elected.

Meanwhile, John Goodson’s method for litigating class-action cases was again being picked apart. U.S. District Court Judge P.K. Holmes III, the chief federal judge for the Western District of Arkansas, learned from Arkansas Business that a case that had been in his courtroom was dismissed in 2015 only to be refiled the next day in state court. (An earlier strategy that Goodson’s firm and others used to generate hundreds of millions of dollars in settlement fees was found to be illegal by the U.S. Supreme Court in 2013.)

Holmes said he never would have approved the settlement, which called for the plaintiffs’ attorneys to quickly receive $1.85 million while thousands of victims had to complete a claims process so onerous that, in the end, only 4 percent filed claims amounting to less than $300,000.

Holmes ordered 17 attorneys involved in the case to explain why they shouldn’t be sanctioned for abusing the court system, a step so rare that it drew attention from newspapers and legal publications nationally.

In August, Holmes reprimanded John Goodson and four other attorneys after finding bad faith and abuse of the court system in their manipulation of the case. Ten other attorneys were found to have abused the judicial process, but their misconduct didn’t rise to the level of bad faith, Holmes said, so they were not sanctioned.

The attorneys’ appeal of Holmes’ order is pending with the 8th Circuit.

The attention that the case has received is expected to make life harder for plaintiffs and attorneys as other judges have now been alerted to their techniques. One law professor said Holmes’ finding is likely to deter plaintiffs’ attorneys and defense attorneys from bailing out of federal court and filing in state court in the hope of getting better results.

Also in 2016, Arkansas Business reported that out-of-state attorneys recommended by John Goodson were given a no-bid contract by state Auditor Andrea Lea for a contingency fee nearly twice as high as other states have committed to pay in pursuit of unredeemed U.S. Treasury bonds that belonged to Arkansans. Goodson contributed to Lea’s campaign for office in 2014.

No. 10: White-Collar Crime

The land of fraud remained a popular domain for denizens of the private and public sector alike during 2016. A calendar sampling of white-collar crimes that generated federal prison time includes:

Jan. 8: Brenda Blair, 48, of Gentry is sentenced to 28 months after waiving indictment and pleading guilty to one count of wire fraud. Blair bilked Tyson Foods of more than $550,000 through illegal benefit payments.

Jan. 28: Dennis Smiley Jr., 52, is sentenced to eight years and a month for bank fraud. The former Arvest Bank executive pleaded guilty to a single count of bank fraud in connection with $5.3 million he obtained from 23 Arkansas lenders through forged signatures and fraudulent collateral.

Feb. 26: Alberto Solaroli, 61, is sentenced to 12 months and one day for money laundering and ordered to pay $120,000 in restitution. That represented a sweet plea deal after a grand jury penned a $1.5 million loan fraud indictment against him for ripping off Little Rock’s One Bank & Trust.

June 29: Andrew Melton, 69, is sentenced to seven years for using hundreds of thousands of dollars from ThermoEnergy Corp. to pay personal expenses. The former chief financial officer of the company was convicted of 12 counts of mail fraud and five counts of failure to remit $1.9 million in payroll taxes to the IRS.

July 25: Little Rock Dr. Robert Barrow, 63, is sentenced to two years for conspiring to commit health care fraud. Barrow swindled $680,000 from Arkansas Blue Cross & Blue Shield and more than $32,000 from dozens of patients.

Sept. 13: Dawn de Brantes, 48, is sentenced to 90 months for investment fraud conspiracy and tax fraud conspiracy. Daniel C. Olivares, her 34-year-old stepson, is sentenced to two years for investment fraud conspiracy.

The Clarksville pair were part of the ZeekRewards online Ponzi scheme, where she was chief operating officer and he was senior technology officer.

Oct. 5: Final sentencing for all three embezzlers at First National Bank of Lawrence County concluded with each defendant receiving 51-month sentences. Peggy Sutton, 61; Brenda Montgomery, 57; and Cindy Tate, 57; admitted to stealing more than $3.9 million from the Walnut Ridge bank during the course of a 10-year conspiracy.

Oct. 27: Ted Suhl, 51, is sentenced to seven years after his July conviction on two counts of fraud and bribery. The case involved Suhl using charitable donations to a West Memphis church to disguise payoffs to benefit his business ventures, which provided behavioral health services for youths.

Much of the money flowed through the 15th Street Church of God in Christ to Phillip W. Carter, 47, with a portion passed on to Steven B. Jones, 51, who both were sentenced in February after making plea deals.

Jones, a former deputy director of the Arkansas Department of Human Services and a former state legislator, was sentenced to two years and six months. Carter, 47, a former probation officer in Crittenden County and a former West Memphis City Council member, was sentenced to two years.


Hot Springs Wants Bold Approach for Downtown

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HOT SPRINGS - Hot Springs officials are set to vote this week on a budget that includes $50,000 to develop a plan for the property where the Majestic Hotel once stood.

The city demolished the landmark hotel after a fire destroyed it in 2014, the Sentinel-Record reported. City Manager David Frasher said any development plan needs to play up the city's namesake thermal water.

Frasher said the water is intrinsic to the city yet inconspicuous to visitors. He said raising its profile should be fundamental to development plans for the site.

"Somebody who named this place was so taken by the hot springs that they named it that," Frasher said at the city's budget presentation last week. "When you think about naming your city after a geographic feature, what if you named your city Canyon, and you got there and the canyon was covered up by a bath house? It would be a strange thing."

Frasher is urging a bold approach to the development. He told officials the property should generate 15,000 visitors a month.

The Hot Springs Board of Directors is scheduled to vote Tuesday on the budget.

A portion of the $50,000 will allow Hot Springs to participate in a program called Kansas State University Targeted Assistance to Brownfield, or TAB. The TAB program helps communities find new purposes for properties where other developments used to be located. The program will create architectural renderings of ideas to visualize development goals.

City officials have said the public will help decide how the property is developed. Dates are being set for workshops that TAB will facilitate. The city has to secure an environmental release for the property before any plan can move forward.

(Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

Natural Grocers Opening New Jonesboro Store, Creating 18 Jobs

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Natural Grocers of Lakewood, Colorado, announced Tuesday that it will open a new store in Jonesboro in the first half of 2017 and bring 18 full-time jobs to the community.

The 25,000-SF store will anchor the Caraway Plaza shopping center at 1315 South Caraway Road, according to a news release. 

Halsey Thrasher Harpole Commercial Real Estate manages the center and brokered the deal to bring Natural Grocers to northeast Arkansas. Managing Partner Gary Harpole told Arkansas Business, "Natural Grocers invests approximately $2.2 million dollars per store when opening a new location."

He said in the release, "This is one of those times when an overwhelming desire of the market gets met by a leading national company. Every survey, formal or informal, that has been conducted in this market asking people what kind of retail development they want to see has resulted in a call for a company like Natural Grocers. They are an incredible operator with an outstanding reputation and history. This is a big day for Jonesboro and northeast Arkansas."

Natural Grocers employs more than 3,000 people, operates 130 stores in 19 states and has stores in Fayetteville and Little Rock.

The company will be hiring store leadership, department managers, cashiers and a nutritional health coach for the Jonesboro location.

"Commitment to our employees has always been a top priority — it is one of the founding principles on which we base our business practices," Kemper Isely, co-president of Natural Grocers, said in the release. "We cannot properly serve our customers without our talented staff and nutrition experts. The crew we're putting in place in Jonesboro will be the experts in their field and will bring a great deal of knowledge and value to the Natural Grocers family and the local community."

Natural Grocers will offer 100 percent USDA Certified Organic produce, naturally raised meats, pasture-based dairy products, free-range and pasture-based eggs; a mix of national brands and locally produced products; and free nutrition education classes to the public.

Burgundy Book: Economic Outlook Better for 2017

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Sixty-five percent of business contacts in the Little Rock zone expect local economic conditions to be better or somewhat better in 2017, according to the latest Burgundy Book.

That's an increase of 17 percentage points from the same time in 2015 when contacts were asked about 2016 conditions.

The Burgundy Book is a quarterly review of economic information by the Federal Reserve Bank of St. Louis. The St. Louis district's Little Rock zone includes the majority of Arkansas, except the northeast part of the state. The population in the zone is about 2.5 million, including 710,000 who live in the Little Rock metropolitan statistical area.

This will be the final Burgundy Book. Next year, zone-specific anecdotal information will be included in a supplement to the Fed's redesigned Beige Book. The Beige Book is released eight times per year, and the next release will be Jan. 18

The zone’s unemployment rate averaged 3.9 percent in the third quarter, up slightly from a record low in the second quarter, according to the report. Jonesboro, included in a separate Memphis zone report, showed an unemployment rate of 3.4 percent.

Payroll employment growth was modest across the zone, faster than the national rate in Fayetteville but slower than the national rate in Little Rock, Fort Smith and Texarkana. Only 40 percent of contacts reported wages were higher or slightly higher year-over-year.

Employment in manufacturing continued to decrease in the third quarter, and transportation sector employment also dropped slightly.

Although single-family homes sales in Little Rock decreased during the third quarter, apartment rents have been increasing by about 2 percent. The vacancy rate has dropped to under 7 percent, with steady declines over the past four quarters.

Growth in house prices throughout the Little Rock zone has fallen behind the national average, but but, according to the Memphis zone book, Jonesboro saw single-family building permits grow at a relatively fast rate during the third quarter.

Per capita incomes in Arkansas are up 1.8 percent from one year ago, and mortgage debt balances have declined 1 percent. But the delinquency rate for automotive debt continued to increase for the Little Rock zone, reaching 3.5 percent in the third quarter, and credit card debt growth increased to triple the national rate.

In the agriculture industry, many Arkansas farmers are expected to experience another tough year because strong national row cop production is keeping prices low.  

Long-Term US Mortgage Rates Hit Highest Levels Since 2014

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WASHINGTON — Long-term US mortgage rates climbed again this week, hitting the highest levels since 2014.

Mortgage giant Freddie Mac said Thursday that the rate on 30-year fixed-rate loans jumped to an average 4.30 percent from 4.16 percent last week and the highest since April 2014. The average for a 15-year mortgage rose to 3.52 percent from 3.37 percent last week and highest since January 2014.

Rates on adjustable five-year mortgages shot up this week to 3.32 percent from 3.19 percent last week and highest since mid-2011.

Rates have surged since the Nov. 8 election of Donald Trump. Investors have bid rates higher because they believe the president-elect's plans for tax cuts and higher infrastructure spending will drive up economic growth and inflation.

And last week, the Federal Reserve, citing improvement in the U.S. economy, raised short-term U.S. interest rates for only the second time in a decade. "The mortgage industry digested the Fed's decision, and this week's survey reflects that response," said Sean Becketti, Freddie Mac's chief economist.

More people are at risk of being priced out of the housing market because rates are rising at a time when there is a shortage of properties for sale, driving bids higher. The National Association of Realtors reported Wednesday that fewer than 1.9 million homes were for sale in November, down 9 percent from a year ago. The median price of an existing home is up nearly 7 percent from a year ago, at $234,900.

The Realtors predict that higher rates and declining affordability in many parts of the country likely will lead to only a small gain in sales of existing homes next year — a 2 percent increase to about 5.52 million.

To calculate average mortgage rates, Freddie Mac surveys lenders across the country between Monday and Wednesday each week.

The average doesn't include extra fees, known as points, which most borrowers must pay to get the lowest rates. One point equals 1 percent of the loan amount.

The average fee for a 30-year mortgage was unchanged this week at 0.5 point. The fee on 15-year loans also remained at 0.5 point.

The fee on adjustable five-year loans stayed at 0.4 point.

(Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

Midwest Buying Spree Lifted US New-Home Sales in November

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WASHINGTON — A buying spree in the Midwest spurred new U.S. home sales last month to the fastest pace since July.

The Commerce Department said Friday that new-home sales in November rose 5.2 percent to a seasonally adjusted annual rate 592,000. It was the fastest pace since July's 622,000. Sales were up 16.5 percent from November 2015.

Sales in the Midwest shot up 43.8 percent, the region's biggest monthly increase since October 2012. Sales were up 7.7 percent in the West, flat in the Northeast and down 3.1 percent in the South.

The median price of new home sold last month was $305,400.

Demand for houses has been strong this year, helped by a healthy job market and low mortgage rates. The unemployment rate is at a nine-year low 4.6 percent, and most workers enjoy job security.

The National Association of Realtors said Wednesday that Americans bought existing homes last month at the fastest pace since February 2007.

But the cheap loans that have supported stronger sales may be vanishing. Long-term mortgage rates have quickly risen since the election. The average 30-year, fixed-rate mortgage rose to 4.30 percent this week, the highest level since April 2014.

Investors have bid rates higher because they believe President-elect Donald Trump's plans for tax cuts and higher infrastructure spending will drive up economic growth and inflation. And last week, the Federal Reserve, citing improvement in the U.S. economy, raised short-term U.S. interest rates for only the second time in a decade.

More people are at risk of being priced out of the housing market because rates are rising at a time when there is a shortage of properties for sale, driving bids higher.

(Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

Arkansas Investors Buy $13.6M Texas Office Building

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A group of investors affiliated with real estate investment partnership CapRocq has purchased the Parkway Commons building at 5068 W. Plano Parkway in Plano, Texas, for $13.6 million.

The deal closed Friday, following the Dec. 14 announcement of CapRocq Core 2's $33.25 million investment in the Wells Fargo Center in Greenville, South Carolina.

Kevin Huchingson and Isaac Smith of Colliers International in Arkansas represented the buyer in the sale. Bruce Butler of Colliers International in Texas represented the seller.

"The strong and improving regional economy in the Dallas area drew our partners to this building," Hutchingson, president and CEO of Colliers in Arkansas and co-founder of CapRocq, said in a news release. He said this is the investors' second acquisition in that market.

Colliers in Texas will lease and manage the three-story, 101,289-SF "Class A" office building in the "Platinum Corridor" of Dallas. It is 89 percent occupied with tenants including Farmer's Insurance, Rugsluxe.com LLC, Qualitest and Kenny's Restaurant Group.

US Home Prices Rise 5.1 Percent in October

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WASHINGTON — U.S. home prices rose again in October as buyers bidding for scarce properties drove prices higher.

The Standard & Poor's CoreLogic Case-Shiller 20-city home price index, released Tuesday, rose 5.1 percent in October from a year earlier after climbing 5 percent in September. Prices for the 20 cities are still 7.1 percent below their July 2006 peak.

The broader Case-Shiller national home price index was up 5.6 percent in October and has fully recovered from the financial crisis.

Prices rose 10.7 percent annually in Seattle, 10.3 percent in Portland and 8.3 percent in Denver. New York registered the smallest year-over-year gain: 1.7 percent.

Home sales and prices have been helped by healthy demand, tight supplies and low mortgage rates.

The National Association of Realtors said last week that fewer than 1.9 million homes were on the market in November, down 9 percent from a year earlier. The tight supply pushed the median price of existing homes to $234,900 last month, up 6.8 percent from a year ago.

But the cheap loans may be vanishing. The rate on the benchmark 30-year, fixed-rate mortgage last week reached 4.30 percent, the highest since April 2014.

Rates have surged since the Nov. 8 election of Donald Trump. Investors have bid rates higher because they believe the president-elect's plans for tax cuts and higher infrastructure spending will drive up economic growth and inflation.

And the Federal Reserve, citing improvement in the U.S. economy, this month raised short-term U.S. interest rates for only the second time in a decade.

(Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


In the Workplace 2017: 'Ban the Box' and Concerted Activity Under the NLRA

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Editor's Note: This is the fourth of five articles this week by the labor and employment team at the law firm of Wright Lindsey Jennings of Little Rock examining key trends for employers and the workplace in 2017. Below, a quick look at two important employment issues that could arise next year.

Momentum for ‘Ban-the-Box’ Continues to Grow

Last year I wrote an article about the "ban the box" movement — an initiative intended to prevent employers from learning about and considering the criminal history of an applicant in the early stages of the hiring process.

The initiative, which delays the background check inquiry, is intended to provide job applicants with a criminal record a more fair chance to make their qualifications known to prospective employers.

Momentum for the policy continues to grow with a total of 24 states now having adopted statewide policies, according to the National Employment Law Project. Additionally, nine states have now removed the conviction history question from job applications for private employers. Although Arkansas has not yet adopted a statewide policy, Pulaski County has now joined the movement by unanimously passing an ordinance removing criminal history questions from the county’s initial employment applications.

The stated purpose of Pulaski County Ordinance 16-1-29A, which took effect in August, is to assist in the “successful reintegration into the workforce of people with criminal records by removing barriers to employment and enhance the health and safety of the community by assisting people with criminal records to lawfully provide for themselves and their families.” The ordinance requires that background checks are delayed until after a conditional offer of employment is made.

If a background check reveals an offense, the county is required to conduct an individualized assessment that consists of a consideration of the nature and gravity of the offense, the time passed since the offense and the nature of the job.

If Pulaski County rescinds an offer of employment based on a finalist’s criminal history, the applicant must be provided with an adverse-action letter that specifies the deadline by which the applicant may contest the accuracy of the reported information or provide evidence of rehabilitation.

Attorneys with expertise in employment screening can help private sector employers who are considering the implementation of a ban-the-box policy. Human resource professionals should be prepared to discuss with counsel the company’s current hiring process and to provide documents that are involved in the hiring process, including employment applications, offer letters and adverse-action notices.

(By Regina Young, a partner at Wright Lindsey Jennings in Little Rock. Her active trial practice includes defending employers in federal and state court litigation and appeals. Email her here.)

Protected Concerted Activity Under the National Labor Relations Act

Recently, the National Labor Relations Board (the board) seems to be focusing more on violations of the National Labor Relations Act (the act) involving non-unionized employees.

That’s right, non-union employees as well as employees represented by a union are protected by the act. Under Section 7, employees have a right to engage in "concerted activities for the purpose of … mutual aid or protection" or "protected concerted activity."

Protected concerted activity involves two or more employees taking action for their mutual aid or protection regarding terms and conditions of their employment. The board’s concept of the type of conduct protected by Section 7 is broader than you might expect.

For example, an employee at a used car dealership in Yuma, Arizona complained to his manager about how sales commissions were being calculated. Later, the owner asked the employee to come to a meeting in the sales manager’s office.

During the meeting, the employee lost his temper and began yelling at the owner calling him a "f--king motherf--ker," a "f--king crook" and an "a--hole." He also told the owner he was "stupid" and stood up during the meeting, pushed his chair aside and warned the owner that if he was fired, the owner would "regret it."

The employee was fired by the owner for his conduct at the meeting. After reviewing the facts, the board concluded that the employee’s conduct was protected by Section 7 of the act and it was against the law for the owner to fire him.

In a similar case, an employee of a catering company became upset because he thought a supervisor had been disrespectful of his co-workers.

The employee posted on Facebook that the supervisor was "a nasty mother f--ker," a "loser," and said "f--k his mother and his entire f--king family."

When the posting was brought to the attention of the employer, the employee was fired. The board found that the employee’s Facebook posting was not so egregious as to lose protection under Section 7 of the act. The board ordered the employer to reinstate the employee and pay him full back pay.

Employers must be very careful how they deal with situations that could involve an employee engaged in protected concerted activity under the National Labor Relations Act.

Currently, the five-member National Labor Relations Board consists of only three members: two Democrats and one Republican. The two vacant seats will be filled by President-elect Trump, giving Republicans majority control.

But this does not mean that employers should expect immediate relief from what some would consider overreaching decisions by a board controlled by President Obama’s appointees.

(By John Davis, a partner at Wright Lindsey Jennings in Little Rock. He represents employers in labor and employment law matters and workers' compensation defense. He advises clients in connection with wage and hour issues, union activity, and employment policies and agreements. Email him here.)

Long-Term US Mortgage Rates Rise, Staying Near 2014 Highs

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WASHINGTON — Long-term US mortgage rates ticked up again this week, staying at their highest levels since early 2014.

Mortgage buyer Freddie Mac on Thursday reported the rate on 30-year fixed-rate loans rose to an average 4.32 percent from 4.30 percent last week. That average is at its highest since April 2014. It's a sharp increase from a 30-year rate that averaged 3.65 percent for all of 2016, the lowest level recorded from records going back to 1971.

The average for a 15-year mortgage rose to 3.55 percent from 3.52 percent last week.

Rates began to climb after the November 8 election of Donald Trump. Investors have bid rates higher out of the belief that the president-elect's plans for tax cuts and higher infrastructure spending will increase economic growth and inflation.

(Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

In the Workplace 2017: LGBT Rights and Immigration Law Compliance

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Editor's Note: This is the last of five articles this week by the labor and employment team at the law firm of Wright Lindsey Jennings of Little Rock examining key trends for employers and the workplace in 2017. Below, a quick look at two important employment issues that could arise next year.

LGBT Rights in the Workplace: What's Next for Arkansas?

In the summer of 2015, the U.S. Supreme Court issued a landmark decision affecting the LGBT community, ruling that same-sex couples have a constitutional right to marry. While there were no such watershed LGBT decisions in 2016, several legal issues are working their way through state legislatures and the lower courts.

Title VII

For example, this year several federal courts considered whether to overturn years of precedent and adopt the U.S. Equal Employment Opportunity Commission’s (EEOC) position that Title VII’s prohibition against "discrimination because of sex" includes a prohibition against sexual orientation discrimination.

In oral arguments held in late November, the judges of the Seventh Circuit seemed inclined to rule that Title VII does cover sexual orientation discrimination. It seems inevitable that this question will ultimately have to be resolved by the Supreme Court. Like Title VII, the Arkansas Civil Rights Act (ARCA) does not list sexual orientation or gender identity as a protected class, but Arkansas courts have looked to Title VII when interpreting the ACRA. If Title VII is ultimately found to prohibit sexual orientation discrimination, we can expect plaintiffs to argue that the ACRA should be interpreted the same way.

At the agency level the EEOC under the Obama administration has identified sexual orientation and gender identity discrimination as an enforcement priority. Many have questioned whether that enforcement priority will change under the incoming Trump administration.

Transgender employees’ restroom access is another area in which legal challenges are working their way through the courts.

Bathroom Access

A bathroom access bill similar to the one passed in North Carolina is expected to be introduced in the 2017 session of the Arkansas General Assembly.

North Carolina’s controversial law requires people to use the restroom of the gender assigned to them at birth and is the subject of more than one pending lawsuit.

Some believe North Carolina’s governor lost his re-election bid at least in part because of the bathroom bill, which many business groups opposed. Should such a bill pass in Arkansas, we can expect national attention and reaction similar to that received by North Carolina.

(By Michelle Kaemmerling, a partner at Wright Lindsey Jennings in Little Rock. Her labor and employment practice focuses on employment and complex commercial litigation in state and federal court, and consumer class action lawsuits. Email here here.)

Immigration Law Compliance: Preparing for a Trump Administration

Donald Trump's victory in November has generated many questions for employers — what's going to happen to the Affordable Care Act, or the U.S. Department of Labor's new overtime rule? — but there is one area slated for change in which employers can prepare for now: immigration.

While Mr. Trump’s proposal for "an impenetrable wall" along the southern border has garnered the most attention, his other immigration policies likely will have a more direct and immediate impact for Arkansas employers.

As an employer you might be thinking, "Well, I don’t have any foreign workers, so changes in immigration policy won't affect me, right?" Wrong.

Trump has consistently stated that he wants to deter illegal immigration by "turning off the jobs and benefits magnet" that attracts foreign workers. In other words, he wants to crack down on businesses that employ people without work authorization.

This likely means more worksite enforcement visits from Immigrations and Customs Enforcement (ICE) to check whether there are workers employed without work authorization. Such visits commonly occur by ICE agents who arrive unannounced (or with very little notice) seeking to audit the company's I-9 forms.

To accomplish his goal of increased enforcement, Trump has proposed tripling the number of ICE agents. He's also suggested that E-Verify should be mandatory for all employers (keep in mind that E-Verify is separate from Form I-9; it does not replace it).

In short, employers need to be prepared for an increase in I-9 audits by a beefed-up ICE agency.

During an ICE audit, employers can find themselves in trouble not only if they have unauthorized workers, but (more commonly) because they did not properly prepare or maintain their I-9 forms for each employee. Penalties can be steep; fines generally start around $200 and go up to several thousand dollars per offense. In 2015, a California company was fined more than $600,000 because it failed to properly complete I-9 forms for its employees.

So what should employers do to get ready for a possible audit?

First, you must prepare. You definitely don't want to wait until ICE is on-site demanding to see your I-9 forms. Therefore, employers would be wise to conduct an internal I-9 audit to identify and correct potential problems now. In fact, an annual internal I-9 audit is on ICE's list of "Best Employment Practices."

If you need another reason to conduct an internal audit, keep in mind that you'll be given safe harbor if ICE discovers an unauthorized worker, but only if you have properly prepared and maintained your I-9 forms.

Unfortunately, audits can create more problems when employers choose to perform them themselves and then commit mistakes that lead to further violations. Common mistakes include filling out new I-9s for employees and throwing the old ones away, making revisions to I-9 forms without signing and dating the changes, and preparing new I-9 forms to correct mistakes and backdating them so they appear to be timely.

Even if these mistakes are "innocent," they can lead to stiff fines.

Therefore, the better practice may be to engage an outside firm to perform the audit, especially if it's the company’s first audit or if the company suspects there may be issues.

Employers can also use an external audit as an opportunity to update I-9 policies and to train compliance employees on proper procedures to prevent future mistakes.

While the future of employer regulations may be uncertain, conducting an internal I-9 audit is an easy step employers can take to ensure they are complying with both current immigration law and likely changes by the Trump administration.

(By Neemah Esmaeilpour, who heads up the immigration law practice at Wright Lindsey Jennings in Little Rock and is a member of the Labor & Employment team. Email him here.)

2016: The Year in Executive Q&A

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Dear Readers,

Last week Arkansas Business subscribers received the Book of Lists, in which we compile most of the business lists that we published throughout 2016. Lists like that — the biggest law firms or the highest-paid executives or the most profitable banks — appeal to the part of the human brain that likes to see data organized (especially the kind of data that can translate directly into business contacts and sales leads).

This week, for the third time, we offer a compilation that appeals to the universal interest in other people: all 50 of 2016’s Executive Q&A features in the first issue of Arkansas Business for 2017.

Executive Q&A is not hard-hitting journalism. We don’t set out to grill the executives who agree to answer questions for us. (In fact, if we suspect we need to grill someone, we don’t ask him or her to participate in this particular feature.) But we do look for a variety of subjects from all over Arkansas and from a broad cross-section of our state’s industries and institutions. We ask questions about the individual, his company and his industry or area of expertise. We try to ask questions that will elicit candid and enlightening answers, but, naturally, some people are more candid and enlightening than others.

I know the Executive Q&A is a popular feature with our readers, mainly because of the response that the executives themselves report after appearing in it. With this issue, you have an opportunity to catch up on any of the Q&A features that you missed.

Executive Q&A will continue throughout 2017. If you know of someone who would make a worthy subject, I’m all ears. Email me at GMoritz@ABPG.com.

Best wishes,
Gwen Moritz, Editor


Executive Q&A - 2016

Dr. R. Cole Goodman
Mercy Clinic Fort Smith
Recruiting - and Retaining - Physicians in Fort Smith Jan. 11
Michael A. Shelley
U.S. Bank
Banking in Arkansas, Singing in Alabama Jan. 18
Dr. Bruce E. Murphy
Arkansas Heart Hospital
The High Cost of American Medicine Jan. 25
Kyle Cook
Brackett-Krennerich & Associates
Jonesboro Region's Growth Keeps Cook Close to Home Feb. 1
Jerry Adams
Arkansas Research Alliance
Excited About Research Talent Attracted to Arkansas Feb. 8
Ted Herget
Gearhead Outfitters
Winning Regional Customers Against National Online Retailers Feb. 15
Jan Collier
AT&T Mobility
AT&T Corporate Leadership Reflects Diverse Workforce, Customer Base Feb. 22
Brad Parsons
NEA Baptist Health System
Private Option 'Critical' Feb. 29
Trey Fayard
GLO Airlines
Trimming Layovers from Flyover Country Mar. 7
Kane Webb
Arkansas Department of Parks & Tourism
Leading the Life of Leisure at Parks & Tourism Mar. 14
Roger Collins
Harps Food Stores Inc.
Allowing Employees To Pull the Strings at Harps Mar. 21
Ramsay Ball
Colliers International
How NWA Land Game Has Changed in Past Decade Mar. 28
Jason Miller
The Bridgeway
The Biggest Myths of Mental Health Apr. 4
Roderick L. Smothers
Philander Smith College
Barriers Breached, But Black Students Still Face Burdens Apr. 11
Cameron Smith
Cameron Smith & Associates
Assessing Assistants Apr. 18
Scott Copas
Baldwin & Shell Construction Co.
The Tools to Building a Career in Construction Apr. 25
Steve Arrison
Hot Springs Convention & Visitors Bureau
Steve Arrison Offers His Conventional Wisdom May 2
Gary Hudson
Farmers & Merchants Bank
Being a Delta Force in the Ozarks May 9
Greg Ramon
Little Rock Wastewater
Pipe Dreams Won't Require Money Going Down the Drain May 16
Kris Upton
RPM Group
How Technology Brings an Agent's Success Back Home May 23
Allen Engstrom
CFO Network
The Biggest Mistake Small Businesses Should Avoid May 30
Rich Huddleston
Arkansas Advocates
Improving Welfare Will Benefit Arkansas' Future Jun. 6
Stacy Leeds
University of Arkansas School of Law
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U.S. Pizza to Open in Jonesboro

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Haag Brown Commercial said Tuesday that U.S. Pizza Co. of Arkansas will open a new restaurant this summer in the Highlands Shopping Center at the intersection of Highland Drive and Red Wolf Boulevard in Jonesboro.

The restaurant will occupy a 6,000-SF space that faces Highland Drive and was the long-time home of Fuji's Japanese Steakhouse, which is moving into the space behind U.S. Pizza.  

The firm said the center had undergone renovations over the past several months.

"The Red Wolf/Highland intersection is ground zero for retail commerce in the Jonesboro trade area," Haag Brown Commercial Principal Joshua Brown said in a news release. "The other three corners are fully developed, so we are expecting The Highlands to be a logical landing spot for new restaurants entering the market."

Zac Qualls, also with the firm, manages the 7-acre property for G&P Development LLC and has overseen its redevelopment.

Brown told Arkansas Business that G&P acquired the center for $5.5 million in 2015, bought a lot directly across from Chili's for $1.25 million in the fall of 2016, and purchased a contiguous building to tear down for $400,000 in the spring of 2016. 

He also estimated that $10 million will have been invested in the center when it's completed. The project involved updating the parking lot, landscaping, exterior and interior, and tearing down two old buildings blocking visibility.

Brown told Arkansas Business the exterior improvements to the center cost more than $1.7 million, and the landlord participation in finishing 60,000 SF should be in the $1.8 million range.

Qualls told Arkansas Business that the center is around 60 percent occupied because prior leases have not been renewed. 

"We are opening up areas of the center in order to land higher quality tenants," he said. 

The center has spaces ranging fro 1,500 to 13,500 SF.

Construction on U.S. Pizza will begin as soon as Fuji's relocates. According to its website, U.S. Pizza has 14 locations throughout the state.

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