There appears to be a man and woman crew stealing equipment off landscapung trucks and trailers in Kernersville. The report is at least one STIHL 600 blower was stolen Tuesday by a couple driving a Black Saturn SUV. Other thefts have been reported and may be linked to a person selling lawn equipment on Craigslist using a phone based on a 770 area code.

Well actually it’s more to do with William Rodgers the former owner of PACE Airlines if that is even true considering the last I heard the bankruptcy administrator wasn’t sure who owned PACE Airlines. Anyway back to the subject. A hearing was held in Forsyth County Superior Court by Judge Edgar Gregory to postpone the case of William Rodgers until April 16th as he has released his prior attorney Walter Horton Jr. and hired Mark Calloway out of Charlotte.

Rodgers was arrested for failing to pay group health insurance premiums for PACE Airline employees in September of 2009 and has been out on Bond since then.

This just in, there have been at least three cars broken into that were parked at Lexington BBQ Friday night. The windows were smashed in the typical smash and grab and included both employee and customer cars. Sheriffs deputies were on the scene while other deputies were responding to calls at Lewisville-Clemmons Rd and Peace Haven.

I will not pass judgment but as a quick note a Wake County Grand Jury indicted three former Perdue campaign workers for filing false campaign reports and obstruction of justice. You can read the story elsewhere but the basics are Juleigh Sitton of Morganton, former the director of the governor’s Western Office in Asheville; and Trawick H. "Buzzy" Stubbs Jr. of New Bern, a former law partner with Perdue’s late first husband were each charged with one count each of filing false campaign reports and obstruction of justice. Former Perdue campaign finance director Peter Reichard of Greensboro was charged with one count of obstruction of justice.

Charges stem from misreporting of campaign flights, hmm where did we hear that one before, as well as not disclosing Sitton was being paid an additional $32,000 — $2,000 a month for 16 months — to work full-time for Perdue’s campaign with money funneled through a banking firm operated by Reichard called Tryon Capital Partners.

Perdue did not comment directly but referred to her statement on the investigation:

"I will, however, reiterate what I made clear at the beginning of the investigation, and what the investigation has confirmed: as a citizen, a candidate for public office, and an elected official, I have strived to follow the rules and laws,"

The Fed has signaled that it favors moving the derivatives to give relief to the bank holding company, while the FDIC, which would have to pay off depositors in the event of a bank failure, is objecting, said the people. The bank doesn’t believe regulatory approval is needed, said people with knowledge of its position.

Vitacost.com out of Boca Raton, Florida but with an distribution warehouse here in Lexington, North Carolina seems to not have a very accurate sales tax calculator. In fact it appears that it is so bad that they are routinely charging upwards of 10.9% Sales Tax for items shipped to Charlotte and over 10% for other various North Carolina zip codes.

Background: Vitacost.com is a vitamin and nutrition supplement online retailer out of Boca Raton, Florida. Vitacost sells national label items as well as items made for their own label using a distribution warehouse built in Lexington back in 2007 with expansion made possible in part by both local incentives as well as $450,000 from One North Carolina Fund in 2010. Listed as VITC on NASDAQ the stock is thinly traded and has remained in the $4.50 to $5 range since it was halted back in December of 2010 after disclosure by the company that it’s financial statements dating back to 1994 were unreliable. Legal action was taken by a group of share holders in 2010 claiming that certain Company officers and directors had “breached their fiduciary duties and unjustly enriched themselves.”

In reviewing a purchase I made with Vitacost I noticed the sales tax rate did not seem to add up and in doing the math I came up with a charge of just over 9%. I then pulled up older orders and found the sales tax rate charged had been incorrect on orders dating back for a year. I emailed the company about the errors and was told that yes they agreed the wrong rate had been charged and if I would provide background information on the orders they would take care of it. I did exactly that but I also stated I was not satisfied with the answer as it appeared this was not a single occurrence and that it looked like the company was charging the incorrect sales tax rates for all North Carolina residents. Needless to say I got no response and didn’t pursue the matter as we were talking about $3-4 so it really wasn’t worth my time. With several months of no response I decided to check their website again and not only were the sales tax rates incorrect but they had gone up to 10.2%! I again emailed the company stating I had pulled the computed sales tax rates for multiple counties in North Carolina and had found not only have they not refunded any money to me but continue to charge an incorrect sales tax rate, of course again I got no response.

So this time I decided to waste a little time and pull some information together for future reference and since I had that info I might as well post it here as well. Using zip codes pulled from Areaconnect.com and Sales Tax Rates from Zip2Tax.com I attempted to checkout using an address based in each of the following zip codes and found the corresponding tax rates being charged by Vitacost.com on a $10 item.

To show I am not just making this up below you will find the checkout form for each of the above zip codes. Does this look like a “math” error to you?

Two reports are out and cited in the Winston-Salem Journal this week state it will be three to four years before unemployment in the Triad area returns to pre-recession levels. I won’t repeat the quoted findings The Journal quotes, you can read them here, but I do question any such report. There is a clear exodus from the Winston-Salem area. This exodus may help lower unemployment rates by simple adjusting the numbers of employable workers but it is a major drain on the pool of skilled employees. This in turn reduces the area’s outlook for generating new jobs as businesses look elsewhere with lower taxes as well as a better educated and trained work force. If you don’t think that is what happens then look at this quote I will take from the paper by a senior economist at Wells Fargo Securities.

"We believe a large proportion of today’s high unemployment is structural in nature, resulting from a huge skill mismatch between the jobs being created and the existing skill sets of jobseekers," said Mark Vitner, a senior economist with Wells Fargo Securities.

Winston-Salem Journal, July 15, 2011

As I have stated in the past with a shrinking business climate and fewer worker bees you will see a general drop in revenue generated for the local governments. This will result in those governments being required to drastically cut budgets and that means laying off more workers, granted we could do with some trimming of public employees around here. Those cuts however won’t be enough to meet deferred cost on expenses the city of Winston-Salem has taken on such as the Baseball stadium and surrounding obligations or plans for a downtown rail line. As the city will have to meet those obligations the only way to do it in a generally smaller and smaller revenue pool is to raise tax rates. Raising taxes on a workforce that is already leaving the area due to high unemployment will just exacerbate the situation in my opinion and in general delay but not solve the problem. As people are taxed more, see fewer opportunities there is a delay in the ultimate leaving of those workers for other areas of the state or country but it is only a delay as they make those plans, it does not stop the migration or the ultimate result.

Maybe it’s time for The Chamber, The Mayor, Winston-Salem Business Inc., Winston-Salem Alliance to stop chasing “Boys of summer” dreams and start wondering why small business after small business is moving outside of the Winston-Salem area or how a almost 43,000 square foot building set empty for TWO YEARS in a prime retail location? By the way I am speaking of the old Circuit City building on Hanes Mall which finally sold in May to a developer who plans to repartition the location into a multi-tenant space.

I have stumbled on an interesting story taking place in Lincoln County, North Carolina and while it is interesting I would hope most readers would be aware that it’s not likely an isolated case. The issue it seems is a Sheriff’s Office that disagrees with Free Speech, Freedom of the Press or apparently following the intent of the law but rather their interpretation of  “the letter of the law.”

The first I heard about this was in reference to a article in the Charlotte Observer concerning Lincoln County Sheriff Carpenter plans to skirt the new public records law Governor Purdue signed by not providing dismissed employees with anything written down about their dismissal but to inform them verbally. The law that was passed opened up public officials records and soon after it was passed papers like the Charlotte Observer made multiple request to law enforcement agencies such as the Charlotte-Mecklenburg Police Department and apparently of the Lincoln County Sheriff for various personnel files. In what can only be viewed as the powerful protecting their own we have the North Carolina Sheriff’s Association, Charlotte’s city attorneys as well as N.C. School Boards Association to name a few all coming out condemning the new law and saying they should not be required to provide such information. Some of those same groups sought an opinion by the N.C. State Attorney General’s Office on the reach of the new law and specifically if it was retroactive and apparently were not happy with the answer they received which was that yes the law was retroactive and yes the law required the written dismissal letters for terminated employees for all state and local agencies.

One would think that makes it pretty clear however per the Charlotte Observer, Sheriff David Carpenter of Lincoln County has no plans to issue any written dismissal letters. The exact quote from the Observer is below as it certainly appears to say the Sheriff doesn’t agree with the State Attorney General’s interpretation of the law and clearly says the Sheriff goes on to say he does not believe the public should have any access to personnel records.

Carpenter, who took office last week, promised to comply with the records law, but said "we’re not going to generate" new documents to satisfy requests by the public.

Read more: http://www.charlotteobserver.com/2010/12/13/1907291/lincoln-county-sheriff-finds-end.html#storylink=misearch#ixzz1RdNOwIdQ

Now this on it’s surface this might not seem so bad but then we have State Senator Pete Brunstetter, a Winston-Salem Republican, submitting a new bill which would reverse the law Perdue signed just last year. Senator Brunstetter’s bill would deny the release of dismissal letters prior to the laws enactment as well as remove any requirement that dismissal letters be written for government employees, thoroughly castrating the open public records law Gov. Purdue signed sending North Carolina back to the time it was considered one of the most closed access Governments.

If the disciplinary action under subdivision (11) of this subsection was a dismissal, a copy of the written notice notice, if created, of the final decision of the head of the department setting forth the specific acts or omissions that are the basis of the dismissal. This subdivision does not require the creation of a notice of dismissal if the creation of the notice is not otherwise required by law.

SENATE BILL 554, § 126‑23, (11a)

Aside from that diversion into the powerful wanting to make sure the powerful stay protected let’s get back to Lincoln County for some more of what appears to be abuse of power. It appears there is or was a criminal case going on between the Sheriff’s spokesman and a local Blogger/News Reporter. I would point you to the post at the News & Observer however they seem to have pulled the post, interesting. So I would point you to the post at news@norman but hmmm, it’s been pulled as well so let’s try the link to the story at The Carolina Scoop but well guess what, it’s missing as well not to mention Google’s cache has no direct hits to the story. It’s almost like somebody has sent DMCA compliant letters to any source of the story so let me see if I can find some more information, ah here we go, “Sheriff’s spokesman charges journalist with harassment.”

Ken Fortenberry, editor and publisher of the Denver-based weekly newspaper news@norman, has threatened to sue TheCarolinaScoop, a Lincolnton Web site, for libel.

Scoop publisher and editor Jon Mayhew, who has also been the sheriff’s publication information officer since June, responded Friday by issuing a criminal summons against Fortenberry for alleged harassment. 

The key here is Jon Mayhew acts as the spokesman for the Sheriff’s Department yet runs a website which competes for readers and one would assume advertising dollars with sites such as the news@norman . Unfortunately other than this single news source it is near impossible to find anything else about what is going on in Lincoln County especially concerning Ken Fortenberry, Jon Mayhew and Sheriff Carpenter. There’s a good number of stories about the prior sheriff’s problems but try to find anything about the above story and it’s a brick wall.

This is why open records and a free press are so important yet North Carolina seems determined to stay an old boys club with the elite protecting the elites and law enforcement doing whatever they want to do, legal or not. Here’s hopping this post doesn’t spark some search warrant…