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BIRD BUSINESS GETTING EXPENSIVE AS FINES MOUNT

January 9th, 2011, 12:01 pm · 2 Comments · posted by Bill Vogrin

Round One goes to the Van Wormers. But Round Two is already costing them cash.

Cynthia Van Wormer kisses one of the birds she breeds and sells from her home in Woodmoor. The neighborhood homeowners association has ordered her to move her business because it violates covenants prohibiting animal breeding. Photo courtesy of KRDO Newschannel 13.

Cynthia and Thomas Van Wormer convinced the El Paso County Commission on Thursday to wink at state laws and county ordinances and let them keep their Rocky Mountain Bird Farm & Pet Supply in their Woodmoor home.

Thomas and Cynthia Van Wormer spoke Thursday to the El Paso County Commission in defense of their Rocky Mountain Bird Farm & Pet Supply business that they operate from their Woodmoor home.

It didn’t bother three members of the commission — Wayne Williams, Amy Lathen and Dennis Hisey — that the business violates state and county rules for home businesses and bird breeding.

Williams said if neighbors can’t hear or smell the birds, then the government should butt out. I call the policy “Don’t Ask, Don’t Smell.”

The three commissioners’ attitude incensed the Woodmoor Improvement Association, which is the homeowners association for the 3,000-home community in the woods east of Monument.

WIA President Chuck Maher called the commissioners gutless and said he wished he hadn’t voted for them. And he vowed the WIA would do what the commission didn’t have the spine to do.

Thomas Van Wormer, business partner Shawn Rapley, and Cynthia Van Wormer listen to testimony Thursday before the El Paso County Commission.

“We will enforce our covenants,” Maher said, vowing to use all means necessary including asking a judge for a restraining order to evict the business from the home.

In fact, the wheels of HOA justice already are turning.

On Friday, the WIA won a court decision against the Van Wormers over legal fees associated with fighting a restraining order the couple brought against the association in October.

The WIA submitted fees of about $1,600 in that case.

And the couple now is liable for daily fines stemming from their home business.

At a November WIA board meeting, the couple was found to be in violation of two covenants. Board members described it as a tense meeting in which Cynthia Van Wormer shouted and used obscenities in addressing the board and neighbors.

It fined them $50 for barking dog violations and $50 for having an unapproved home business, according to WIA attorney Debra Oppenheimer.

Both fines were suspended to let the couple remedy the violations. When their two wolf hybrids were shipped to a sanctuary in California late last month, they avoided the first fine.

But Oppenheimer said the home business continues to operate and the $50 fine will be reinstated along with a $25 daily fine that will accrue until the business is gone. The daily fine took effect Dec. 31, meaning the couple now owes $250 and counting!

I tried to talk to the Van Wormers about all this.

Cynthia Van Wormer called the commission’s decision “fair” but declined to tell me her next move. Instead, she attacked me, accusing me of slanting my original column against them.

Cynthia got very angry when I asked her about her testimony to the commission in which she said only about 25 percent of her 1883-square-foot home is dedicated to the business.

I reminded her that she told me her entire basement — about 1,000 square feet — is filled with 50 birds and she had put her living room and dining room furniture in storage to accomodate another 48 birds. That sounded like far more than 25 percent — the legal limit — to me.

Thomas and their business partner, Shawn Rapley, also criticized me and accused me of being unfair in my portrayal of them.

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Dahlia & Gypsy says:

January 25, 2011 at 6:58 pm

My thoughts and prayers are with you Cynthia, just be strong
this to shall pass and hopefully you can get back to doing what
you love to do the most, raising and caring for these amazing
birds.

Lina Nikolsky says:

May 14, 2011 at 9:17 am

I just want to worry all parrot lovers and tell my own sad story what happened with me.
I always had a dream – to have a pair of WYH amazons and get a babies from them. Breeder Shawn from Colorado offered me a pair. I was concern weather they are male and female. I asked him in my letter specially specified that important to me. He said they are certainly male and fem, proven with other mates. I called him then and he explained they lost their mates and he combined them together. He assured me on his letter that 2 males or 2 females DYH are very competitive and fight.
He said they are both of 2002. I believed him, paid money and he shipped both birds.
They were placed into the big aviary. I started to give them aviagra – as Shawn suggested. After 3 month I found they are not interesting of each other – sit apart, sleep apart. Second bird began a hormonal molting.
I decided to make a DNA test for them.
BOTH ARE MALES!
I checked their leg band codes -HE LIES HERE TOO! One bird has a 92 – year he hatched. Instead the young female what I paid for he sent me a older male!!!
I was in shock. I wrote a letter to Shown. I was hope he’d answer “sorry, it was a mistake. I am ready to correct it somehow…”. Some like that.
But his answer was – it was my fault, I’d do this test right away, not in a 3 month later! I wrote him again and ask him return my money ($650) and I’ll send him these birds back, because I don’t need 2 males especially not tamed and too old for breeding.
He refused. He actually cheated me! He began to play with words. He said he told me they are “proven with previous mates but never be DNA’d”
I wrote him literally:
“If it was said PROVEN BREEDERS – it implied:
1.female laid eggs
2.male had a fertile eggs with his mate
Nothing more.
In this case birds don’t need a DNA test.
When sellers say “proven breeder” they mean just this.
All wording in your letter is just a demagogy. You simply try to make a fool of me….”
He wrote he read number 02 instead 92 by mistake, but it is not important (!).
He ignored everything and didn’t return my money. At last he started to threaten me!
If you are interesting in details – here is the proof. All our correspondence and my short comments: http://www.linadesign.com/coloradobirds
I am really sick now. I am 60. My blood pressure is high. I am so disappointed…
I wish all of you who is reading now my post, never be suffered of scammers.

BIRD BUSINESS GETTING EXPENSIVE AS FINES MOUNT

January 9th, 2011, 12:01 pm · 2 Comments · posted by Bill Vogrin

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