Boulder County house concert regulation update

[skydancergreg]

I do believe the Boulder County Commissioners were frustrated with the heavy-handed approach Land Use Director Graham Billingsley took.  Many people certainly thought he lacked prosecutorial discretion but I didn't think he was a mean man.  Interestingly enough, the Zoning Violations Officer that we were first dealt with back in July 2006 left her job abruptly.  I don't know if it had anything to do with the mistake associated with the original May 2006 inquiry regarding water usage (ill-founded fear of her well drying up which Boulder County doesn't even regulate)

http://magnoliaroad.net/~greg.ching/Ching%20ZON-06-075/Passerini_mistake.jpg

Begin forwarded message:

From: Boulder County Information <colist@bouldercounty.org>
Date: February 1, 2008 3:14:45 PM MST
To: BCPRESSRELEASE@bouldercounty.org
Subject: NEWS RELEASE: Land Use Director resigns position with Boulder County

FOR IMMEDIATE RELEASE:
February 1, 2008
 
Contact: Barb Halpin, Boulder County Commissioners' Office, 303-441-1622, bhalpin@bouldercounty.org
                     
Land Use Director resigns position with Boulder County
Graham Billingsley’s last day will be Feb. 15
 
(BOULDER COUNTY, Colo.) –Land Use Director Graham Billingsley has announced his decision to leave Boulder County to start his own consulting business. Billingsley has served as the County's land use director since 1989. His last day with Boulder County will be Friday, Feb. 15.
 
County Commissioner Cindy Domenico - who has served in Boulder County government during Billingsley’s entire 18-year tenure - said today in a staff announcement, “Graham and his many contributions to public service and to Boulder County will be sorely missed. He has done much for the County in his time as director and we wish him all the best in his new endeavors.”
 
Among his achievements, Billingsley has:
·       Played a critical role in updating the County's Comprehensive Plan, including the recent addition of a highly innovative Sustainability Element;
·       Established the County's Site Plan Review program;
·       Contributed to a significant number of Historic Preservation projects around the county;
·       Co-implemented a Transfer of Development Rights program with the Parks and Open Space Department that has led to the preservation of more than 6,000 acres of agricultural and open space lands;
·       Served as the County's Zoning Administrator, developing programs and enforcing zoning regulations that help provide for the safety of our residents and help protect our natural resources;
·       Launched the County's popular Household Hazardous Waste Management program; and
·       Served as director of the County's Recycling Center and the Division of Resource Conservation. 
 
Most recently, Billingsley has helped oversee an extensive review and revision process for the existing land use code, a process that is putting sustainable land use policies and practices in the forefront of future planning and development in Boulder County.
 
The Board of County Commissioners will appoint Dale Case, Chief Planner, Land Use Department, to serve as acting director for the department.
 
-END-
 
Barb Halpin x 1622
Public Information Officer
Boulder County
Board of County Commissioners
303-441-1622 - office
303-579-0773 - mobile

[skydancergreg]

Another article on the Land Use Director resignation.  Originally we heard his last day was March 25 but it got moved up to Feb 15 for some reason.

http://www.dailycamera.com/news/2008/feb/03/county-land-use-director-resigns/

Despite our request to pick a different date (as we had already secured tickets and purchased conference passes months ago for the International Folk Alliance Conference) Graham Billingsley picked the next hearing date as February 21st.  It's not been publicly posted so I'm hoping the date can still change with enough public pressure.

Although this hearing is not about our specific house concert series, it wouldn't have gotten this far without our involvement.  We believe we deserve the right to be included in this final hearing.  After waiting about 20 months to get this resolved we don't see why another week or even month would matter.  And we did ask in advance if the hearing could avoid certain dates in February and March...it seems a bit petty.

If you have time, please write acting Land Use Director Dale Case (copying the 3 Commissioners if you want) a request to move the Home Events Docket date to a date that the Chings can attend.  This hearing date is also a problem for at least one other unincorporated Boulder County house concert series host affected by these regulations.

dcase@bouldercounty.org

cdomenico@bouldercounty.org

bpearlman@bouldercounty.org

wtoor@bouldercounty.org

If you feel like commenting on the proposed draft

http://www.co.boulder.co.us/lu/code_updates/home_events/pdf/DC07001HomeEventsDraft011808.pdf

Here are some points to consider if you want to add anything more to your letter - you can pick and choose one or two that resonate with you:

(1) Boulder County can exempt "home events" by simply changing the definition of commercial activity.  And do nothing more.  There is no difference in neighborhood impact between a private party host paying the musician versus a private party voluntary contribution basket paying the musician.  Focus on the impact not the type of activity for a clean law;

(2) One obvious problem is how do you handle a New Year's Eve concert if it needs to end by 11 PM?;

(3) The linkage back to home occupations regulations adds an unnecessary large complexity;

(4) The maximum sign size should be increased from two square feet to six square feet per LUC 13-200 (A)(1)(b) which allows a 6 square foot (12 square feet for lettering on both sides) temporary sign.  This is a 2-foot by 3-foot maximum size sign which is really not that large.  "For Rent" and "For Sale" signs of that size are routinely left up for months so why question a home event sign for one night;

(5) The draft regulation is unnecessary because even the Land Use Director admits the one or two obnoxious outdoor events per year can be dealt with existing codes regarding noise or commercial activity;

(6) The draft regulation is unenforceable because who will actually record if you do thirteen or more events with 25 or more people.  It has many large loopholes (e.g. prayer meetings with music, benefit concerts, political fund raisers) so regulating frequency creates enforcement problems;

(7) The draft regulation is unconstitutional because it violates 1st and 14th amendments - rights of free speech and assembly; prior restraint; unequal protection under the law.  Why can wealthy people have as many private parties as they want but a group of people can't share the cost?  How is the impact different for 13 house concerts versus 13 political fund raisers or charity events with entertainment?  All these events could potentially have the same impact on a neighborhood.  Why is a 300-person outdoor polo charity event (regularly taking place in Boulder County) allowed more flexibility than a quiet indoor event?;

(8) Boulder County has already spent 20 months of staff time pursuing this regulation with so little to show.  Taxpayers should be sickened by the resources devoted to this non-issue.  Imagine the additional cost if a well-funded house concert host decided to challenge this regulation aggressively in court...someone less friendly would have consumed far more staff time and legal resources;

(9) Many cities and counties around this country allow house concerts to take place without conflict.  Boulder's cultural reputation has been damaged already.  Provide protection of house concerts in the Land Use Code but do nothing more;

(10) Prosecutorial discretion needs to be adopted.  Boulder County should re-evaluate the anonymous complaint policy.  Graham Billingsley apologizes for the software error on the initial inquiry (water usage) that should have been immediately dismissed given Boulder County does not regulate water usage.  (The concern was unwarranted as well.)  The anonymous complaint the Chings received could have started as an exaggerated 19-point "non-complaint" but there's no way to track anonymous complaints.  The only name that is registered is a hypersensitive complainant who has called DIA over 500 times in one year to complain about airplane noise.

Other municipalities have ignored anonymous complaints (as they could be from outside the jurisdiction) or have required two separate named complaints (so one chronic complainer cannot abuse the system) within a short time period.  Others have attached some penalty for frivolous complaints.

[skydancergreg]

Good news...the County Commissioners will reschedule the Feb 21st public hearing.  Like visiting your dentist, rescheduling means we won't have our hearing until late April which is what we had expected.

Please continue to send letters regarding the draft regulation to give our Commissioners political cover should they decide to weaken the proposed regulation.  However, you no longer need to ask them to move the hearing date.

Thanks for those of you who wrote letters asking to change the date!

[skydancergreg]

Dale Case, the interim Boulder County Land Use Director, just confirmed today a new date March 13 for the Commissioners meeting to discuss Home Events.  Hopefully this will be our very last public hearing on this topic!  It will be in the same Pearl Street Courthouse Public Hearing room we've always used.  We could use a good turnout on this last hearing.

There will NOT be a hearing on Feb 21st.  Thanks again for those who wrote letters asking that the date be changed for us. 

If you have time please comment on the proposed draft regulation per any of the 10 reasons cited in earlier postings.  Thank you. 

http://www.festivarian.com/index.php/topic,2032.msg18215.html#msg18215

[skydancergreg]

Just got a call from The Duhks manager today.  When I get more details I will post but wanted to let folks know The Duhks (www.duhks.com) will be playing two benefit concerts on Wednesday, April 16, and Thursday, April 17. 

[skydancergreg]

*** Thursday, March 13 at 5PM in the Pearl Street Courthouse is
hopefully our last public hearing on this topic.  Public written
comments will be accepted through this next Tuesday March 4th.  ***

If you can spare 2 minutes (preferably before Tuesday, March 4),
please write Boulder County acting Land Use Director Dale Case
(copying the 3 Commissioners below if you can) about your feelings
regarding the proposed "home events" regulation.

http://www.co.boulder.co.us/lu/code_updates/home_events/pdf/DC07001HomeEventsDraft011808.pdf

It would be best if you did not simply forward this e-mail but
actually used your own words. 

dcase@bouldercounty.org

cdomenico@bouldercounty.org

bpearlman@bouldercounty.org

wtoor@bouldercounty.org


Here are 10 points to consider - you can pick and choose one or two
that resonate with you:

(1) Boulder County can exempt "home events" by simply changing the
definition of commercial activity.  And do nothing more.  There is no
difference in neighborhood impact between a private party host paying
the musician versus a private party voluntary contribution basket
paying the musician.  Existing noise regulations should apply equally
to all outdoor events from BBQs to concerts.  Focus on the impact not
the type of activity for a clean law;

(2) One obvious problem is how do you handle a New Year's Eve concert
if it needs to end by 11 PM?;

(3) The linkage back to home occupation regulations adds an
unnecessary large complexity - this will confuse both house concert
hosts and regulators;

(4) The maximum sign size should be increased from two square feet to
six square feet per LUC 13-200 (A)(1)(b) which allows a 6 square foot
(12 square feet for lettering on both sides) temporary sign.  This is
a 2-foot by 3-foot maximum size sign which is really not that large.
"For Rent" and "For Sale" signs of that size are routinely left up for
months so why question a home event sign for one night;

(5) The draft regulation is unnecessary because even the former Land
Use Director admitted the one or two obnoxious outdoor events per year
were dealt with existing codes regarding noise or commercial activity;

(6) The draft regulation is unenforceable because who will actually
record if you do thirteen or more events with 25 or more people.  It
has many large loopholes (e.g. prayer meetings with music, benefit
concerts, political fund raisers) so regulating frequency creates
enforcement problems;

(7) The draft regulation is unconstitutional because it violates 1st
and 14th amendments - rights of free speech and peaceful assembly;
prior restraint; unequal protection under the law.  Music is a form of
protected free speech.  Why can wealthy people have as many private
parties as they want but a group of lesser means people can't share
the cost?  How is the impact different for 13 house concerts versus 13
political fund raisers or charity events with entertainment?  All
these events could potentially have the same impact on a neighborhood.
 Why is a 300-person outdoor polo charity event (regularly taking
place in Boulder County) allowed more flexibility than a quiet indoor
event even if the house concert host owns more land?

(8) Boulder County has already spent 22 months of staff time pursuing
this regulation with little to show.  Taxpayers should be sickened by
the resources devoted to this non-issue.  Imagine the additional cost
if a well-funded house concert host decided to challenge this
regulation aggressively in court...someone less cooperative would have
consumed far more staff time and legal resources;

(9) Many cities and counties around this country allow house concerts
to take place without conflict.  Boulder County's cultural reputation
has been damaged.  Provide protection of house concerts in the Land
Use Code but do nothing more.  House concerts build community so they
should be encouraged not discouraged;

(10) Prosecutorial discretion needs to be adopted.  Boulder County
should re-evaluate the anonymous complaint policy.  Former Land Use
Director Graham Billingsley apologized for the software error on the
initial inquiry (perceived high water usage) that should have been
immediately dismissed given Boulder County does not regulate water
usage.  (The concern was unwarranted given how little well water is
used by the Chings.)  The anonymous complaint the Chings received
could have started as an exaggerated 19-point "non-complaint" but
there's no way to track anonymous complaints.  The only name that is
registered currently is a hypersensitive complainant who has called
DIA over 500 times in one year to complain about airplane noise.  Who
is being harassed?

Other municipalities have ignored anonymous complaints (as they could
be from outside the jurisdiction) or have required two separate named
complaints (so one chronic complainer cannot abuse the system) within
a short time period.  Others have attached some penalty for frivolous
complaints.

[skydancergreg]

Former Pima County (AZ) Commisioner Clark Chapman sent me a copy of the letter he sent today to the Boulder County Commissioners.  Thanks, Clark! 

You still have time to e-mail commissioners@co.boulder.co.us or commissioners-AT-bouldercounty.org - and if that's too intimidating just comment on the proposed regulations before Tuesday, March 4th

http://www.co.boulder.co.us/lu/code_updates/home_events/DC07001_meeting_031308.htm

2 March 2008

Boulder County Board of Commissioners
Boulder County, Colorado
via email

Re:  House Concerts and Home Events

Dear Commissioners,

   I regret that my wife and I will be out-of-town at the time of the March 13th hearing dealing with "home events".  I hope that this hearing will finally result in a return to reason on this matter that grew out of a set of misunderstandings about Debbie and Greg Chings' neighborhood house concerts and potlucks.  As you know, a divisive wound was dealt to the Magnolia Road community when (1) a habitual complainer mentioned the house concerts as an aside to his mistaken and misdirected complaint about the Chings' water usage and (2) a simple inquiry by a neighbor was treated by Graham Billingsley as a complaint.

   The "day the music died" in 2006, the Land Use Department closed down these wonderful community events in the mistaken belief that the parties were somehow a "business," built on an absurd contention that anything not expressly permitted in the Land Use Code is forbidden.  Indeed, the Land Use Code appears -- by common understanding of the English language -- to permit the Chings' events since the Group Gatherings provision (LU Code Art. 4-517-C) specifically regulates "festivals" or "social gatherings" *only* if they involve more than 25 people *and* exceed 10 hours duration.  Since the Chings' events are never longer than 4 hours, they should be exempt from regulation.

   Mr. Billingsley attempted to justify his interpretation that these parties were a "business" because there were contributions, in this case small donations from the party-goers to the singer-songwriters featured at the parties.  Under this interpretation, all kinds of social activities that traditionally occur in people's homes would be ruled illegal, including political fundraisers, charity events, Tupperware parties, Super Bowl parties, birthday parties, educational and religious events, and so on.  It is normal for people to reimburse their hosts for food and drink, to bring gifts to birthday parties, to pay clowns/musicians/other performers, to contribute to teachers, to donate to charities, and so on, at events in people's living rooms or back yards.

   The more Mr. Billingsley tried to "improve" his draft code, the more intrusive it became, reaching into ever more living rooms in Boulder County and threatening an ever broader variety of social events.  The right thing to do is for Boulder County to realize that this whole process has been a mistake and just back away.

   Even in the rural foothills, we all accept occasional noise (e.g. chain-saws at work, an amplified band, barking dogs) that would be intolerable if they happened incessantly.  There already are sufficient laws and procedures to address events or situations that exceed normal community standards and intrude seriously into the lives of others.  A complaint to the Sheriff and arrival of a deputy at the scene almost always suffices to quiet down a boisterous event or get people behaving appropriately with regard to sanitation, blockage of roadways, etc.  No new laws to regulate “home events” are needed.

   That this matter should have arisen from such utterly non-intrusive events as indoor, non-amplified music -- much quieter than many people's stereos -- testifies to the exceptional sensitivity of the anonymous complainer, presumably Mr. Norman Lederman, who (along with his wife) was the sole person to testify against the Chings among the 150 people who attended the Board of Adjustment meeting last autumn.  Lederman recently wrote a highly deceptive letter to the Mountain-Ear newspaper about outdoors, amplified music, while his actions have shut-down inaudible, indoors activities of his neighbors.

   I understand that Mr. Billingsley has left Boulder County government.  But if his strange interpretations of the Land Use Code continue to be held by his successor or by other employees of the Land Use Department, then perhaps you folks -- the Commissioners -- could clarify the code, for example by (a) stipulating that normal social activities are not automatically deemed to be businesses merely because money, food, or gifts are exchanged, and (b) stating that social activities that do not involve enough people or last long enough to qualify as a "Group Gathering" under the code are expressly permitted, provided that they do not violate other laws.  And there must be more accountability in enforcement of County ordinances so that a single idiosyncratic individual cannot wield power via an anonymous complaint.

   My wife and I, who hosted you in our home for a neighborhood gathering last autumn, are very appreciative of your policies and efforts on behalf of the citizens of Boulder County.  We hope that you will agree that Mr. Billingsley's crusade was an aberration in our community's general support for the arts and for social networking that are epitomized by the Chings' house concerts.

                     Yours truly,



                     Clark R. Chapman

[skydancergreg]

http://dailycamera.com/news/2008/mar/04/no-headline---04elet/

[Auntie Hope]

http://dailycamera.com/news/2008/mar/04/no-headline---04elet/

Thank You to Mr. Kaminsky.

Auntie Hope

[skydancergreg]

Due to some scheduling changes, The Duhks concert at the Nederland Community Center has been moved to Tuesday, April 29, and Wednesday, April 30.  This concert will include new material from their next album (anticipated release date July 2008).  This theater seats 261 only so it's intimate.

$25 general admission tickets for this benefit will be sold through www.greenduhks.com.  No service charges.

I haven't set up these new shopping cart items on greenduhks.com yet but I will soon.  These seats may sell out fast given that the next time The Duhks appear in Colorado may be the Telluride Bluegrass Festival (June 22) this summer!  I am putting together a VIP package that will include two (2) tickets, an autographed original art limited edition poster commissioned by The Duhks, and a MP3 download of the concert.  The MP3 will be professionally recorded, mixed, and mastered by top-notch locals.  This VIP package will likely go for $100.

The Duhks are making a special trip to Colorado to support our house concert legal defense and to raise money for The Duhks Sustainability Project.  If you or your company/organization wish to help sponsor this event please contact me.  I am looking for both financial and in-kind help from finding a dozen airplane tickets to funding a short video promoting sustainability.  Before the show, during intermission, and after the show there will be a mini sustainability fair.  There will also be a silent auction so goods and services would be appreciated, too.  This will be a zero-waste carbon-neutral concert.  Discounts at local restaurants and lodges will be available for those who wish to spend more time before and after the show.

Please don't forget the "home events" public hearing in front of Boulder County Commissioners this Thursday (March 13) at 5 PM.  It's telling us something when the public comment period closed BEFORE the Land Use department released their recommendations.  Although Graham Billingsley has left, the acting Director Dale Case seems to be supporting Graham's decision to regulate house concerts more than other private parties.  Very unfair.  More details at www.aspenmeadowshc.org

Here is a 2005 house concert sample by The Duhks.  They lost to the Dixie Chicks for a Grammy nomination about a year ago so it's a real honor.

http://magnoliaroad.net/~amhc/images/Duhks%202005/DeathCameAKnocking.AVI

To play .AVI files on a Mac's QuickTime Player you may need to install a free trial decoder

http://www.3ivx.com/download/index.html

[skydancergreg]

Listen to http://aspenmeadowhc.org/index.php?page=press&display=560&category=Radio_Interviews for a 5-minute interview

There are three County Commissioners and it looks like we have the support of one.  If you live near Boulder please consider attending the 5 PM, Thursday 13 March 2008 public hearing at the Pearl Street County Courthouse.  Or please convince some music lover to be there...they don't need to speak but help fill the room.  Unfortunately, most of the Nederland folks are attending a 6 PM Board of Trustees candidate night so I need help from Boulder and surrounding folks.

Reservations for The Duhks show at the Nederland Community Center can be made for

Tuesday 29 April 2008: http://ectores.luisys.com/make_res.php?event_id=279

Wednesday 30 April 2008: http://ectores.luisys.com/make_res.php?event_id=280

VIP packages and single tickets can be purchased via

http://greenduhks.com/index.php?page=shop&display=Benefit_Concerts

[skydancergreg]

I know it's after the public comment period closed but I felt like getting this off my chest.  If the intent is to encourage community building activities like living room concerts then this new regulation is not the right approach.

   greg

Begin forwarded message:

From: Greg Ching <greg.ching@mric.coop>
Date: March 13, 2008 2:24:34 AM MDT
To: Cindy Domenico <cdomenico@bouldercounty.org>, Ben Pearlman <bpearlman@bouldercounty.org>, Will Toor <wtoor@bouldercounty.org>
Cc: Dale Case <dcase@bouldercounty.org>
Subject: Sample house concert video clips

Dear Commissioners,

I was disappointed the "home events" public comment period closed before the staff recommendations came out.  While I realize this proposed regulation is not about my situation specifically, I think you should get some background on how it triggered almost two years of County attention.  I certainly have no intention of going into this much detail at the public hearing.

First, I thought it would be useful for you to see a sample house concert clip.  I would invite you to a house concert except I believe you all can't be in the same private event at the same time as it would constitute a public meeting?  And short of bringing a performer to you, I don't have a way of capturing the experience.  What I cannot capture is the potluck camaraderie that takes place the hour before the concert.  My guests often have no experience with the performer; they come for the sense of community and music is second.  Many neighbors bike or walk over but those who come by vehicle are asked to carpool.  I generally have 6 to 12 cars depending on time of year...fewer cars in the summer.  All cars park on my property.

Although these potlucks are private invitation-only events, over the years my neighbors have invited their neighbors to attend with them.  If you've never actually attended a house concert, here is a 2005 house concert video clip by The Duhks (www.greenduhks.com) who are playing a post Earth Day event at the Nederland Community Center April 29-30 to help with my house concert legal expenses.  The Duhks lost to the Dixie Chicks for a Grammy nomination about a year ago so it's a real honor.

http://magnoliaroad.net/~amhc/images/Duhks%202005/DeathCameAKnocking.AVI

To play .AVI files on a Mac's QuickTime Player you may need to install a free trial decoder

http://www.3ivx.com/download/index.html

For those on dial-up here's a 2003 performance of Peter Mayer accompanied by Magnolia neighbor Steve Szymanski.  We rarely use amplification...in over 100 concerts since 1999 we've amplified less than 10.  This was actually our first experience when Peter came with a hoarse throat and begged us to let him use his amp.  We have never received a single noise, traffic, or parking complaint.  The July 2006 cease-and-desist was our first communication from the County.

http://magnoliaroad.net/%7Eamhc/images/Peter%20Mayer%202003/MOV02481.MPG

Peter also participated in the 2001 Colorado Springs house concert zoning tussle that went in favor of the home owner.  Again the issue was the definition of commercial activity and not any specific nuisance complaint - in fact the person who complained wasn't even a neighbor!

http://www.csindy.com/gyrobase/Content?oid=oid%3A4358

http://csindy.com/csindy/2001-08-02/news2.html

http://csindy.com/csindy/2001-08-30/yourturn.html

http://www.findarticles.com/p/articles/mi_qn4191/is_20011109/ai_n9994283

My neighbor Steve Szymanski is one of the co-owners of Planet Bluegrass.  He wrote a letter early on addressed to you but I suspect only the Board of Adjustment saw it...if you have time you could peruse some of the many dozens of letters I received from Magnolia neighbors when this all came up in 2006. Here are a some representative letters.

http://aspenmeadowhc.org/index.php?page=press&display=417&from=48

http://aspenmeadowhc.org/index.php?page=press&category=Letters_of_Support&display=388

http://aspenmeadowhc.org/index.php?page=press&display=374&from=60

http://aspenmeadowhc.org/index.php?page=press&category=Letters_of_Support&display=397&from=24

http://aspenmeadowhc.org/index.php?page=press&category=Letters_of_Support&display=415&from=60

http://aspenmeadowhc.org/index.php?page=press&category=Letters_of_Support&display=422&from=72

http://aspenmeadowhc.org/index.php?page=press&category=Letters_of_Support&display=382&from=72

http://aspenmeadowhc.org/index.php?page=press&category=Letters_of_Support&display=348&from=84

http://aspenmeadowhc.org/index.php?page=press&category=Letters_of_Support&display=395&from=84

http://aspenmeadowhc.org/index.php?page=press&category=Letters_of_Support&display=332&from=36

I presented some pictures to Land Use when this all came up showing the distance between my house and my immediate neighbors.

http://magnoliaroad.net/~greg.ching/Ching%20ZON-06-075/Ching_zoning.pdf

The initial inquiry made in May 2006 was about a concern over water which Boulder County does not regulate.  Although we and Norman Lederman were told Eve Passerini was the complainant in July 2006, her name was erased from the record per this apology.

http://magnoliaroad.net/~greg.ching/Ching%20ZON-06-075/Passerini_mistake.jpg

I don't know who made the anonymous complaint but my suspicion is this neighbor who wrote a 19-point "non-complaint."

http://magnoliaroad.net/~greg.ching/Ching%20ZON-06-075/Lederman-non-complaint.pdf

My other immediate neighbors will testify that Lederman's complaints are grossly exaggerated.  He has a reputation of being a chronic complainer in our neighborhood.

http://magnoliaroad.net/~greg.ching/Ching%20ZON-06-075/DIA%20Complaint%20Statistics%20for%20Norman%20Lederman.pdf

I sleep well knowing that my two neighbor's water usage concerns are unfounded as I subsequently installed a water meter.  My household uses between 5 to 15 gallons a day per resident (two of us plus a dog).  That contrasts to the 50-100 gallons per day national average for indoor water usage.

Finally, I fear Boulder County is going down a slippery Constitutional slope.

I do not believe Boulder County can get away with regulating only some home events such as living room concerts but not others.  For example, many house concerts are charity events yet charity events are exempt from the proposed frequency limitations?

http://www.csmonitor.com/2002/0607/p18s01-almp.html

While I lack the funds to challenge this home events regulation in court, I suspect Boulder County will inevitably lose when someone with deeper pockets persists.  As a taxpayer I do not want to see Boulder County pay lawyer fee reimbursements and punitive damages.  You have much more important issues to tackle.

Thanks for taking the time to read this letter.


peace,

  greg

Greg Ching
Aspen Meadows House Concerts
www.aspenmeadowshc.org

[skydancergreg]

Anyway, we "won" tonight.  On principle, I'm unhappy that political fund raisers, charity events, and private parties can take place more often with fewer restrictions.  But I'm satisfied by this compromise...it's a vindication of what we've done.  And the County Commissioners have asked if I'll apply for the Planning Board...maybe I should make more lemonade from the lemons. 

Although the Commissioners were unanimous in supporting house concerts, the vote was not unanimous.  It was 2-1 with Commissioner Will Toor opposing saying he thought the regulation was too much...he wanted to only change the definition of commercial activity (our preference) to exclude home events such as house concerts.

Here's the Daily Camera article

http://dailycamera.com/news/2008/mar/14/county-oks-house-concerts/

I do believe if the County noise ordinances were stronger (not in sensitivity but in penalty) than a $30 fine for repeated loud noise offenses we could have gotten the definition of commercial activity changed.  Boulder County has set a dangerous precedence in being the first jurisdiction to adopt "home events" regulation.  You cannot tell the difference between a house concert and a private party.  Yet the private party has no restrictions on frequency, duration, or guests.  I did warn the Commissioners that this regulation has Constitutional flaws but they felt pressured by the constituents who experience the one or two loud outdoor concert complaints that Boulder County receives each year.

If Colorado house concerts hosts are willing to lobby the State to give Counties more enforcement power over repeated noise offenders, then it's worth trying to get this regulation removed.  Right now, it's a political compromise.

Thanks again to all of you who wrote, and if anyone attended tonight I offer special thanks.

The best thing you all could do for me now is to help get the word out about post Earth Day Duhks benefit concerts on April 29-30.  Or buy a MP3, AFLAC, or CD of the show (via FestivaLink.net after the show or greenduhks.com before it). 

[Auntie Hope]

FANTASTIC NEWS, GREG!   

Auntie Hope 

[skydancergreg]

http://dailycamera.com/news/2008/mar/18/play-away/