Boulder County house concert regulation update

[skydancergreg]

http://www.krcc.org/krccnews/2008/03/house_concerts.php

[skydancergreg]

Here's your chance to get tickets to see The Duhks before the general public learns about these Nederland Community Center Theater benefit concerts.  This will be their only local show before their Telluride appearance.  And they will be performing new material from their upcoming July release.  Hopefully soon, there will be a press release from Sugar Hill Records going to local papers and radio stations.  Here's a draft from earlier this week.  See the links below for reservations.  We'd love it if you can tell others about these concerts - and how they can support it via musical downloads or Hatch prints even if they can't make the event. Silent auction items are also needed. Thank you for all your support!

*** SPECIAL EARTH DAY NOTE:  If you are interested in helping fund a short documentary film on The Duhks Sustainability Project please purchase the original art Hatch prints via greenduhks.com.  If you purchase in the next few days, we will put your name (or a loved one or organization) on the margin of this cool art poster.  Only a very small run will be printed and The Duhks will autograph each poster.  We are trying to raise $4,000 so we can capture the 30 April concert on film - contributions much appreciated. ***

"Sustainable World Music for a Fast-Paced World"

In support of the Aspen Meadows House Concerts (www.aspenmeadowshc.org) series, The Duhks will play two nights at the Nederland, Colorado LEED-certified Community Center theater. Performances 7 PM on both Tuesday and Wednesday 30 April 2008 will help reimburse the house concert hosts Debbie and Greg Ching who have spent over $25,000 defending the right to have quiet private living room house concerts preceded by a potluck.  Proceeds will also benefit The Duhks Sustainability Project (www.greenduhks.com) which was launched in October 2007 to raise awareness about ways to live a more economically viable and ecologically sustainable lifestyle.

The Chings had not received any noise, traffic, or parking complaints before Boulder County Land Use sent a cease-and-desist order in July 2006. Rather than concede or sue Boulder County, the Chings tried to get the law changed. Boulder County agreed on 13 March 2008 to legitimize these community-building events with a precedent-setting Land Use Code revision hopefully complete by this post Earth Day celebration.

Both performance nights will include a mini Sustainability exhibition and silent auction. Selected live recordings from this concert will also be available for CD-quality download via FestivaLink.net.

This concert will include new material from their next album (anticipated release date July 2008).  This intimate theater seats only 261 people.

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

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

Questions regarding this concert or The Duhks Sustainability Project can be addressed via greg@duhks.com or 303.442.8855.

The Duhks (pronounced like "ducks") are a 5-member Canadian folk-rock-Celtic-old time-bluegrass-contemporary-Latin-French Canadian-gospel (though usually described as folk rock or bluegrass) group. Four of them hail from Winnipeg, Manitoba and the fifth member is from Victoria, British Columbia. Their music draws heavily on all of the North American musical traditions, while successfully integrating Latin-music-influenced percussion. Their first album, Your Daughters & Your Sons was nominated for a Juno award, their eponymous second album won a Juno for Best Roots & Traditional Album by a Group, and "Heaven's My Home," from their third album, was nominated for the 2007 Grammy award for Best Country Performance By A Duo Or Group With Vocal.

Aspen Meadows House Concerts strives to build community through consistent high quality acoustic musical performances in an intimate mountain setting. This is a private invitation-only potluck concert series not open to the general public. These private parties are not a business nor are they a business-related activity.

- END -

[skydancergreg]

http://www.rmchronicle.com/index.php?option=com_content&task=view&id=2137

[skydancergreg]

The new album won't be out until July but you can catch some of the new songs on a professionally recorded, mixed, and mastered FLAC download (CD-quality) via http://greenduhks.com/index.php?page=shop&display=Benefit_Concerts#62 as part of a post Earth Day 2008 no-CD download - not a bad deal for $10!  It will go up to $15.95 via FestivaLink.net after the 30th.

The Duhks will pick up to 13 songs from the concert recorded on both nights...this will sound much better than standard MP3s.

[skydancergreg]

http://dailycamera.com/news/2008/apr/10/county-cuts-billingsley-69000-severance-check/

[Auntie Hope]

http://dailycamera.com/news/2008/apr/10/county-cuts-billingsley-69000-severance-check/

Well now, isn't that some piece of news! Go figure...........

Auntie Hope 

 Listening to: The Weather Channel

[skydancergreg]

http://magnoliaroad.net/~greg.ching/Ching%20ZON-06-075/MtnMusic-Tania-April08.jpg

http://events.publicbroadcasting.net/kunc/events.eventsmain?action=showEvent&eventID=730692

[skydancergreg]

We are trying to avoid plastering even 100% recycled posters everywhere.  The lower resolution first link is what I would mail out to people but I am including the higher resolution posters in case fans want them.

Image to e-mail

8.5x11 300dpi poster

11x17 300dpi poster

[skydancergreg]

I had to make a difficult decision today to cancel the Wednesday April 30 show because advanced ticket sales have been disappointing relative to Tuesday's show.  The Duhks will still play on Tuesday the 29th.  If there is sufficient demand we will consider adding back the Wednesday show - however the Wednesday waiting list will need to be significant to justify the overhead of a professional theater production. 

If there is anyone on this Forum who had planned to attend Wednesday but hadn't purchased advanced tickets please contact me.  I will make up for your inconvenience.  The folks on this Forum have been very supportive in the house concert legal defense with letters and appearances.

Running a theater production is very different from hosting a house concert.  And running it one notch higher than previous theater benefits has brought on new lessons.  I took my eye off promoting ticket sales while attending to my wife's family needs these last few months - my father-in-law died this past week.  He was darn proud we fought Boulder County and won!  In retrospect, it would be have been simpler adding a second show instead of planning for it initially.  I'm sorry I didn't make this decision sooner.  Thank you for your patience and understanding.

To make a reservation for the Tuesday night, April 29 show please make a reservation via

EctoRes (no service charge)

Doors open at 6:15 for the Sustainability exhibits and silent auction (includes items donated by Planet Bluegrass and New Belgium Brewery).  Please note there will be no alcohol sales except what you can purchase via the silent auction - there wasn't enough time when this show was confirmed 5 weeks ago for a liquor license.  Sorry!

Special VIP packages are available via www.greenduhks.com are available for $100 that includes two GA tickets ($50 value), one autographed original art poster suitable for framing ($50 value), and one FLAC download (up to 13 songs from the concert selected by The Duhks professionally recorded, mixed, and mastered - $15.95 value).

If you know others who might be interested, please share this page with them.  Or just send them to www.aspenmeadowshc.org home page.  Ticket stubs will provide discounts at specified Nederland restaurants before the show so it might be fun to organize a group.  Thank you!

KUNC concert calendar description

The Duhks benefit poster (low-res)

Mountain Music interview

Folks who want to support this benefit but can't attend can purchase professionally recorded, mixed, and mastered CD-quality FLAC downloads at a 37% early bird savings ($10 instead of $15.95) via

CD-quality FLAC concert download

or limited edition (100 copies only) original art autographed posters via

Limited edition autographed art posters

[skydancergreg]

BoCo Home Events Amendment

Wish Tupperware would send me a check to my legal defense fund.  :-)

This is an imperfect regulation as you can still as many private parties, charity events, political fund raisers, prayer meetings with donations, etcetera that have the same impact as a house concert.  Folks who hold 300-person outdoor polo events get more protection than quiet living room concert hosts.  Sigh.

[skydancergreg]

Ned Gazette review

Getting over 200 people to a theater on a Tuesday night was amazing.  The Duhks played a schoolhouse in Salina Wednesday night to about 60 people.  They told me they want to come back and play the LEED-certified Ned theater again!

The FLAC download will be available after May 15 on FestivaLink.net.  Pre-orders for $10 (37% savings over the $15.95 via FestivaLink) are accepted through May 15 via

GreenDuhks.com

Besides professional recorded, mixed, and mastered selections from the concert (including unrecorded songs) the FLAC will likely include a bonus track from their recent Australia tour. 

[skydancergreg]

Local filmmaker Eric Abramson is still working on a short video funded by the Nederland concert on April 29 but here's a short clip done by fiddle player Tania Elizabth in their biodiesel van.

YouTube Sustainability Clip[url=http://YouTube Sustainability Clip][/url]

You can help fund completion of longer videos by purchasing original art Hatch prints or AFLAC downloads of the April 29 Nederland concert.

[skydancergreg]

The long delayed recording from the 29 April 2008 concert at the Nederland Community Center will be released very soon...probably in the next week.  We had some technical problems with the recording made during the first half so the 12 songs selected are practically all from the second set.  With that much continuity though you really do get a great feeling of being there.  There will be 5 bonus tracks!  In addition to the "Whole Lotta Love" finale that night, we've added two other versions - one recorded live in Australia and one recorded at MerleFest (co-sung with John Paul Jones!).  This CD quality digital download will likely be a collector's item especially with its three versions of "Whole Lotta Love." 

For the next 24 hours, as I need to give the final list to FestivaLink on Friday, you can still purchase this FLAC download for $10 from greenduhks.com. 

http://greenduhks.com/index.php?page=shop&display=Benefit_Concerts#62

After Friday, FestivaLink.net will be the only place to get this recording at $15.95.  Per The Duhks, no physical CDs will ever be made of this Earth Day celebration.

Anyone purchased a FLAC, e.g. VIP package at the show, will get notification from FestivaLink probably next week.

We still have some of the beautiful limited edition Hatch posters available, too.

http://greenduhks.com/index.php?page=shop&display=Limited_Edition_Art_Posters#13

[skydancergreg]

I plan to bring up state wide noise regulations so as to not single out house concerts.  But she's open to talking about anything if you want to speak your mind.

My State Representative Claire Levy is coming to Magnolia tomorrow (Saturday, 18 October) afternoon to meet with area residents.  She's been active in promoting renewable energy adoption (Resolution 1A is modeled after Bill 184 she sponsored), pine beetle response, judicial reform (re: adverse possession judge), public transportation, juvenile justice, and historical preservation among other things.  She serves on the Colorado House Committee on Transportation & Energy and the House Committee on the Judiciary.  She has also been on special committees such as the Ethics Board, Legislative Emergency Epidemic Response Committee, and Committee on Legislative Legal Services.

To learn more about Claire Levy's record see http://clairelevy.org/bills.shtml

Please let me know if you are attending so I can have sufficient chairs and ice cream for you all.  Actually, I know I have sufficient ice cream!  :-)   If it's cold you can sip hot chocolate.

Hope to see you at 2 PM.  Please walk, bike, and carpool if possible. Call or e-mail me if you need directions to my place.  I'm 20 minutes from Nederland and 25 minutes from Boulder.

peace,

  greg

[skydancergreg]

Last March, Boulder County Commissioners approved some legal protection for house concerts but they added regulations we thought unnecessary.

http://www.bouldercounty.org/lu/code_updates/home_events/pdf/DC07001HomeEventsAmendments.pdf

Here's a copy of an e-mail I sent Boulder County Commissioners today:


Dear Commissioners:

Last December, I brought to the attention of my State Representative Claire Levy the need for Counties to have more power for noise enforcement laws.  I explained that the lack of County enforcement power was a primary motivation for a Boulder County "home events" regulation.  Even though my living room concert series never had any noise, parking, or traffic complaint there were other outdoor music events in Boulder County that happened once or twice a year that generated complaints.  Boulder County Land Use was always able to stop these events but Land Use Director Graham Billingsley said he needed more enforcement code support.  The primary justification for a "home events" L.U.C. regulation was that the noise nuisance fine was too low for repeated offenders.

I had a chance to speak to Representative Levy when she spoke to a neighborhood gathering in my living room today.  She thought Counties had been granted greater powers regarding noise enforcement (not the sensitivity threshold but fine power).  She referred me to some on-line documentation of bills that passed this last legislative session. The following is my interpretation only as I am not speaking for Claire.

It appears the Colorado State legislature passed House Bill 08-1065 on 17 March 2008.  It went into effect 05 August 2008.  From my read of this law it seems that Counties now have the right to have graduated fines for repeated offenses.  If Boulder County Land Use attorneys agree it may be worth revisiting the home events regulation - my position has always been that a specific activity has been regulated whereas it should be the general activity impact regulated by nuisance laws.  It seems unfair to me that you can have as many private parties (political or charity fund raisers, for example) as desired but the same impact "home event" requires additional regulation.  While I can live with the newly adopted "home events" regulations I believe it sets a terrible government intrusion precedence - unless it simply amended to indicate activity acceptance into the L.U.C. subject to general nuisance laws. It is my belief that Boulder County may someday face a challenge to this regulation based upon Constitutional concerns.  (Relax, it won't be me as I can't afford the legal fees.)

Here's the digest:

http://www.state.co.us/gov_dir/leg_dir/olls/digest2008a/GOVERNMENTCOUNTY.htm#08-1065

APPROVED by Governor April 1, 2008
EFFECTIVE April 1, 2008

H.B. 08-1065 Ordinance enforcement - county noise abatement actions - ordinance violation penalties - application of ordinances in designated areas. Authorizes a county, with specified exceptions, to bring a civil action to abate violations of the state noise abatement statute. Authorizes a county to adopt penalty assessment procedures and graduated fine schedules for specified violations.

Authorizes a board of county commissioners to designate areas in the unincorporated territory of a county exclusively within which an ordinance applies. Requires the board to set a rational basis for the designation and hold a public hearing prior to making the designation.

APPROVED by Governor March 17, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.


Here's the specific part of H.B. 08-1065 that I believe gives Counties new authority.

http://www.state.co.us/gov_dir/leg_dir/olls/sl2008a/sl_28.htm

SECTION 2.  30-11-101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:



  30-11-101.  Powers of counties. (2)  Counties have the authority to adopt and enforce ordinances and resolutions regarding health, safety, and welfare issues as otherwise prescribed by law. In addition to any other enforcement or collection method authorized by law, if a county passes an ordinance or resolution of which a violation would be a class 2 petty offense, the county may elect to apply the penalty assessment procedure set forth in section 16-2-201, C.R.S., and may adopt a graduated fine schedule for multiple offenses. If a specified offense would be an unclassified misdemeanor, a county may elect to downgrade the offense to a class 2 petty offense and apply the penalty assessment procedure under circumstances deemed appropriate and prescribed by the county in an ordinance or resolution.




I respectfully request that Boulder County evaluate the impact of H.B. 08-1065 and revise the current Boulder County nuisance regulations regarding graduated noise fines.  Once that County noise ordinances have more teeth, I would like the County to consider modifying or dropping the "home events" regulation from the L.U.C. as the impact is no greater than any other private event governed by nuisance laws.  I would be fine with legal protection via inclusion in the list of acceptable zoning activities but I do not believe any other restriction should apply since general nuisance laws cover all private activities.

Thank you for your consideration.


Best regards,

  greg

Greg Ching
P.O. Box 372
Nederland, CO 8046