Town council sounds off on Gilkey Square music complaint

Music to one's ears can be mere noise to another's.

To find harmony between the two, the La Conner Town Council discussed potential noise control at its Aug. 13 Maple Hall meeting, especially those related to the La Conner Live Sunday concerts amplified music in Gilkey Square.

Administrator Scott Thomas raised the topic in his written report in the council packet.

"As has been the case for several years, Gilkey Square has been frequently used for musical performances," Thomas began. "I am aware that the performances have included a middle school choir, a brass band, a group of several stringed instruments, a group featuring karaoke and others.

"Each Sunday," he added, "the summer concert series takes place with a different musical group, which is financially supported by the Town. Some of these events are amplified, while others are not.

"We became aware earlier this summer," Thomas reminded the council, "that some merchants object to these events and more particularly the performances that use amplification."

Thomas noted that the Town's present noise ordinance does not clearly address the situation. In fact exempted from regulation are noises originating from commercial businesses and industries that comply with the state's Noise Control Act.

But there's a catch, he said.

"Enforcement of this provision," Thomas pointed out, "requires use of a meter to measure the sound.

"In addition," he continued, "the Town may not establish lower limits than those specified in state law without the advance approval of the Department of Ecology."

All other noise is regulated using a public disturbance approach: "Public disturbance noise ordinances," he wrote, "are based upon a subjective standard as opposed to measures of maximum decibel readings. "

That can raise constitutional questions. Prohibitions can't be so broad as to impinge on free speech, he pointed out.

Earlier this year a merchant whose business adjoins Gilkey Square told the panel that a musical event at Gilkey Square held on a Saturday "was disturbing to his business and perhaps to others as well," Thomas recalled.

Councilmember Ivan Carlson, who arrived an hour into the meeting wearing firefighting bunker gear after helping extinguish a vehicle blaze north of town, confirmed Thomas' recollection and noted that the merchant had said he no longer works on Sundays because music interferes with his business.

Carlson suggested that the Town could limit weekend music at Gilkey Square to Sundays.

"Maybe we could say 'no' to music on Saturdays," said Carlson.

Mayor Marna Hanneman proposed that if there is outdoor music on Saturdays – or other days of the week – that it be held somewhere other than Gilkey Square.

"It's interesting," said Hanneman, "because some of the merchants like having it there. Some do and some don't, but it does bring people into town."

Councilor Rick Dole said at monthly outdoor downtown "First on First" events during the COVID-19 pandemic that alternate venues for live music were considered.

"We talked about bringing music down here," Dole said of the courtyard adjacent to Maple Hall.

Longtime resident Linda Talman estimated that the crowd for the previous Sunday concert performed by Midlife Crisis & the Alimony Horns was larger than usual, perhaps because its amplification was tempered.

"I thought there were more people there listening to the music and dancing," Talman said. "Maybe that's because it wasn't so loud."

Cooler than normal summer weather might've been a factor, too, Councilmember Annie Taylor offered.

Ultimately, the council agreed to extend the discussion beyond its 90 minute meeting and seek input from Chamber of Commerce Director Mark Hulst, whose Skagit Cellars winery is in Gilkey Square.

"Maybe Mark has some ideas," said Councilmember MaryLee Chamberlain. "We should ask Mark first. He might have a sense of the scale."

In other council business, Carlson thanked his colleagues for having committed Town resources toward acquisition of a fire boat. Such a vessel would have been of great benefit when local firefighters and emergency medical personnel responded to an Aug. 1 aid call on a boat off Kiket Island, he said.

Hanneman said Town officials will continue to meet with state lawmakers to secure additional funding for a fire boat here.

Council approved acquisition of an asset management software program while tabling a request for an additional $2,000 in hotel/motel tax revenue to the Skagit Valley Tulip Festival. The council put the item on its Aug. 27 agenda, when Finance Director Maria DeGoede is in attendance.

The Aug. 13 council meeting opened with a presentation by Lona Wilbur on Swinomish Indian Tribal Community history.