TOLEDO, Ohio — A controversial issue in Waterville surrounding construction of a proposed outdoor amphitheater will not go to a vote of the citizens.
Ohio Secretary of State Frank LaRose ruled Tuesday that the matter is not subject to referendum because he deemed the city's acts to be administrative and not legislative in nature. Waterville City Council approved the project in November, and a group of citizens gathered nearly 1,000 signatures shortly after in an attempt to force the issue to a vote of the people.
The issue was passed to LaRose after the Lucas County Board of Elections deadlocked 2-2 on the matter.
"In my role as Ohio’s Secretary of State, I have consistently erred on the side of granting citizens ballot access whenever possible," LaRose said in his ruling. "However, when the law is clear on a matter, my sworn duty requires me to uphold and faithfully execute that law. In this case, I believe the law is clear. Accordingly, it is my view that all evidence provided to my Office indicates that Ordinance 10-22 is administrative in nature and not subject to referendum. As such, I am breaking the tie in favor of the position put forward by Chairman Richard Schoen and Board Member Donald R. Miller against approving the Waterville Referendum Petition to put the matter on the ballot in the November 7, 2023 General Election."
In that November meeting, council established an "admission tax" with the developer to offset costs the city may incur by operating the facility. LaRose said language used in the ordinance was that of a "merely aspirational goal" rather than a legislative act, pointing specifically to a passage about the developer "cooperating" with the city for the tax agreement rather than "establishing" something more concrete.
Developer Hunter Brucks previously told WTOL 11 he plans to start construction as soon as next week. The amphitheater is on track to open in 2024.
"It's over. That's it. We won. There's nothing stopping us from building the amphitheater if we choose so to do," Brucks told WTOL 11 on Tuesday.
Waterville Assistant Law Director Kati Tharp said the ruling reaffirms what council felt was a legal move all along.
"We were certain from the get-go that this was something that was administrative and not legislative," Tharp said. "We weren't creating new law. We were just enforcing the law that's been put in place."
But people in Waterville are not done fighting. Outspoken amphitheater opponent Wayne Wagner, who collected signatures on the initial petition calling for a referendum, released the following statement to WTOL 11:
"Although we are disappointed by Mr. LaRose's decision, we are not surprised. Our fight against the amphitheater is not over. In the letter from Mr. LaRose, he states that pending the appeal case in Lucas County Common Pleas Court, the board of elections may need to revisit this matter in the future. This decision by Mr. LaRose does not officially kill the referendum," Wagner said.
"In the next 24 hours we will meet with our attorney and go over the pros and cons of filing an appeal with the state supreme court. We will let you know if we decide to move forward with that option. In no way does this void the referendum on the road which we will continue to support the committee collecting those petitions. This fight is far from over, do not lose hope as those of us who have promised to fight this till the end are encouraged by recent rulings in the lucas county common pleas court appeal. We have always believed that council incorrectly passed the ordinance 4-2 at a special meeting. Waterville's law director even told members of council that if we would just focus on that we'd probably win, and Judge Navarre referred to the meetings as special council meetings.
The proposal is a partnership between Third Street Cigar Records and HB Concerts Inc. and HBC Management to develop the entertainment venue near South Pray Boulevard in Waterville.
Based on the planning commission's permit approval, the following conditions must be met:
- Max capacity of 9,300 people
- General hours of operation with financial penalty for going over those times
- Management of flow of traffic
- Detailed site plan
- Additional lane of traffic to accommodate increased traffic
- Developers' public safety plan needs approval
- Set admission tax
- Limit on number of events
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