Mentor acknowledges video of BZA member making racially motivated statement

When a Mentor homeowner wants a fence the zoning code does not automatically allow, or a deck that needs a variance, the decision rests with seven volunteers. The Board of Building and Zoning Appeals hears and determines appeals for exceptions and variances from the city's zoning and building codes — one case at a time.

In May, a video circulating on social media showed one of those volunteers making a racially motivated statement. The city says she was no longer a member of the board effective May 4, and she now faces misdemeanor charges in Mentor Municipal Court. The board, with a new roster, meets again Tuesday, October 13.

Seven volunteers, one case at a time

The board's members are appointed by Mentor City Council to four-year terms — neighbors serving without pay rather than elected officials or city staff. The board meets on the second Tuesday of each month at 7:00 p.m. in Council Chambers on the third floor of the Mentor Municipal Center, 8500 Civic Center Boulevard. Because the board decides each appeal individually, the conduct of any one member bears directly on the fairness of the next appeal a resident brings.

The video and the city's response

The city's statement, published May 4, 2026, said: "The city of Mentor is aware of a video circulating on social media containing a racially motivated statement made by a member of the Board of Building and Zoning Appeals." It did not name the member, referring only to "the member in question."

cleveland.com identified the member as Kathy Miller and described the footage as showing her removing driveway marker stakes from a resident's yard during a confrontation before using a racial slur and telling the person recording to delete the video. Miller resigned after the video circulated and city officials moved to remove her.

The city emphasized the limits of the role: "This is a volunteer, non-elected position whose members do not speak on behalf of, or represent in any way, the views of the city." It added, "Her behavior does not reflect the values of our community and is indefensible under any and all circumstances," and, "As such, Mentor City Council will act on her swift removal." The city noted the member in question was no longer a member of the Board of Building and Zoning Appeals effective May 4, 2026.

The charges

On May 13, 2026, Miller was charged in Mentor Municipal Court with ethnic intimidation and criminal mischief, both misdemeanors, stemming from the same incident captured in the video. The criminal mischief charge alleges Miller intentionally moved or damaged the driveway markers, while the ethnic intimidation charge alleges the conduct was motivated by the race, color, religion, national origin, or ancestry of the other person. As of the cleveland.com report on the charges, court records showed no scheduled appearance for Miller and no case number on the Mentor Municipal Court docket.

What comes next

As of the city's board page updated September 21, 2026, the seven members are Chairman Lisa Marinelli, Vice Chairman Alexander Koenig, Jacob Hailperin-Lausch, Joseph O'Brien, Annie Payne, Diane Popelas, and Michael Salinger — and Kathy Miller is no longer among them.

The next regularly scheduled BZA meeting is Tuesday, October 13, 2026 at 7:00 p.m. at the Mentor Municipal Center. Residents can reach the board through Assistant Clerk of Council Jaclyn L. Garrett at (440) 974-5756, and can direct process and procedure questions to the Planning Department at (440) 974-5740. The case against Miller in Mentor Municipal Court remains the open question for residents to follow.