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Lorain council splits over Zoning Board appointment after legal questions; mayor to proceed on Planning Commission seat

2149648 · January 21, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Mayor Barry Bradley asked Lorain City Council to approve the mayoral appointment of Brandon Wysocki to both the Planning Commission and the Board of Zoning Appeals, prompting debate about a pending court matter; the council separated the two actions after legal advice and took no final vote on the zoning-board seat.

Mayor Barry Bradley asked Lorain City Council to approve Rebecca Jones' appointment to the Fair Housing Board and to appoint Brandon Wysocki to both the Planning Commission and the Board of Zoning Appeals through March 8, 2026.

Council members raised concerns about Wysocki's pending court matter and whether his appointment to the zoning board would create an appearance problem. Councilmember Wingauski asked that the zoning-board appointment be held until the court matter is resolved; Councilmember Kimpton and others argued council should not bar an appointment for someone not convicted of a crime.

Law Director Riley told the council, "For purposes of the planning commission, the mayor does not need the advice and consent or concurrence of council." He advised separating the two actions because council’s advice-and-consent role applies to the Board of Zoning Appeals but not to the Planning Commission.

Following that guidance, Councilmember Thornsberry moved to split the item into two votes; the motion carried with eight affirmative votes and one abstention. The council then voted to "receive and file" the Planning Commission appointment (reflecting that council has no approval role); that motion carried with one abstention. Council debated calling the question on the zoning-board appointment; a motion to do so was defeated 5–3 with one abstention. No recorded vote approving the zoning-board appointment appears in the transcript.

Mayor Bradley said he had confirmed with the law department that he does not need council approval to appoint to the Planning Commission and noted he may remove any zoning-board member "with or without cause." He also said a judge had suppressed evidence in the Wysocki matter and that the case might be resolved before the appointment term ends.

The council approved Rebecca Jones to the Fair Housing Board by unanimous vote earlier in the meeting; the transcript records her appointment as carried unanimously.

Council members who spoke on the appointment issue included Councilmember Judith Carter, Councilmember Henley and Councilmember Kimpton; Law Director Riley and Mayor Bradley provided legal and administrative context.

No final, recorded council approval of Wysocki for the Board of Zoning Appeals appears in the transcript. The mayor indicated he intended to proceed with the Planning Commission appointment (which does not require council consent) and said he retains the authority to remove a zoning-board appointee if circumstances change.