Leatherbarrow declares conflict of interest on Streetscape project

Lee Griffi, Local Journalism Initiative Reporter

Woodstock City Coun. Kate Leatherbarrow declared a conflict of interest at last Thursday’s council meeting when a motion to pull Phase 2 out of the downtown development and 2025 capital budget was made by Coun. Mark Schadenberg.

Leatherbarrow, who is part owner of Early Bird Coffee on Dundas Street, did not declare a conflict on the initial discussion and passing of the Streetscape plan in 2023. She did not give a reason at the meeting but did provide some details during a video on her Facebook page.

“I reached out to the integrity commissioner earlier and asked about Phase 2 in relation to a business I operate and the integrity commissioner advised me that Phase 2 is adjacent to where one of my businesses is located. So, I declared a potential conflict of interest last night so I was not sitting in on that debate.”

She added she couldn’t argue the commissioner’s findings.

“Nor could I comment on how the motion went. You’ll have to watch the meeting to get that insight.”

Mayor Jerry Acchione spoke to the Gazette Monday morning where he disclosed an email went to all members of council and some staff on Friday morning.

“I sent a letter to all of council saying after consideration of Coun. Leatherbarrow’s decisions I have instructed staff to get some legal opinions of what past decisions may be affected.

Acchione did not want to provide the Echo with a copy of the letter, but we were able to obtain a copy.

“Members of Council, after much reflection on the declaration of conflict by Coun. Leatherbarrow last evening, I have given direction to staff to look at past decisions for this Downtown Streetscape project and the potential impact on the outcomes of these decisions given this new information. I have further directed staff to obtain a legal opinion regarding our options for revisiting past decisions on Project INF00138 Downtown Revitalization, including options under the Municipal Conflict of Interest Act.”

When asked if he felt Leatherbarrow should have declared a conflict during last year’s discussion and vote, he explained all members of council need to take their choices seriously.

“We’ve been instructed right from the day we became councillors to ensure that we ask those questions before we go and vote. There’s no question if there are any possibilities, the Municipal Conflict of Interest Act defines duties of members of council to ask those questions.”

A tender for Phase 1 of the project has already been approved and construction is scheduled for the spring of 2025.

The Echo sent several emails to Leatherbarrow. One of them included a question asking if she should have declared a conflict from day one but there was no response. She did, however, post an emotional eight-minute video on her Facebook page earlier this week.

“I apologize if I have let anyone down and I’m really disappointed to be in this position. I’m disappointed with myself. I had no malaise intent and I will continue to believe in the downtown. I will continue to advocate for a healthy community.”

Leatherbarrow added there was an error on her part.

“I don’t know what’s going to happen going forward but I do think it’s important that as I communicate with you, as I always do, I think it’s important to tell you that I really didn’t intend to do anything…to gain business.”

Phase 4 of the plan would see improvements from Vansittart Avenue to Light Street where Early Bird Coffee is located. This phase could be completed in 2027 for an estimated cost of $2.5 million. These funds are not approved by council at this time, but they are included in the capital budget forecast.

What isn’t clear is if Leatherbarrow contacted the integrity commissioner before voting in favour of Streetscape last year. What is clear is if she had declared a conflict in 2023 the motion to proceed with the project likely would have been defeated with a 3-3 tie vote.

Former city councillor and city staffer Paul Plant recently told the Echo he filed a complaint with the integrity commissioner regarding Leatherbarrow not previously declaring a conflict. The commissioner will take a look at the complaint and decide if it merits a full investigation. No member of council has been informed of the complaint including Leatherbarrow.

“She should be transparent. I filed a request for a review. That review had not been completed. In my mind, she has voted on the issue and participated in other discussions such as (an affordable housing project) going up by her property,” explained Plant, who said he was a big supporter of downtown Woodstock during his time on council.

At least two councillors believe Leatherbarrow erred by voting on the project in its entirety last year.

“I am looking at the timeline. Kate should have declared a conflict of interest on day one of streetscape voting, so last year when the entire project was considered by council,” explained Schadenberg.

He added the city simply can’t afford a project of this magnitude, particularly when it isn’t needed.

“I wanted the entire project placed on a shelf as we don’t have the money for it and the asset management side of the budget must move forward. In other words, we must not fall behind by delaying some road projects and then placing emphasis on a downtown beautification plan that doesn’t require sewer and water replacements.”

There doesn’t appear to be any avenue to completely remove the downtown revitalization plan from the books. Council’s only recourse seems to be bringing forward a motion to remove each phase when it comes up in the city’s annual capital budget.