Friday, January 28, 2011

'Legal delays' led to grant loss

The directors of the Kilcullen Community Centre have blamed legal delays for the loss of the €600,000 grant for a proposed Community Childcare Centre.

The grant was withdrawn late last year following the failure of Kilcullen Community Childcare and Educational Centre Ltd to obtain a full lease on a site donated by Kilcullen Community Centre.

In a letter to the Diary, The Community Centre directors also suggest that the Childcare Centre Committee were not 'forceful' enough in the matter given that there was a 'looming deadline'.

The Community Centre directors say that a lease signed between the Centre and the Childcare Group in May of last year required the formal consent of the Cross & Passion Order, but despite repeated written requests from the Centre's solicitors to the legal representatives of the Order, the required formal documents did not materialise.

Previous to the May 2010 signing, a consent to the lease had been received from the Order 'through their solicitor', in August 2009 'after a long series of correspondence'.

The directors express their regret that the lease will not be proceeding, but say they had done 'everything in their power' to assist the Childcare Centre in their activities.

They also say that the position of the Community Centre 'has not been fairly represented'.

"The directors of the Community Centre have worked very hard for various community groups in Kilcullen over the years and it is most disappointing that any doubt should be cast on their good work," they say in their letter, which also details recent and planned expenditure totalling some €750,000, as well as outlining the breadth of the Centre's activities in facilitating many community groups.

The full text of the letter is published below.


Dear Sir, 
We refer to your recent article in relation to Kilcullen Childcare Centre Limited and feel that the position of the Community Centre has not been fairly represented.
The Community Centre is very proud of their track record in providing facilities for the local groups of Kilcullen. These include the Pitch & Putt Club, Kilcullen Scouts, Kilcullen AFC, The Boxing Club, Fas, The Elms Montessori School, Naomh Bride Play School, together with the playground facilities, gymnasium and all weather pitch which we have constructed and which are used by the people of Kilcullen.
The Playgroup was from 1987 to 2003 using the facilities at the National School but was asked to leave in June 2003 due to expanding numbers. After a brief period in the Tennis Club they moved to their present position beside the all-weather pitch.
In August 2002, the Community Centre gave Naomh Bride Playgroup (now called Kilcullen Community Childcare and Educational Centre Limited) a site beside the Centre. No charge was made. An application was made in June 2003 by Childcare to Pobal, but as internal review of the grant system was taking place, all applications were on hold. No work could start until funding had been allocated.
The site was then given to the Boxing Club (free of charge). There was a donation made for car parking spaces/tarmacadam etc, as a condition of their planning retention application “That the Boxing Club provide car parking”.
In December 2004, the Childcare Centre was allocated a grant from the Department of Justice and we gave the group a new site beside their existing building, once more without charge. Because we ourselves only had a 35-year lease from the Cross and Passion Order, we agreed to grant a 25-year sub-lease but subject to the consent of the Cross and Passion Order.
There was a long series of correspondence regarding the terms of the agreement and of the lease, but ultimately in August 2009, the Cross and passion Order consented to the lease through their solicitor. In May 2010 a lease was signed by the Community Centre and the Childcare Group. However the formal documents confirming the consent of the Cross and Passion Order had not yet been received from their solicitors. Our solicitors wrote repeatedly to the solicitors for the Cross and Passion Order seeking the documents that we required and encouraged the solicitors for the Childcare Centre to do likewise. We are surprised that if a funding deadline was looming, the Childcare Centre Committee did not take forceful steps in the matter.
It is regretted that the lease will not be proceeding but you will note from the above that we have done everything in our power to assist the Childcare Centre in their activities and obtain for them the lease.
The question is often asked, “What does the Centre do with the money?" In 2009 we had €300,000 in our account with Bank of Ireland, Kilcullen. We also borrowed €100,000 from the bank as our cost to Kevin Kelly Construction for work carried out at the grounds of the Centre was €450,000. (Tarmacadam, all-weather car park, roadways and areas all around buildings, public lighting to be installed, drainage, interior work etc.) The drainage pipes from the AWP to the stream also facilitated Kilcullen AFC to drain their pitch as they connected into our new pipes.
The carpet surface on the AWP needs replacing every ten to twelve years (pitch open 2003) the estimated cost of this is €300,000. A fund is set-aside for this purpose.
In 1988 Kilcullen Sports and Recreational Complex, became Kilcullen Community Centre Limited with the formation of the Company. Since 1989 a set of Audited Accounts have been filed yearly with the Companies office in Dublin and therefore are a matter of Public Record.
The directors of the Community Centre have worked very hard for various community groups in Kilcullen over the years and it is most disappointing that any doubt should be cast on their good work. 
Yours sincerely, 
Board of Directors
Kilcullen Community Centre
Kilcullen
Co. Kildare