When it comes to the Winyah Auditorium, the city — by law — cannot own it, but the board created to take control of the historic structure could decline to take it over.

At a meeting this week, the Winyah Auditorium Corp. Board — a non-profit organization which may take ownership of the Highmarket Street building — discussed the future of the facility with city council.

The history

In 2002, the entire building — the portion of Winyah High School that was saved from destruction when the rest of the school burned down in 1981 — was leased to brothers Hank and Dr. Gerald "Ged" Tiller by the city.

As part of the signed agreement, the Tillers leased the auditorium portion of the historic building — and some adjacent rooms — back to the city for $1 a year for seven years.

Now, those portions of the building are supposed to be deeded over to be converted into a cultural center.

Frannie Heizer, of the McNair Law Firm, told the board and council the city cannot enter into a business deal with a private entity, which is why the corporation was created.

Right now, that corporation is under control of city council and there is talk about making it an independent board.

“But they must know there are enough resources for it to operate,” Heizer said.

Generating funds

The corporation could generate funds by renting the facility once it is complete or by requesting Accommodations and Hospitality Tax revenues.

Members of the corporation board said contributions that have been made are for renovations, not operating costs.

They want assurance the city will continue to fund the operations of the facility until it is self sustaining.

“I hope the city would underwrite any shortfall we have,” said board member Bill Doar.

How much of a financial contribution the city needs to make is a question that still has not been answered.

Mapping a timeline

The corporation board will meet soon to try to map out a financial timeline to present to council.

Looking for an out?

For the first time, there was public discussion about what could happen if the city backs out of the deal.

Councilman Jack Scoville asked Heizer if the city must continue with the plans since public funds have been spent on the renovations that have already taken place.

“Would there be a lawsuit if the city doesn’t want anything to do with it anymore?” he asked.

Heizer said before she can give a definitive answer, she would have to study the original agreement. She said there are provisions that prohibit actions to bind future councils.

“I don’t know if we can say the city is committed to the project forever,” she said. “But, since the nonprofit was created and donations were accepted, there could be some serious issues.”

Another wrench was thrown into the mix when, during the meeting, former Mayor Tom Rubillo reminded council about an agreement he said was made many years ago.

He said Georgetown County (which owned the building before it was bought by the Tillers) had a deal with a group called the Georgetown Auditorium Preservation Society (GAPS).

Rubillo, who was mayor when the agreement was reached, said GAPS was supposed to get the building back if it was not restored by the city.

“You have to accommodate that,” Rubillo said.

Some councilmembers said they wanted more information about Rubillo’s comments.

No date was set for the Winyah Auditorium Corp. Board meeting.