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County staff recommends ending volunteer agreement with NBA 2, to assume maintenance at Bike and Run Park
Summary
Staff told council NBA 2 has had high leadership turnover and volunteer shortfalls; staff recommended not renewing the agreement so county crews can assume maintenance while still using volunteers on scheduled workdays. Staff also raised trademark concerns over the park's "Hulk" nickname.
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Ray provided an update on the Myrtle Beach Area Mountain Bike Association (referred to in the meeting as NBA 2) and recommended the county not renew the group's agreement to maintain the Bike and Run Park.
"My recommendation and update is that we not renew the agreement with NBA 2 and that we take over the responsibility of the maintenance and the upkeep," Ray said, describing a pattern of volunteer shortfalls and turnover that left trails below the standard set when the agreement began.
Chris McCarty, who identified himself as "president of NBA 2," told the council the group has been unable to enforce volunteer expectations and supported county staff stepping in to lead maintenance activity. "I can't enforce the rules that I wish I could," McCarty said, explaining that as a volunteer organization he lacks the authority to require compliance.
Staff told the council there is a 90-day notice period in the current agreement but that NBA 2 could waive that notice to allow an earlier transition. Staff also noted the park has been informally called the "Hulk," which is a Marvel trademark; staff recommended discontinuing use of the trademarked name without permission and instead using existing signage that identifies the site as the "Horry County Bike And Run Park."
Council did not vote to immediately terminate the agreement at the meeting; staff said they would meet with NBA 2 that evening and pursue the administrative steps necessary to transition maintenance responsibility if the parties agree.
