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Assistant County Attorney Barkett believed the Committee has <br />discussed most of these concerns, and he felt there is some <br />problem with developing a policy beforehand. The wind surfers, <br />for instance, were allowed to rent the boards but not to exchange <br />money at the Causeway location, but after a year, it turned out <br />that was not a detrimental factor, and when the lease was <br />renewed, they were allowed to collect the money there. He <br />advised that situations which would create trash have been <br />disallowed, and the jet ski proposal came along and that was <br />opposed. Now this has come along and this is the second <br />application for this type of operation from the beach. He <br />believed the Committee felt this is exploratory to see if this <br />service is needed, how well it is received, etc. There was <br />discussion also as to the amount of money to be paid to -the <br />county, and this is a testing ground for that as well. Attorney <br />Barkett pointed out that we can cancel the contract on 60 days' <br />notice from either side, and in regard to indemnification and <br />insurance requirements, Attorney Barkett felt you have to start <br />from the proposition that the county is an arm of the state, and <br />as such, it has some sovereign immunity. The Legislature says we <br />can be sued, but only for $100,000 per person or $200,000 per <br />incident, and the only way anyone can get more than that is by an <br />act of the Legislature affecting Indian River County. <br />Commissioner Eggert noted that she is very aware of the <br />insurance situation, etc., but we do not have a policy and she <br />does not like the idea of going ahead and trying something out to <br />see if you make a mess. She has absolutely no objection to the <br />proposed business, but is concerned about what is going to happen <br />on the beach if this type of thing gets started and we aren't <br />really rigid and exacting as to what we want and don't want. <br />Commissioner Bird questioned how we would set policy in a <br />rigid form, and Commissioner Eggert believed the first question <br />to address is will we or will we not have recreational activities <br />on the beach and then we could go on to define those activities. <br />39 Bou 69 PAGE. 617 <br />