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Item R07 BOARD OF COUNTY C01\'1MISSIONERS AGENDA ITEM SUMMARY Meeting Date: Wed" Nov. 18,2009 Division: BOCC Bulk Item: Yes No XX Department: Carom. Di Gennaro Staff Contact Person: T. Lundstrom x6000 AGENDA ITEM WORDING: Discussion and conceptual approval of proposal to explore the establishment of a U.S. Customs Services facility at the Marathon Airport and allow for local customs services for inbound general aviation flights and water craft arriving in the Keys to the U.S. ITEM BACKGROUND: Marathon Airport has an opportunity to reposition around the more economically viable and growing market segment of general aviation; resulting in greater airport utilization, sale of aircraft services, and enabJe economic growth of the local community of Marathon commensurate with being an international destination. The City of Marathon area is weIl situated to receive incoming international cruisers to and from the Caribbean that would benefit from a convenient local Customs Office. The City of :\1arathon has expressed support though it's City CounciJ as weIl as the Marathon Chamber of Commerce. The City has requested that the County assist the City in expJoring the feasibility of establishing the Marathon Airport as a Customs Service, either as a user fee airport, or port of entry status. The Marathon Airport Terminal building has the physical structural space required to house a custom facility available. While funding for such a facility has yet to be determined, funding for the remodeling and outfitting of a customs faciJity may be availabJe through the Florida Department of Transportation. The City has asked for the County's assistance in determining what hard costs would be required in establishing the service as welJ as the recurring costs of maintaining the service as a prerequisite to the City determining how best to fund the services. The County's involvement will be limited tu the use of the staff time involved in facilitating the review of the available facilities and the costs required to establish a customs facility. The City is not seeking any funding from the County for this feasibility determination. A report of findings will be presented to the Board as soon as possible. PREVIOUS RELEVANT HOeC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMEND A TIONS: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management DIVISION DIRECTOR APPROVAL: (David P. Rice, Commissioner, District 4) DOCUMENT ATION: Included XX ToFollow~ Not Required~_ DISPOSITION: AGENDA ITEM # NO. 22/4 ? 2 Aui . S,cretary Jar LegISlatIVe! Affair. . / u.s, ~putment or Homeland Security r/ WashiDgtol1, DC 20518 OCT I 4 2009 Homeland Security RECEIVED OCT 27 2009 The Honorable Ileana Ros- Lehtinen U.S. House of Representatives Washington, DC 20515 Dear Representative Ros-Lehtinen: Thank you for your September 17,2009) letter to Secretary Napolitano regarding Mayor Cinque's request to establish a pen of entry in Marathon. Florida The Department of Homeland Security's (DHS) U.S. Customs and Border Protection (CBP) understands the importance of this issue to the City of Marathon's business community and has conducted an initial review of your request. For cap to evaluate the potential more thoroughly, they will need to discuss the request with the City of Marathon, and review key factors such as the suitability of the Marathon Airport facility, its infrastrucmre, and the degree to which the airpon is compliant with CWTent requirements for clearing international pa.ssengers. Current guidelines require permanent air port of entry operations to have an annual minimum of 15,000 international air passenger arrivals and 2,000 scheduled international arrivals, However, Mayor Cinque's request might be met through other means, such as extending landing rights privileges or establishing Marathon Airport as a user fee airport. Should Mayor Cinque or a member of his staff wish to discuss this reques1 in more detail. they may contact Harold Woodward. Director of Field Operations in CBP~s Miami Field Office, at (305) 810-5120. Thank you again for your letter, J hope to continue to foster a close working relationship with you on this and other homeland security matters. If you have any further questions, please do not hesitate to contact me at (202) 447-5890. .. C i Wiggins Assistant Secretary Office of Legislative Affairs \. www.dhs.gov v R,","'KING MEMBER: COMMITTEE ON FOREIGN AFFAIR~ ..~.'.'.'''--''';';'' ". --:..-" .- is ":// ~ . , ~ ~ ,t- . " PlEASE RESPOND TO: 2470 RAYBUW>I Hou:,E OF/ICE RUIlDlNG WASHINGTON, DC 205154)818 CJ 1202) 225-3931 FA~: (2021 225-5520 h tip ';.'www.hollse,[Jov.'toS-1ehlinen htlp:iJI""",lnaflal' S !lOllSH gDv1minm i1V,repub!icans,htrn www.lw.tter.comirl WNW. voutil oB.t:on llllet\n~l GS~ct)t\ncri qcongres5 of tbe mlniteb ~tatr~ RECEIVED OCT 27 2009 ;!JouSt of i\rptl'~elttattbt9' ILEANA ROS-LEHTINEN lSTH DISTRICT, F,URIDA [J DISTRiCT OFF,CE 49611 sw 72 ,>\\lENc1t SUITE 208 MI"~'I, FL 33155 130!l) 668--2285 FAX: (305)668~5970 D MONRO. COUN 1 y' \30513047789 MIAMI BEACH ARf.M.' 1305) 934-9441 September 17,2009 o The Honorable Janet Napolitano Secretary Department or Ilomeland Security U.S. Department of Homeland Security Washington. DC 20528 Dear Secretary Napolitano: I would like to draw your attention to a requeslmade to my office by Mayor Mike Cinque ofthc City of Marathon. The Mayor and City Council would like to work with the Department of Homeland Sccurity(DHS) and Customs and Border Protection(CBPj to establish a fixed Custom Services for travelers into and through their harbor and airport, This Port of Entry would allow CRP officers or employees to accept entries of merchandise, clear passengers, collect duties, and enforce the various provisions of CBP. Incorporated in 1999. the City of Marathon isin the heart of the Florida Keys ilnd is well situated as a hub for both Caribbean travel as well as Keys destination travel. The addition of a Port of Entry in this beautiful city would provide foreign travelers a convenient means to discover tourist destinations in the United States as well as allow our own citizens easy of access into the Caribbean and beyond. The City of Marathon is often described as a "cruiser's dream" and offers stunning and pristine natural environments with all the amenities needed to serve as a Port of Entry. As global travel of all types becomes ever more readily accessible, the location of the City of Marathon in the Florida Keys should lend itself as a prime location for CBP to set up a Port of Ent!)'. Consistent with all applicable rules and regulations. I encourage you to take into fair consideration the City of Marathon'5 request to become a U.S. Port of Entry and strongly encourage you to work directl~ with the City in achieving this aim. Thank YOll for your time and attention to this important matter. ana Ros-Lehtinen Member or Congress I RL:jhs/jsp Cc: City of Maratholl Cc: U.S. Customs and Border Protection 1300 Pennsylvania Avenue, N.W. Washington. D.C. 20229 PRINTED ON RecYClED PAi'fR FACT SHEET PORTS OF ENTRY AND USER FEE AIRPORTS The following describes the basic requirements needed that must be met by an applicant for consideration to be desIgnated as a U.S. Customs and Border Protection (CBP) Port of Entry or User Fee Airport. Ports of Entrv A Port of Entry is an officially designated location (seaports, airports, and or land border locations) where CBP officers or employees are assigned to accept entries of merchandise, clear passengers, collect duties, and enforce the various provisions of CBP and related laws. The following are considered the minimum basic criteria for establishing a Port of Entry. The applicant or requesting community must: . Prepare a report that shows how the benefits to be derived justify the Federal Government expense. . Be serviced by at least two other major modes of transportation (rail, air, water or highway). . Except in the case of land-border ports, have a minimum population of 300,000 within the immediate service area (approximately a 70-mile radius). The actual workload in the area must be one or a combination of the follOWing: . 15,000 international air passengers (airport). . 2,000 scheduled international arrivals (airport). . 2,500 consumption entries (each valued over $1,000), with no more than half being attributed to anyone party (airport, seaport, land border port). . 350 cargo vessel arrivals. . 150,000 vehicles (land border port). . Any appropriate combination of the above. Facilities provided without cost to the Federal Government, must include: . Wharfage and anchorage adequate for oceangoing cargo/passenger vessels (if a water port). 2 . Cargo and passenger facilities. . Warehousing space for the secure storage of imported cargo pending final CBP inspection and release. . The commitment of optimal use of electronic data input equipment and software to permit integration with any CBP system for electronic processing of commercial entries. . Administrative office space, cargo inspection areas, primary and secondary inspection rooms and storage areas, and any other space necessary for regular CBP operations. . Identification of location and distance of nearest CBP ports. The Federal Government provides land Border inspection facilities. CBP must also obtain agreements from Canadian and Mexican officials to establish inspection facilities opposite proposed U.S. Ports at land-border inspection stations. User Fee Airport tUFA) Proaram A UFA is a small airport which has been approved by the Commissioner of CBP to receive, for a fee, the services of a CBP officer for the processing of aircraft entering the United States and their passengers and cargo. The applicant must meet the following criteria for UFA consideration: . The volume or value of business at the airport is insufficient to justify the availability of inspectional services at such airport on a non-reimbursable basis. . The Governor of the State in which such airport is located supports such designation in writing to the Commissioner of esp. . The requestor (e.g. airport authority) agrees to reimburse CBP for all costs associated with the services, including all expenses of staffing a minimum of one full-time inspector. . The requestor completes an Agriculture Compliance Agreement (ACA) with fixed base operators and garbage haulers for handling the international garbage. The basic steps required in considering an application for designation as an UFA include: . Receipt of a letter from the Governor of the state supporting the user fee airport designation. 3 . A successful site visit in which CBP officials discuss workload and services and verify that facilities are adequate for inspectional services to be provided. . Completing a Memorandum of Agreement (MOA) with esp, which states the responsibilities, fees and hours of service. . Completing an ACA with CBP for handling international garbage. An approved UFA receiving CBP services is responsible for payment of the following fees: . Per Inspector ~ $140,874 for the first year and $123,438 for succeeding years. . ADP costs per inspector - $25,000 - $45,000 (1st year) $15,000 - $35,000 for succeeding years depending on the location. . Other associated costs such as overtime. In all cases regarding requests for new service, it must be understood that before CBP approves requests to establish new Ports of Entry or User Fee Airports, CBP must have the available staffing or the authorization and appropriations to hire additional staffing. This is and will continue to be one of the most important considerations.