751)-\V.PerlmeterRd Unit#-! 

(425) 228·9510 

Rent-on, WA -90057 

(425} 228-9511 fax: 

February 23, 2015 

Office of the Ghief Counsel 

Attention: F Al:jl;<part 16 Docket Clerk, AGC-600 

Federal Aviation Administration 

800 Independence Ave SW 

Washington, DC 20591 

RE: Response to Request for Extension of Time 

Pro-Flight Aviation, Inc. v. City of Renton 

Dear Sir or Madam, 

Docket #16-15-03 

I am in receipt of a request by the City of Renton ("City") for an extension of time for the 

filing of the City's Answer to the above-named Part 16 Complaint, dated February 17, 

2015. The City has requested a 12-week extension. Although I am willing to consent to 

an extension of 30 days, I believe an extension of the length requested by the City is 

excessive f.or Jfl~ following reasons (numbered to correspond to the paragraphs in the 

City's request): 

1. The staffmg and work load of the City Attorney's Office is beyond Pro-Flight's 

control and should not be permitted to further prejudice Pro-Flight's position at 

the Airport. Resolution of the issues raised by Pro-Flight is time sensitive given 

the ability of Boeing to remove Pro-Flight from the tie-downs on the disputed 760 

parcel. 

2. With respect to the reduction in Airport personnel, Mr. Jonathan Wilson was 

promoted to the position of Airport Manager on October 16, 2014. Prior to that, 

Mr. Wilson served as Assistant Airport Manager for some seven years and should 

be adequately familiar with any issues raised in our Complaint. The Assistant 

Airport Manager position, left vacant by Mr. Wilson's promotion, was filled 

January 21,2015. The only remaining vacancy is an engineering position, which 

has no 1

b.earing on this matter. In addition, we have found the City Clerk's Office 

to be vety efficient at locating <md collecting records. 
3. The City's need to interview Mr. Zulauf, and to seek FAA permission, is beyond 

Pro-Flight's control. Any information Mr. Zulauf has or had should be well 

documented in the Airport files passed to his successor, Mr. Wilson. 

4. Lease ,<fgreements between the City and any airport tenant are subordinate to 

federatY.aw. The City has the obligation to amend its lease agreements, if 

necessary, in order to meet its federal obligations. Boeing has no obligation or 

incentive to voluntarily relinquish rights obtained through their lease agreements 

with the City. The Boeing Company is not party to this Complaint. 

The City's reluctance to initiate discussions with Boeing was central to the filing 

of this Part 16 Complaint. During pre-complaint resolution attempts, the City 

promised to enter into discussions with Boeing in August, October, and December 

of2014. Pro-Flight never received any follow-up information regarding the 

· outcome of these discussions. Indeed, Pro-Flight never received any indication 

that such discussions even took place. The City's portrayal of a tentative 

agreement between the parties is disingenuous as we have never been presented 

with a real proposal to accept or decline. 

Pro-Flight is willing and eager to continue negotiations with the City, and, as a courtesy, 

would be willittJS to hear Boeing's input, but time is of the essence and we are unwilling 

to endure continued delays. 

In the interest of moving forward, Pro-Flight will consentto a 30 day extension, making 

the new due date for the City's Answer April2, 2015. We believe this will provide 

sufficient time for the City to prepare its Answer. 

Respectfully yours, · 

0aP~ Bernard A. Paholke 

Vice President 

Pro-Flight Aviation, Inc. 
750 W. Perimeter Rd Unit #1 

{425) 228-%1-0 

Renton, WA 98057 

(425} 228-9511 fax: 

Certificate of Service 

t 

I certify that I have this day served the foregoing letter, Response to Request for 

Extension of Time, Part 16 Complaint: Pro-Flight Aviation v. City of Renton FAA 

Docket Number 16-15-03 on the following persons at the following addresses by United 

States Postal ~ervice. ~ k-: -\ 

Office of the Chief Counsel 

Attention: FAA Part 16 Docket Clerk, AGC-600 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

And 

City Clerk's Office 

City of Renton, W A 

1055 South Grady Way 

Renton, W A 98057 

Dated this 23~,/t:,day of February, 2015. -\~ 

J)tP~ Bernard A. Paholke 

Vice President 

Pro-Flight Aviation, Inc.