More troubles brewing over coffee concession

Adrienne Packer

Wednesday, Nov. 8, 2000 | 9:02 a.m.

The controversial process that has haunted Clark County commissioners most -- awarding airport concession contracts -- returned to the forefront Tuesday, a day when three of the seven board members were up for re-election.

The board voted 5-0 with one abstention to allow Sharyn Brown's SB Specialties Inc. to open a gourmet coffee house at McCarran International Airport.

Commissioner Yvonne Atkinson Gates, hit hardest two years ago by the state Ethics Commission over her involvement in a concession contract, abstained after she was accused of pushing for Brown, the wife of lobbyist Jay Brown.

"This ... causes me to avoid even a hint of impropriety after what I went through, and I don't want to go through that again," Atkinson Gates said.

But Dan Ayala, co-owner of Ayala Inc., which competed with Brown's company, claims Atkinson Gates' abstention is too late. He believes she encouraged Brown to apply for the contract.

Atkinson Gates and Brown's attorney, Chris Kaempfer, said none of the commissioners have ever talked to the Browns about the application. Ayala, who owns five other concession stands at the airport, has filed a lawsuit against the county, claiming the decision was "capricious and arbitrary."

He said his company is better suited for the airport because it is certified as a Disadvantaged Business Enterprise. The county struggles to meet its goal of awarding 20 percent of its stands to disadvantaged business owners.

Atkinson Gates and Clark County Aviation Director Randy Walker said the only conversation they had about the contract was last summer after Ayala called the commissioner to lobby her for support. Atkinson Gates called Walker to find out what Ayala was talking about.

"None of you knew this process was happening until you were contacted by the Ayalas to lobby you," Walker told the board.

The lawsuit alleges that Atkinson Gates received a $5,000 campaign contribution from another company owned by Brown after Atkinson Gates spoke with Walker about SB Specialties.

Ayala admits he called Atkinson Gates and Commissioner Dario Herrera to discuss his application -- a violation of ethics measures the county adopted that says nobody is to lobby the board until an item is placed on the agenda.

"Calls were made, no question about it," Ayala said.

Herrera said he too asked Walker about the contract after being contacted by Ayala. Although the commission's job is simply to ratify recommendations made by Host Marriott, Walker asked Herrera whom he would prefer to receive the contract.

"I think we should widen the circle of opportunity rather than concentrate on a few folks with many of the concessions," Herrera said, reiterating what he told Walker. "He made it very clear to me that we would not play any role in the selection."

Clark Sharp, the Washington D.C.-based vice president of marketing for Host Marriott, said his company weighed each application as it does with contracts it oversees in airports across the country.

"We had to decide between two qualified candidates," Sharp said. "We do this regularly, and we try to do this objectively and fearlessly."

Kaempfer called Ayala's contention that there were violations during the process a case of "sour grapes."

"There is no good faith and honest reason why SB Specialties and Sharon Brown should not be given this opportunity," Kaempfer said.

Walker, who appeared agitated that the concession contract process was again being questioned, said the process was the cleanest he has seen in years.

Ayala said he was disappointed with the board's decisions, and Walker's claims that Ayala fabricated his story about how the application process unfolded. But, he said, he is confident the truth ultimately will be resolved in court.

U.S. District Judge Philip Pro denied Ayala's request for a restraining order Monday that would have delayed Tuesday's decision. A hearing has been scheduled for Nov. 30 to consider Ayala's request for a preliminary injunction against the county.