By Kristyne E. Demske
C & G Staff Writer

SHELBY TOWNSHIP — Two local officials are facing potential recall after the filing of petitions alleging that campaign contributions swayed their votes on various issues before the Board of Trustees.

Four recall petitions filed against Supervisor Richard Stathakis allege that Utica Van Dyke Service, United Lawnscape, Fazal Khan and Associates, and Michael Torres all contributed to his bid for election in 2008 and then were subsequently awarded bids or rezoning petitions by the Board of Trustees.

Three recall petitions against Treasurer Paul Viar allege that contributions from Fazal Khan, United Lawnscape and Michael Torres also led to granted bids and petitions.

Stathakis said the allegations were “emotional, political nonsense,” and wouldn’t comment any further on the matter.

Viar, however, said he felt that anyone has a right to file a recall petition for any reason and he would just have to work through the matter.

“I believe that this is just a lashing out and possibly just a knee-jerk reaction by the Nightingales from losing the contract,” Viar said, stating that the petitions were filed by the owners of Nightingale Standard Service, which recently was not awarded a new contract for towing in the township after 51 years of service. “The Nightingales have to do what is in their best interest and I’ll continue to work on things in the township and try to get through these economic times.”

Owner John Nightingale had not returned a request for comment at press time.

Campaign finance reports from the Macomb County Clerk’s Office show that Stathakis did receive money from County Commissioner and former Shelby Trustee James Carabelli, who was employed by United Lawnscape; from Fazal Khan, now the township’s engineering firm; and from the owner of Utica Van Dyke Service, Dino Juncevic. But the reports also show contributions from Lyle Winn, who is employed by the township’s previous engineering firm, Anderson, Eckstein and Westrick; and from Nightingale Standard Service owner John Nightingale.

Campaign finance reports for Viar show a similar trend: donations from Khan and two others who were employed by him in 2007 and 2008; along with donations from Utica Van Dyke Service owner Juncevic and the owner of United Lawnscape, Salvatore LaGrasso of Shelby Township; but also contributions in 2007 and 2008 from Winn of AEW.

Many other businesses, community groups, elected officials and residents also contributed to each campaign.

Torres — the petitioner in the rezoning of the southwest corner of 24 Mile and Schoenherr roads — is listed in the recall petitions, but his name didn’t come up in any 2007 or 2008 campaign finance documents. The board approved the rezoning from one-family residential to office in August by a vote of 4-3, with trustees Paula Filar, Lisa Manzella and Clerk Terri Kowal voting against the rezoning.

The board voted to hire new engineer Fazal Khan and Associates in August — and approved the contract this month — after 27 years with AEW. Board members said they liked the way Khan would bid out each project and hoped that would save the township money. The vote approving the contract was 5-2, with Kowal and Trustee Lisa Manzella dissenting.

The board is still researching towing bids after throwing out the company, Utica Van Dyke Service, that was first awarded the contract. The board voted 4-3 in favor of the company, with Filar, Manzella and Viar dissenting, opting for the lowest bidder, Coleman’s Towing & Recovery of Troy. But the bid is still up in the air after Utica Van Dyke was found to not meet township specifications and was disqualified. Right now, Nightingale Standard Service still has the contract.

The contract mentioned in the recall petitions regarding United Lawnscape was awarded at the April 7, 2009, board meeting after a unanimous vote by the board. The company was the low bidder on two out of the three portions of the project the township was putting out for bid.

The recall language has to be approved by the county election commission on Oct. 20. If it were approved, the petitioners would have 120 days from that date to gather the required signatures — about 7,000 in Shelby Township. But signatures are only valid for 90 days. Once the required amount of valid signatures is filed, the recall petition would be placed before voters on the next available election date. If Viar and Stathakis were to be recalled in that election, a new election to replace them would take place on the next available date after that.

If the elections were held during regular August or November elections, there would be no additional cost to the township, according to Clerk Terri Kowal. However, if either election were held when there was no regular election scheduled, or during a school election, it would cost about $30,000.

Stathakis and Viar obtained their current office in 2008 and barring recall will be up for election again in 2012.

Viar said it would be business as usual in the treasurer’s office while the petitions were outstanding.

“If the people think I need to be recalled then have at it,” he said.

He noted that in the case of the towing contract, he didn’t vote for Nightingale or Utica Van Dyke.

“I voted for the lowest bidder,” he said. “That’s who I voted for, and in politics you win some and you lose some.”