By SARIT LASCHINSKY

Special to The Press

South Whitehall commissioners have approved settlement of litigation related to a fatal police-involved shooting outside Dorney Park in 2018.

The settlement was not listed on the public agenda for the Aug. 18 meeting.

The issue was announced as a new item by board President Christina “Tori” Morgan while commissioners were reviewing motions.

She had earlier announced the board met in executive session just before the regular meeting to discuss legal and land matters.

Morgan said under the motion, the township’s police practices liability insurer, QBE Specialty Insurance, has requested consent to “negotiate, resolve and settle” litigation which was commenced against South Whitehall by Juliana Valenzuela, administrator of the estate of Joseph Santos and his former fiancée.

The motion also noted the terms of the settlement “shall result in full, complete and total release of all claims asserted against the township, and its current and past employees.”

No further details were discussed or revealed at the meeting, and commissioners unanimously granted consent for QBE to settle the matter.

Santos, 44, was fatally shot by former South Whitehall police officer Jonathan Roselle July 28, 2018, outside Dorney Park after Santos was reported to have been interfering with traffic and jumping on vehicles.

Santos climbed on Roselle’s police cruiser and banged on the windows, and was walking away from the vehicle when Roselle ordered him to the ground.

Santos, who was unarmed, then turned and walked back toward Roselle, who fired five shots killing Santos.

Roselle was charged with voluntary manslaughter.

He was found not guilty March 19, 2020, after nearly six hours of jury deliberation.

According to published reports, Santos’ estate filed a federal lawsuit against South Whitehall and Roselle in July 2020, alleging the township police department provided no or inadequate instruction to inexperienced officers, putting them into the field without testing or real-life scenario training.

The suit also alleged Roselle violated Santos’ Constitutional rights in using excessive force to stop him and failing to provide medical assistance after shooting him.

In other business, commissioners also considered the adoption of an ordinance to authorize and issue the township’s 2021 series of general obligation bonds in the maximum principal amount of $15 million.

The bond sale proceeds will be used to fund certain township improvements, as well as the current refunding of the townships 2014, 2018 and 2019 general note series.

Jamie Schlesinger from PFM, who serves as an adviser to the township for debt issuance, noted that the board’s decision to adopt their outstanding 2016-2019 audits were a “very favorable action” to keep the refinancing process moving to a point where debt can be issued.

He noted interest rates continue to remain in a strong, low-rate environment, and Schlesinger said the township has a strong fund balance and demographics.

Schlesinger said he hoped the bond rating would come in at a strong position - in the high A or AA category.

“If all those things go well, we hope the rates will be below what we’re expecting,” he said. “We expect to save money from the refinancing. We hope to lock in interest rates over a 20-year period for the debt associated with this building.”

Schlesinger told commissioners if they approved the ordinance that evening, PFM will file with the state Department of Community and Economic Development along with the credit rating agency Moody’s, and will schedule a rating call in the near future.

Once everything is approved and finalized, he would like to go to market around mid-to-late September in order to account for the certainty of the maturity date on the township municipal building loan.

Commissioner Mike Wolk noted that at a previous meeting the board had discussed a portion of the ordinance related to capital projects.

He said decisions still have to be made on which projects to initiate.

Wolk asked about the $15 million amount.

Schlesinger replied that was the maximum principal amount that can be issued.

He clarified by saying commissioners can determine how much money they want to borrow for capital projects.

He and township Finance Director Scott Boehret said the recommendations on specific capital projects can be determined at a later time.

Boehret said that given the current market conditions, “money is cheap; financing is cheap,” and that this was a good opportunity to secure financing for any project.

Attorney Kevin Reed said as a technical requirement, the township must spend 85 percent of the loan amount within three years, and must make a continuous “good-faith” effort to spend all the proceeds on capital projects.

He noted the proposed schedule includes an amortization of the new money projects, and Reed said they cannot have bonds outstanding longer than the useful life of the projects.

The board unanimously approved the ordinance.

Furthermore, under motions the board voted to award a bid for the Bridge View Terrace Water Main and Valve Replacement project to Pioneer Construction for $393,147.

Public Works Manager Herb Bender said residents will be hooked up to the new water main at no cost, and four new hydrants and a sample station will be installed.

He also reported the project was budgeted in 2021 for $300,00, and that an additional $93,147 will be used from the amount budgeted for the township’s Kmart Water Station project.

Bender noted the next steps will be to speak with Solicitor Joe Zator and draw up forms to allow contractors to go onto private residential properties to hook up service lines, as well as to have in-person meetings with the residents to explain the process and gather signatures.

Lastly, during staff reports, Community Development Director Dave Manhardt reported the township has wrapped up its comprehensive plan working group meetings, and those groups’ recommendations will be presented to the planning commission.

He added the commission will combine the gathered information and feedback into a new comprehensive plan, and the schedule for planning commission workshops to finalize the plan will be worked on in the near future.