Led in and out of a Bradenton courtroom by Manatee County Sheriff’s deputies, a 64-year-old jailed contractor attended his Oct. 9 restitution hearing that included the testimony of current and former Holmes Beach employees.
A plea deal for Chris Arnold in March reduced a first-degree felony fraud charge to a third-degree count of grand theft. He was sentenced June 25 to 364 days in the Manatee County jail for overcharging the city of Holmes Beach based on a 2012 curb replacement contract.
Twelfth Circuit Judge Deno Economou also sentenced Arnold to 14 years of probation and 100 hours of community service. Restitution and investigative costs were reserved by the court.
At the October hearing, Economou heard two hours of testimony before continuing it to a date to be determined by the attorneys.
Arnold’s attorney, Jason Reid of Bradenton, estimated two more hours were needed for final arguments and testimony from Arnold, as well as a defense construction expert, R. Charles Scott of Sarasota.
Assistant State Attorney Lisa Chittaro began the hearing by calling for the continued testimony of Holmes Beach attorney Patricia Petruff.
Petruff testified June 25 the city wanted “to be made whole.” It wants to be reimbursed for $92,000 in unperformed contract work, attorneys fees, an engineer’s review, as well as police and staff time.
Holmes Beach Police Detective Sgt. Brian Hall testified he measured the curbs with public works foreman Gary Blunden and determined Arnold was paid $92,830.50 for contract work he did not perform.
In his investigation, Hall looked “for new curbs poured and the curbs marked to be done” and compared it to the contract.
He testified he found orange marks on 11 streets in the Key Royale neighborhood, indicating replacement, that were painted over with gray paint.
According to Hall’s affidavit, former public works director Joe Duennes, who oversaw the work, said there were a few places not done and those areas could have been painted over because the work was moved to another area.
On cross-examination, Duennes testified to being “shocked” about such a large discrepancy as reported in Hall’s investigation.
He added, “I was also happy when the orange paint disappeared because the community didn’t like it.”
Chittaro responded, “I think the community would’ve liked its work done especially because it was paid for.”
Duennes replied, “No question.”
Hall testified the six-month investigation cost the city $3,069.19, including his 56 hours.
HBPD Chief Bill Tokajer testified to overseeing Hall’s investigation, while five other city employees accumulated 56 hours, adding “my time was not included.”
Susan J. Keaton of Sarasota, a certified fraud examiner, testified to reviewing the Holmes Beach investigation and agreed with the $92,830.50 overpayment to Arnold.
On cross, Reid questioned Keaton about her limited construction experience.
In addition to Duennes, Reid called former crew member Chris Clark and former Mayor Rich Bohnenberger to the stand.
A concrete foreman for Arnold on the curb project, Clark testified to the crew picking up their tools and moving to different streets to work and doing punch-list items, such as repairing pavers, sprinkler lines, shrubbery and retaining walls. He also testified to doing curb work that should have been marked but wasn’t.
Duennes testified that Arnold marked the curbs for replacement.
“Chris (Arnold) made it clear he wanted to take care of private property,” said Duennes, adding change orders were verbal.
Duennes, Clark and Bohnenberger testified that “grinding” in lieu of curb replacement was performed on the project.
Chittaro said she expects testimony to resume at a hearing in about a month.