A Dec. 11 post-sentencing hearing aimed at helping a judge decide what a Bradenton contractor should pay for bilking the city of Holmes Beach was continued for a third time.
Chris Arnold, 64, was sentenced in June to 364 days in Manatee County jail after pleading no contest to grand theft of $92,830 in unperformed curb work under a 2012 contract. Twelfth Judicial Circuit Judge Deno Economou also sentenced him to 14 years of probation and 100 hours of community service, reserving restitution.
At the December restitution hearing — continued from June and October — Holmes Beach public works foreman Gary Blunden, R. Charles Scott, a Sarasota construction expert for the defense, and Arnold testified.
Blunden testified it was difficult to identify and measure “all the areas done and not done.” He said he took measurements with Holmes Beach Police Department Detective Sgt. Brian Hall after HBPD was told Arnold performed about half the work under the city contract.
Curbs on 11 streets in Key Royale and Flotilla Drive were to be removed and replaced in three months — by Sept. 15, 2012.
At the December hearing, Scott said the bids for the June 2012 contract lacked specificity and Arnold’s low bid was supplanted by a “gentlemen’s agreement” between the city and Arnold.
Scott’s testimony pointed out Arnold was not compensated for extra work, changes that were made as a result of weather and curb grinding, despite an all-inclusive contract provision. The defense expert didn’t dispute Hall’s measurements.
Also at the December hearing, Arnold framed the issue as one of city politics.
“Holmes Beach is a very political town,” Arnold said.
After Arnold was awarded the job, city officials told him to mark the curbs in need of replacement.
“I was instructed to do it as fast as possible. It had to be done before the election,” he said.
The concentration was on Flotilla and Key Royale drives “because that is where the full-time residents are. That is where the voters are,” he added.
According to Arnold, former city public works superintendent Joe Duennes told him not to be concerned with paperwork but with “the values to the city.”
At the prior restitution hearings, city officials testified Holmes Beach was seeking restitution for the $92,830 billed for unperformed work, attorneys’ fees, an engineer’s review fee and $3,069.19 worth of police and staff time.
Attorneys told the judge Dec. 11 two additional hours were needed for testimony and final arguments.
The next restitution hearing is set for 10 a.m. Monday, Feb. 22, 2016, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.