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Transcript of the Testimony of Tim Parker

Date: December 17, 2013 Volume: I Case: In Re: Joplin Critical Investigation

Printed On: December 27, 2013

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Tim Parker

In Re:

Joplin Critical Investigation

Page 1

IN RE:

JOPLIN CRITICAL INVESTIGATION

SWORN STATEMENT OF

TIM PARKER

Taken on Tuesday, December 17, 2013, from 4:34 p.m. to 4:47 p.m., at the law offices of Juddson H. McPherson, LLC, 626 S. Byers, in the City of Joplin, County of Jasper, State of Missouri, before SHARON K. ROGERS, C.C.R.650, a Certified Court Reporter and a Notary Public within and for the County of Jasper, and State of Missouri.

Holliday Reporting Service, Inc. 417-358-4078

Tim Parker

In Re:

Joplin Critical Investigation

Page 2

APPEARANCES

MR. THOMAS E. LORAINE Loraine & Associates, LLC 4075 Osage Beach Pkwy., Suite 300 Osage Beach, MO 65065

tellaw@loraineandassociates.com

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Tim Parker

In Re:

Joplin Critical Investigation

Page 3

S T I P U L A T I O N

IT IS HEREBY STIPULATED AND AGREED that this Sworn Statement may be taken by steno-mask type recording by SHARON K. ROGERS, a Certified Court Reporter, and afterwards reduced into typewriting. It is further stipulated that the signature of the witness is hereby waived, and that said Sworn Statement of said witness shall be of the same force and effect as though said witness had read and signed Sworn Statement.

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Tim Parker

In Re:

Joplin Critical Investigation

Page 4 I N D E X Page/Line DIRECT EXAMINATION BY MR. LORAINE . . . 5-13

E X H I B I T S

Exhibit #50

15-8

Building Board of Appeals Agency

Note:

Exhibits in separate binder

(sic) - typed as spoken (ph.) - phonetic

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Tim Parker

In Re:

Joplin Critical Investigation

Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. BY MR. LORAINE: Mr. Parker, I'm going to swear As you recall you

you back under oath again.

were with me about a week ago, wasn't it? BY MR. PARKER: BY MR. LORAINE: December 4th. Can I remind you that you're

still under oath? BY MR. PARKER: BY MR. LORAINE: BY MR. PARKER: BY MR. LORAINE: that. TIM PARKER DIRECT EXAMINATION BY MR. LORAINE: Q. So, Mr. Parker, you had called my office and had said that you had some additional information that I should know about Mr. Woolston. Yes, sir. Could you relate what that information is? There's another web site that's called Jasper County Beacon put out by Snyder Company and it lists all the properties current, up-to-date as far as whose the owner. I've Yes, sir. And you recall that? Yes, sir. All right, so let's go on with

been watching the Beacon because like I said my --

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Tim Parker

In Re:

Joplin Critical Investigation

Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Is that a web site? Yes. What's the email address? Just pull up Jasper County Beacon and it will come up. All right. Anyway I've been keeping track of it because Mr. Rohr had said that 90 percent of the homes damaged or destroyed had been rebuilt or repaired without a permit to do so. block had 20 homes on it prior to the tornado. As of today 5 have rebuilt. That's My

25 percent.

Any fool can drive through the

tornado zone and see that it's not 90 percent. I was watching the Beacon to

determine who was going to be surrounding me, you know, how far the encroachment would be for the commercial lanes that they're doing on 20th Street because I live on 21st and Mississippi and I wanted to know who my neighbors were going to be before I rebuilt. I was watching the web site and I noticed that Mr. Woolston's long time friend, associate, client is Four State Homes, the man that owned it is named Charlie Kuehn,

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Tim Parker

In Re:

Joplin Critical Investigation

Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. K-U-E-H-N, and he had bought numerous properties around Carolina Place, which is just north of me. There was like, oh, 6 or 7 And I knew

lots that he'd bought over there.

a carpenter that worked for Four State Homes so I asked him, I said, "Well, it looks like you've got work to do because your boss has just bought all these lots. going to build on them." You all are

He said, "No, my

boss bought those for investment purposes." Which kind of struck me as odd because it's just a residential area just like mine. noticed later in the paper that those properties had sold to the City of Joplin through the Redevelopment Corporation for about three times their appraised value. I said Mr. Woolston denies he took a real estate commission on them, but quid pro quo don't mean that you've got to take a real estate commission. There would be a vacation And I'm fairly As I

to Bermuda or anything.

certain that that happened. So what you're telling me is that his partner in Four State Homes, what was the guy's name --

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Tim Parker

In Re:

Joplin Critical Investigation

Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. Q. Q. A. Q. A. Q. A. Q. A. Charlie Kuehn. Kuehn. He pronounces it Kuehn, but it's spelled K-U-E-H-N. Okay. And you think there's some quid pro

quo going on between him and Woolston for all Woolston's involvement? It's going to be hard to prove because he says he didn't take any real estate commissions on those transactions. Well, he may not have taken a real estate commission. Correct. But there's quit pro quo. Woolston

is just not that type individual. And Woolston is working too hard in your opinion for nothing? Right. Right. What did

Well, let me ask you this question.

Woolston say about the trails going through your property? This is the Parker's property. There's going

to be a running trail that runs right through the middle of their property so I'm sure they're waiting to see what the City's actions are as well because they don't know

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Tim Parker

In Re:

Joplin Critical Investigation

Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. how far commercial is going to reach back. They're just right off 20th Street as well. They're on 1916 Murphy Boulevard. So the question really here, really is do I build my home back or do I lose my driveway, or is this really going to be a commercial enterprise area that somebody else is going to make the money to the City? you're worried about? They've already established that 20th Street is going commercial. don't know. Do you know if the zoning change is already in for those? They're being approved. The property has Now how far back we That's what

been accumulated by several different developers. There's a doctor here in town

that's accumulated quite a bit around this. Do you know if Mr. Woolston is involved in getting any of those zoning changes? I have no idea. He's a realtor and I'm sure As far as his

he's got his nose to it.

involvement in it I can't produce anything. Okay. You mentioned another Parker is That is not a

waiting to talk to me.

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Tim Parker

In Re:

Joplin Critical Investigation

Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. Q. Q. A. A. Q. A. Q. A. relative of yours? No relation. We have a mutual friend who

died last year from cancer, but other than that there's no -No relatives? No relatives. And they're here to talk to me about some other issue involved? They're on the same list. page -What is this list that you've given me? That's the Building Board of Appeals people that have been prosecuted under this ordinance that I'm in the process of. And these are all the people? This is on page 4, right here. Okay. And that's William and Dana Parker? If you turn the

Correct. 1916 Murphy Boulevard. Murphy Boulevard. And they're out there in my vestibule? Yes, sir. Okay. But in any case now you said that Mr.

Rohr called you between the time that you last spoke to me?

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Tim Parker

In Re:

Joplin Critical Investigation

Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. A. Not Mr. Rohr, it was the Assistant City Manager, Sam Anselm. Sam Anselm. What did he tell you?

He told me that he was witness to my statement. I told him I wasn't comfortable

going to City Council meetings, I'm not a public speaker. He said, well, he did review

on the web site, City of Joplin's web site at the previous Council meeting that I discussed in that statement on September 6, 2011 when I told them that I was giving my Notice of Intent as required under the ordinance and that I planned on rebuilding and I would rebuild when I was ready to, not when the City told me to. He said he had confirmed

that I had made that statement, confirmed that I had lived up to the terms of the ordinance, and the City was no longer pursuing that matter. He called you at your home? He called me at my home on my phone on December 5th. So I go to the Board of

Appeals meeting on this December 13th because I trust no one in the City. I've been lied

to by Mr. Rohr, I've been lied to by the City

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Tim Parker

In Re:

Joplin Critical Investigation

Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Finance Manager. Council meeting. It's all in that DVD on the And now I've been lied to So I I

by the Assistant City Manager.

proceeded to go to the meeting anyway. told them what he had told me. What Sam Anselm had told you?

What Sam Anselm had told me, and they were unaware of it, said they had no knowledge of it, and they went to fetch Mr. Anselm. Brought him back to the Board of Appeals meeting, I sat down and let some other folks talk, the other Parkers talk. They brought

him into the room and I went back to the dais. They asked him what his statement was

to me and he said, well, - they asked did he tell me that the City was no longer pursuing this. He said, no, actually I didn't tell He said I just talked to Mr.

him that.

Parker about his statement to the Council and that he had been keeping his property well maintained and we appreciated it. One of the

Councilmen at the meeting had stated that I kept my property neat and he said that's all we talked about, we didn't - he said I never discussed anything with him about releasing

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Tim Parker

In Re:

Joplin Critical Investigation

Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. him from this. From the acquisition list? Right. I called him a liar right in front of I said, "This man did not call me I said,

everybody.

to brag on my property maintenance."

"The only reason he had to call me was to tell me that he was going to release me or that he wasn't going to release me," and I said, "That's what he told me." I said, "I

don't care if you believe it or not," I said, "I'm an honest man," and at that time the Building Board of Appeals said that they'd give me another 6 months. To build? To either rebuild or lose my driveway. They're trying to force economic redevelopment. I can't understand how

they're allowed to do this under the law, but apparently they are. Have you talked to an attorney yet? Yes, I talked to an attorney and he tells me that we're going to have to put this into a class action matter, and the only way apparently he's not interested in accumulating all the people or speaking with

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Tim Parker

In Re:

Joplin Critical Investigation

Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. all the people to make a class action. I've

told these people that are coming in after me that if they want to go in together on it I'd be happy to go in with them on it. I told

the Building Board of Appeals I'll spend my property, the value of the improvements on it that are listed by the county that they tax me on around $3,000.00, probably said it would cost me closer to $4,000.00 or $5,000.00, I would probably spend that money just to protect my property. When you lost

your property in the tornado it becomes personal. You don't want the City taking the It has a different My wife is

rest of your property.

effect on women than it does me.

very much attached to that property and we want to maintain it to give to my son when he's ready to build there. I don't know when I don't

he's going to be ready to build.

feel I should be forced into that decision early because the City wants to reproduce its tax base. Did you provide this list that you've given me here to that attorney? No.

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Tim Parker

In Re:

Joplin Critical Investigation

Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. A. A. Q. A. Q. Q. Q. A. Do you have an extra copy? I have not engaged an attorney. discussed it. What number are we going to put on this? next number. Okay, I'm going to mark this The We've just

with an exhibit number, which I do not have the number for right now, but the title of this document is Building Board of Appeals Agenda. Correct. This is what you handed me? Yes, sir. Would you put your initials right in between the heading - right after the Joplin address? That was given to me on December 13th at the Building Board of Appeals meeting. Okay. T-P. Okay. And what did you put on here, sir? That's my initials T-P. And I'm going to circle that initial, (Exhibit #50)

is that okay? Correct. Have I done that? Yes, sir. All right. I appreciate you coming in here.

I've had four Council members tell me that

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Tim Parker

In Re:

Joplin Critical Investigation

Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. A. Q. Q. what the City is doing wrong, but apparently you've got to have five to become a majority. I don't know why they're holding that they cannot do this, but there's a lot of funny things going on. What else did you have to say about Mr. Woolston? I mean I'm glad you related this Obviously

issue on Sam and the phone call.

the Board of Legalization didn't really believe you or they would have found in your favor, but they did give some fair benefit to the fact, as I understand it he did admit that he called you? Yes. He just didn't admit what he called you about? Exactly. And he had no reason to call me and

brag about -And you're under oath here today, you understand? Yes, sir, he has no reason to call me and brag on my yard maintenance. No, I wouldn't think so. So when exactly was

- Now this is twice, both the City Manager told you once at a public meeting --

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Tim Parker

In Re:

Joplin Critical Investigation

Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. A. Q. A. On the Council meeting. the City's web site. It's on videotape on

And at that same

meeting immediately after they presented this ordinance to the Council Councilman Scearce asked the City Finance Manager - the City Finance Manager is the one that read the ordinance on the record. He asked her does

this December 15th date mean that people cannot use their driveways after December 15th? She said, no, not at all. She said

December 15th is the date they have to notify us of their intent. If they notify us of

their intent we have no problem with them using their driveways. It's on the video.

And Manager Rohr told you that same thing at that same time? At that same meeting he told me - I told him I was rebuilding when I was ready, not when the City told me to. He told me if I'd get

my pertinent information to the City Finance Manager everything was good, no problems. And the City Finance Manager also told you that? She told the Council as well. And did you tell the Council that --

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Tim Parker

In Re:

Joplin Critical Investigation

Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. That was in my statement that I gave to you last time I was here, that statement to Council that I made. All that is verifiable

on the City's web site. But have you been back to the City Council to discuss this recent transaction? Now you've

got three people lying to you at the City? Right. No, I've not been back. It seems

almost pointless. All right. I appreciate you coming in and

thank you again. One other thing on Mr. Woolston. Prior to

that Council meeting, me coming to that Council meeting Mr. Rohr and Mr. Woolston, Mr. Woolston was Mayor at the time, had decided that it would be in Joplin's best interest to have a Travis Tritt concert for 9/11/2011 coming to Joplin to bring national attention for Joplin. They pulled $50,000.00

or $60,000.00, $50,000.00 or $60,000.00 out of the tornado relief funds to book him. They said at that time once they had him booked there were businesses prepared to reimburse the City for that money. Now that money was

meant for tornado victims, it wasn't meant

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Tim Parker

In Re:

Joplin Critical Investigation

Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (SWORN STATEMENT CONCLUDED) Q. A. Q. A. for a Travis Tritt concert. People were

upset about it, got on Travis Tritt's Facebook page and started commenting to him where the money was coming from and he refused to do the concert after that when he found out where the money was coming from. Blew up in the paper. investigate. The paper did not

They said that the City had

told them that they had businesses lined up to repay those funds once the act had been booked. No names of those businesses were

ever released to the public. Okay. Anything further?

No, sir. All right. Thank you. Thank you for coming back.

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Tim Parker

In Re:

Joplin Critical Investigation

Page 20

REPORTER'S CERTIFICATE

STATE OF MISSOURI ss. COUNTY OF JASPER I, SHARON K. ROGERS, Certified Court Reporter in the State of Missouri, do certify that pursuant to the foregoing Stipulation the witness came before me on the 17th day of December, 2013, was duly sworn by me, and was examined. That examination was then taken by me by

steno-mask recording and afterwards transcribed; said Sworn Statement is subscribed by the witness as hereinbefore set out on the day in that behalf aforesaid and is herewith returned. I further certify that I am not counsel, attorney, or relative of either party, or clerk, or stenographer of either party or of the attorney of either party, or otherwise interested in the event of this suit.

_________________________ SHARON K. ROGERS, CCR-650

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