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Chronology of the Winston Land-Locked Floating House
July 1993 - Record flooding in the Mississippi/Missouri River Basin.
August 1993 - Vision for Landlocked Floating House Developed by Paul Winston.Winston retained architects, marine and structural engineers to design and detail the concept.
September 1993 - Army Corps of Engineers reviews Landlocked Floating House design; states that this design can solve up to 70% of the "back-bay" flood problems in the entire USA.
September 1993 - Housing and Urban Development (HUD) reviews Floating House design; predicts that this design can save at least 70% of present flooding problems, particularly in the "back-bay" areas.
November 15, 1993 - Winston Team briefs FEMA and delivers promotional marketing package describing Landlocked Floating House.
November 22, 1993 - 5 business days later, FEMA responds in letter to Winston and rejects floating house concept as not in compliance with NFIP regulations. Sig: James Ross McKay.
December 1993 - U. S. Patent granted to Winston International for Landlocked Floating House.
January 1994 - Winston International responds to FEMA with follow-up letter documenting Landlocked Floating House compliance with regulations.
July 1994 - Record Floods exceed 500 year level in Georgia.
September 23, 1994 - President signs PL103-325, NFIRA into law, which contains Conferee's Report insructing FEMA to accommodate testing of "new technologies" that may "provide feasible means of floodproofing residential structures in flood-prone areas".
October 1994 - Record floods in Texas.
October 1994 - Houston Post Article says FEMA critical of Floating House Concept.
January 1995 - FEMA responds to Winston letter stating the agency will consider making provisions to allow the use of such technology under NFIP.
January 1995 - Seattle Times article states FEMA is non-supportive of Floating House.
February 1995 - Devastating Floods in California.
February 1995 - Senator Slade Gorton sends letter to FEMA stating "It is my understanding that this [PL 103-325, Reigle Community Development Banking] Act directs FEMA to be accommodating to testing".
March 23, 1995 - FEMA reply to Senator Gorton infers long delays until FEMA is ready to develop testing procedure. FEMA further stated that in order for Winston to construct prototypes, they would have to be permitted by local jurisdictions and follow their regulations. Sig: Richard T. Moore.
March 24, 1995 - Winston conciliatory response to FEMA, requesting FEMA's cooperation, stated that the prototypes to be constructed are experimental and would not require permitting while being developed in a factory environment. This Chronology was included in Winston's response.
April 1995 - Devastating floods in Louisiana.
May 1995 - Second devastating flood within 3 years that has exceeded the 100 year flood level in Missouri and Illinois.
May 16, 1995 - Martin E. Best, Washington State Administrator, Hazard Mitigation Grant Program, stated: "the entire cost of WLF homes would be much less than replacing mobile homes every year or relocating them to higher ground", which the State of Washington does annually.
May 1995 - Annual flooding at the village of Allakaket, Alaska created heavy damage in the village. The Allakaket Clinic was the only surviving building because it had Winston type flotation insulation installed in its floor system and it was secured to a tree with a dog chain.
May 31, 1995 - Winston has retained Pacific Testing Laboratories to demonstrate performance under extreme flood and wind conditions using Computer Simulation Testing on Floodproofing System for any configuration of Winston products including single and multi-story houses and apartment buildings.
June 1, 1995 - Devastating floods in Grande, TX, 60 miles west of Houston.
June 3, 1995 - Associated Press reports Devil's Lake, North Dakota started two years ago at 44,000 acres and is now at 72,000 acres. The lake has risen to 1,435 feet above sea level. If the lake reaches its 1867 historical height of 1,438.4, it will flood the city of Devil's Lake according to the U.S. Geological Survey.
July 1, 1995 - Article on the Winston Landlocked Floating House is published in the July issue of Professional Builder Magazine. This publication caters to the building and real estate developing industry in the United States and Canada.
July 21, 1995 - Working with Pacific Testing Laboratories, Winston's technical staff develops an Analysis of Flood Mitigation Factor Comparisons of WLFH and FEMA's published Methods of Retrofitting Flood-prone Structures. In every case, the WLFH was superior in performance to FEMA's methods and less costly.
August 9, 1995 - PTL completes the testing of capabilities of the WLFH and determines extreme limits of the system. Software is produced which will allow Winston designs to be pre-tested for any flood condition, in any location before construction. In short, the testing procedures FEMA seeks are now developed. (See March 23, 1995 entry).
August 17, 1995 - Paul Winston, President of WI was interviewed by Knight-Ridder Syndication on ABC television, station WUSA, and on August 24, for a delayed national broadcast on Mutual Radio Network.
August 1995 - Heavy damage created in California. NFIP running out of funds and FEMA unable to provide adequate assistance.
September 1995 - FEMA attempts to apply lottery system to help Texas flood victims. Litigation pending.
September 1995 - Popular Science Magazine published a documentary on the Floating House.
September 4, 1995 - Vol. 1, Nr. 2 of Winston Newsletter published. The WLFH was praised and FEMA was censured in an article written jointly by John Baden Ph.D., Chairman of the Foundation for Research on Economics and the Environment and originator of the Environmental Management MBA program at the University of Washington, and Gus diZerega Ph.D., Associate Professor with the Institute of Governmental Studies, University of California, Berkeley.
September 9, 1995 - Analytical Engineering Associates, Inc. a national testing consulting firm, retained by Winston to analyze and conduct further computer programming on the PTL test. Winston Model #1231, an "L-shaped" house was used.
September 20, 1995 - The Landlocked Floating House No. 1231 Performance Analysis by Computer Model was completed by AEA, Inc.. The house was subjected to computer testing under extreme flood and wind conditions, with maximum loading including two heavy vans in the garage. Tests also included impact tests against silt and debris with weights up to 2,000 lbs. All tests proved the model to be totally safe and level under worst conditions.
October 1995 - Article published in London's prestigious New Scientist Magazine describing the WLFH technology and FEMA's reticence to cooperate with Winston.
October 1995 - Latest report entitled Test Results, Winston International Land-locked Floating House was distributed to US Senators and Representatives. This publication contained the AEA Report, Analysis and Comparison of WLFH and FEMA Systems, Correspondence with FEMA. PTL Summary Report, Reigle Act Conference Report Title V of the NFIP, and News Releases.
October 1995 - Several US Senators and Representatives, after reviewing test results, have directed FEMA to cooperate with Winston in the production of prototypes. Others are following suit.
October 1995 - Disastrous floods occurred in the Phillipine Islands.
November 1995 - Winston delivers test packages to 27 State Governors' Offices in Washington, DC.
November 1995 - Further floods cause extensive damage in Texas and California. Winston contacted by San Jose Mercury News for article re WLFH. Winston contacts TEXAS JOURNAL division of the WALL STREET JOURNAL.
November 16, 1995 - Texas Flood Plain Managers Association reviews WLFH Test Results, and offers encouragement to procede with Winston Prototype testing.
November 27, 1995 - Article on Floating House written in The Virginian Pilot.
November 28, 1995 - Worst flooding in over 20 years occurs in 19 rivers in Oregon and Washington with devastating results.
November 28, 1995 - Congresswoman Linda Smith (R) Washington, reviews flooding in Cowlitz County. Secretary of the Interior Babbitt also inspects floods and damage in the Pacific Northwest.
November 29, 1995 - Article appears in Wall Street Journal, Texas Edition.
December 1, 1995 - Winston delivers packages to Congresswoman Smith and Senator Hatfield (R) Oregon. Senator Hatfield is Chairman of the Federal Appropriations Committee.
December 4, 1995 - WFLH was featured on the 5:00 PM and 6:30 PM Editions of KOMO-TV NEWS, Seattle, WN ABC station.
December 10, 1995 - Architect for WLFH featured on VIEWPOINT, panel show on KOMO-TV Sunday NEWS, Seattle.
December 1995 - Letters of response and encouragement received from State Governors' Offices or representatives from Alabama, Alaska, Louisiana, Montana, Texas, Vermont, and Washington. This correspondence resulted from Winston packages sent to 27 governors delivered in the second week of this month.
December 15, 1995 - Winston receives copy of FEMA response to Senator Hank Brown letter, directing FEMA to cooperate with Winston. FEMA response stated: "FEMA is focusing its resources to ensure the timely implementation of the statutory aspects of the law. The Agency is striving to have final regulations promulgated in the Spring of 1996."
January 1996 - Ohio, Pennsylvania, Maryland, Kentucky, West Virginia, and Tennessee experienced the worst floods in decades. Melting snow, heavy rain, and ice break-ups caused thousands of homes to be evacuated. Many deaths reported. Ohio River expected to crest January 27, 1996.
January 25, 1996 - The Winston team writes a Memorandum addressed to FEMA Director Witt which forcefully states the shortcomings of FEMA's compliance with the Conference Language attached to Public Law #103-325 with computer-test results enclosed, and specifically declares FEMA's inadequacies in addressing the prototype requirements.
January 26, 1996 - Senator Patty Murray, Washington writes letter to FEMA Director Witt stating: "I gather that some at FEMA think it (WLFH) will not work. It was our intention that conclusions be the result of actual testing, not politically motivated speculation". and "Please send me --- the actual time-table for the testing of the Floating House, --- . A clear expression of FEMA's intention to positively and helpfully carry out the directives contained in the language of the Conference Report --- should also be sent to the state and local communities providing whatever waivers of local zoning might be necessary ---- ". Senator Murray enclosed a copy of the January 25th Winston Memorandum.
February 1996 - 30,000 people evacuated from their homes in Washington, Oregon, Idaho, and Montana. 14 Counties in Washington, and 17 Counties in Oregon declared by the President to be Disaster areas. In Lake Oswego, Oregon, about 250 homes ranging from $500,000 to more than $2,000,000 were flooded, as the Tualatin River crested and emptied into the lake.
February 12, 1996 - Senator Connie Mack, Florida writes letter to Director Witt demanding FEMA's reasons for not complying with the NFIP legislation [PL 103-325 ]requiring FEMA to accommodate construction of Floating House prototypes. Senator Mack enclosed a copy of the January 25th Winston Memorandum.
February 19, 1996 - Senator Hank Brown, Colorado, writes second letter urging FEMA to cooperate in the testing of the WLFH. Senator Brown enclosed a copy of the 1/25/96 Winston Memorandum. A total of 22 Senators have now written FEMA regarding their lack of adherence to PL 103-325.
March 12, 1996 - San Jose (California) Mercury News publishes article about the WLFH and FEMA's reticence to cooperate.
April, 1996 - Six major financial institutions have received funding packages from Winston for financing of both Prototype and Factory construction. All presentations received responses indicating the tremendous need for floodproofing technology. Most of the responses have included a caveate of concern about "going against a major Executive Agency (FEMA)."
May, 1996 - At the request of Senator Kit Bond-R, MO, Chairman of the Senate Appropriations Subcommittee for HUD, VA, & Independent Agencies, Winston wrote a Memorandum of 3 questions to be addressed to Director Witt demanding why FEMA has not responded to Senators, Representatives, and the Conference Language of Public Law #103-325.
May 24, 1996 - After receipt and careful review of the Winston Memorandum of questions, these questions were asked and recorded in the closing hearings of the Senate. FEMA was given 45 days to answer these questions and inform the Senate of their intent "to be accommodating to the testing of such [floodproofing] technology." Senator Bond's 3 questions to FEMA were: (1. "Is FEMA encouraging the development or implementation of this [WLFH] or other similar new [floodproofing] technology?, (2. "Are there existing FEMA policy priorities favoring flood mitigation practices such as relocation that preclude floodproofing activities such as the "floating house" concept?", and (3. "In PL 103-325, language is included that 'Conferees are further aware that new technology may provide feasible means of floodproofing residential structures in flood-prone areas. The Conferees expect FEMA to be accommodating to the testing of such technologies.' If FEMA is not encouraging the development or implementation of 'innovative technology,' is FEMA frustrating it, either by policy preferences or conflicting authorities?"
May, 1996 - Ron Campbell started book entitled "Goliath Transformed, an Autobiography of a Small Corporation."
June 27, 1996 - FEMA writes cover letter and a 15 page "Evaluation Report" to Senators who have demanded adherence to the NFIRA Conference Report. The letter and enclosed "Report" stated: The purpose of the (FEMA) report was "prepared in response to several inquiries from members of the United States Congress as to FEMA's intentions concerning the testing of the Winston Land-Locked Floating Home System. Congress, through the Conference Report of the National Flood Insurance Act of 1994, expressed a desire for FEMA to be receptive to the testing of new floodproofing technologies ... that are designed and constructed in accordance with NFIP regulations and policies". Also, the stated purpose "is to evaluate whether this technology is compatible with good floodplain management practices and whether FEMA should be accommodating to the testing of such technology." Nowhere in the NFIRA Conference Report language is there any statement that this technology be designed and constructed according to NFIP regulations and policies. The intent of the Act was to accommodate testing, and if the testing proved effective, the FEMA policies should be revised, and it did not direct FEMA to prepare a costly and uninformed "evaluation". The FEMA report went into repetitive detail giving unfounded conjectures about the WLFH. Virtually every statement made in the report was completely in error. The authors knew absolutely nothing of the Winston research, nor had they at any time made any effort to contact anyone connected with Winston technology for information. As a result of this unenlightened "evaluation", they refused to consider any kind of approval. FEMA refuses to vary their insistence on clinging to their outdated policies of "elevating and relocating" housing in the floodplains.
July 6, 1996 - Winston responds to the members of Congress who have written to FEMA on Winston's behalf. The response countered the incorrect statements about the "intent of Congress in the Conference Report" of PL 103-325 and the untruthful evaluations of the Winston technology, in which FEMA blatantly falsified information.
July 10, 1996 - Winston received a committment from Lloyd's of London to provide flood insurance coverage after the prototype has proven its worth. Lloyd's is an acceptable insurance source to the Primary and Secondary Mortgage Markets including Fannie Mae and Freddie Mac and the second largest provider of flood coverage next to the NFIP. This committment can open the door to major funding of WLFH prototypes and Winston production plants because it will replace the requirement for NFIP insurance coverage.
July 11, 1996 - Senator Mark Hatfield, the Chairman of the Appropriations Committee and several other influential members of the Senate wrote to Winston concerning "FEMA's so-called evaluation ... made without any significant input from Winston International." These Senators reassured Winston that there is a need for this new technology to provide levels of protection during flood situations. Their continued assistance to Winston was confirmed.
August, 1996 - Petitions signed by members of the Swinomish, Lummi, Samish, Snoqualmie, Skagit, and Nooksack Tribes were distributed to Washington State Congressional delegations to require: "FEMA to encourage and allow alternate floodproofing technology testing in designated flood zones, per US Public Law #103-325. If positive evidence is determined through these tests that alternate methods can perform equally or superior to FEMA's currently acceptable flood mitigating factors, FEMA will designate these alternate methods as acceptable and insurable factors. We herewith petition our legislators to allow us the opportunity to retain our properties without damage from future floods, reduce the costs to the federal budget by replacing our homes once rather than every year, and keeping our properties elegible for private or federal flood insurance by constructing low-risk waterproofing methods on said properties."
October, 1996 - FEMA responded to Senator Bond's 3 questions in the Congressional Hearing (See May 24, 1996 entry). FEMA's answers took the Conferee's requirements in PL 103-325 completely out of context where they claimed the Conferee's requirements called for "FEMA to be receptive to new technologies that are shown to be equivalent in effect to permanent elevation of a structure through the use of pilings or technologies permitted under current regulations and practices --." This statement was the basis of their inaccurate answers. The following is a direct quote from PL 103-325: "The Conferees expect FEMA to be accommodating to the testing of such technologies, so long as such testing is performed using uninhabitable structures that are dismantled after testing is complete. To the extent such technologies are shown to be equivalent in effect to permanent elevation of a structure through the use of pilings or technologies permitted under current regulations or practices, the Conferees expect FEMA to consider making flood insurance available for such structures under the same terms and conditions as if the structures were permanently elevated."
November, 1996 - "Goliath Transformed, An Autobiography of a Small Corporation" being written by Ron Campbell, Winston Director of Design & Development, documents progress by Winston (portrayed as David,) and pitfalls which have been created by FEMA (portrayed as Goliath.)
December, 1996 - "Damage estimates from the worst flooding in memory across the western United States reached more than $2 billion in California alone. Surging waters from rapid mountain snowmelt overwhelmed the state's strategic network of levies, swamping vast areas of farmland and residential areas." [Steve Newman, ©1996 Chronicle Features.]
January, 1997 - Washington, Oregon, Nevada, and Idaho were also inundated with record rain and snow storms. "The snowpack in Washington State was at a near-record 230 percent of normal on Jan. 1, 1997 and could pose the threat of flooding if there's a sudden warming trend, the US Natural Resource Conservation Service says" [Seattle Sunday Times, January 12, 1997.]
February 4, 1997 - Jack Kemp wrote a letter to Senator Wayne Allard (R), CO requesting him to act as a champion from Winston's home state to help resolve the issue with FEMA and their reticence to assist in the construction of WLFH prototypes.
February 25, 1997 - At Senator Allard's suggestion, Paul Winston and Bobby Burnett, VP of Coldwell Banker Van Schaack & Co. met with Mike Cileti, Senator Allard's assistant in charge of FEMA relations. The meeting was enthusiastically met by the Senator's staff. [Ed's note, Senator Allard's enthusiasm waned after a letter written by the USACE was distributed by FEMA to several members of Congress. See 5/20/97 entry.]
February 27, 1997 - Winston submitted "Comments to FEMA's Answers" impeaching virtually every statement FEMA made in their Answers. This will be distributed to interested Congressional personnel. (See May 1996 and October 1996 entries.)
March 3, 1997 - [Associated Press] Thousands of homes flooded in the Ohio and Tennessee River valleys this past weekend. Rain and high winds pounded Kentucky, Ohio, Tennessee, Texas, and Mississippi destroying homes and forcing hundreds of evacuations. --- Storms caused many deaths. In Kentucky, hundreds of people were trapped on roofs and in homes. --- 40,000 homes and businesses were flooded in Louisville and Jefferson Counties. --- The South Fork of the Licking River devastated the town of Falmouth where weather service hydrologist, Mike Callahan said, "It's off our charts ... you can't tell how high the Licking River is because the gauge is underwater."
March 7, 1997 - Sue Wiley, NBC Station WVLK, Ohio Radio Talk Show Hostess, interviewed Paul Winston and Robert Hundley of WI, as featured guests on her morning program. The entire program was devoted to the WLFH and FEMA's reluctance to be accommodating. Audience questions were called in and the majority were highly favorable to the WLFH. Two questioners appeared to take FEMA's position on this issue, and Mr. Winston and Mr. Hundley effectively countered their questions. Parts of this show were repeated on WLEX-TV, Lexington, KY.
March 11, 1997 - The following quote is an excerpt from PAUL HARVEY NEWS, nationwide news broadcast, 3/11/97: "Maybe this is not the time to mention Paul Winston's invention ... or maybe it is precisely the right time. He has designed a floodproof house. Looks like any ordinary house until the river overflows ... then the Winston house lifts itself up ... as high as necessary ... to stay dry. The house is built on telescoping piers, pilings and flotation chambers. It rides the rising waters like a catamaran. Then as the flood recedes, it settles back to earth. Even your car(s) in attached garage remains dry. The Winston Land-locked Floating House has enthusisastic support in Congress ... but one government agency is in contempt of Congress for refusing to give its approval. The Federal Emergency Management Agency. They don't like the idea because it wasn't theirs."
March 19, 1997 - Following the Ohio River floods, Memphis radio station WMCFM, invited Paul Winston to be a guest star on their hour-long prime-time morning news show. Paul was interviewed during a 15 minute sequence to describe the WLFH and rebuke the obstacles FEMA has directed at the Winston technology.
March, 1997 - The March issue of the Bob Vila's American Home magazine featured the WLFH with an enlightening description of the technology, complete with a colored picture of the house in full flotatation.
April 1, 1997 - The Washington Post, Capital Notebook, carried an excellent article about the WLFH. This was written by Guy Gugliotta, Staff Writer, and was seen on the Post Federal Page. Several disparaging and false statements made by Morrie Goldman, FEMA representative were quoted in the article. Winston rebutted these statements with a memo to Mr. Gugliotta.
April 1, 1997 - Winston received letter of intent to fund Winston HQ plant, Denver, and Prototype construction from Financial Consultants of America.
April 7, 1997 - Another article on the WLFH appeared in the Modesto Bee written by Michael Cabanatuan. Modesto is in the heart of the northern California floodplains. FEMA's Goldman was quoted with more libelous comments in this article as well. Winston rebutted.
April 12, 1997 - Paul Winston was interviewed on Newport Broadcasting radio station in Blytheville, Arkansas on a fifteen minute sequence. Blytheville is located in the Arkansas floodplains.
April 18, 1997 - Jonathan D. Morales, Undergraduate student, George Washington University, interviewed Cliff Oliver, in preparation of his thesis entitled FEMA: Justified by the Law?. In the course of his research, Mr. Morales thoroughly examined the conflict between FEMA and Winston and objectively reached his own conclusions.
April 27, 1997 - Winston wrote to President Clinton and Vice President Gore complimenting them on their visits to Grand Forks, ND and giving the flood victims hope. The letter asked the President and Vice President to "Instruct FEMA that it is time to take care of flood victims by making available all options for relief including new technologies like the WLFH."
April 28, 1997 - Mr. Morales completed his thesis, FEMA: Justified by the Law? He concluded with: "It is this researcher's opinion the administrative discretion employed by FEMA has not been used well. While clearly FEMA needs to rely on its own expertise, it is irresponsible in evaluating WI technology. --- Mr. Oliver still thinks WI is looking for government funding." Mr. Morales conclusions continue: "Therefore, it is my opinion that the Congressional hearing that Robert Hundley mentioned gets under way. --- I would have to agree with those on Capitol Hill that actual testing of the WLFH commence without further delay. --- If FEMA no longer has to worry about funding the project, it should accommodate the testing to prove its belief that the house is not feasible." Mr. Morales is the only individual who has investigated both sides of this question and has revealed impartial evidence. He has granted permission to WI to share his findings publicly.
May, 1997 - Further devastating floods hit North Dakota, Nebraska, and Canada. Town of Devil's Lake flooded from rising lake waters. See June 3, 1995 entry.
May 20, 1997 - Winston received a threatening one-page letter from the Office of Counsel, Department of the Army, Tulsa District, Corps of Engineers, which claimed, "The floating house concept has serious potential problems concerning design cost and public safety."
June 19, 1997 - Winston responded with a 4-page letter to the Corps Counsel stating, "We are confident that the source of your accusations is a representative of the Federal Emergency Management Agency, and we can substantially prove that this source is highly unreliable. In this vein, we strongly caution you against making such comments as 'The floating house concept has serious potential problems concerning design cost and public safety'." Also, "We have documentation that Clifford Oliver, a Senior Engineer of FEMA, was quoted in an interview as saying that 'testing on the Land-Locked Floating House cannot be performed due to several serious engineering, flood plain management, financial, and emergency management concerns.' This is close to what sounds like a paraphrased statement in your letter."
June 24, 1997 - Winston received a letter from FEMA stating: "This is in reply to your letter to President Clinton [dated April 27, 1997,] which has been forwarded to -- FEMA for response. FEMA has made every attempt to be responsive to your concerns.----" The letter parroted earlier FEMA statements such as: "if a new floodproofing technology is equivalent in effect to permanently elevating a building using fill, pilings or other technologies permitted under current NFIP regulations, FEMA will consider making provisions to allow the use of the technology under the NFIP", "the (evaluation) report identifies numerous significant engineering, floodplain management, emergency management, and economic issues [of the WLFH] that remain unresolved," and "the building must be permanently elevated above the flood elevation." This diatribe continues in spite of the 1994 NFIRA Conference Report language directing FEMA to be accommodating to testing of new technology, and if proven successful, revise existing policies.
July 1, 1997 - Winston's response to the above FEMA letter was written to President Clinton, with copies to FEMA and Sue Smith, Director of Agency Liaison, White House. In the Winston letter all of the fallacies and misstatements contained in FEMA's "evaluation" of the WLFH were carefully refuted with documentation. The inaccurate interpretations of the 1994 NFIRA Conference Report language were meticulously pointed out including Winston's statement: "The (NFIRA) Report further states that 'testing is to be performed using uninhabitable structures.' We are convinced of the impossibility of constructing a full-size uninhabitable structure on the desk of any FEMA 'evaluation' author."
July 23, 1997 - Winston received a reply from the White House stating Winston's letter of July 1, 1997 should have been directed to Sue Smith, Director of Agency Liaison (see entry dated 7/1/97).
July 29, 1997 - Associated Press reported that record-breaking rains brought severe flooding to Fort Collins, Colo. More than 8" of rain fell, causing water to pool up to 20 feet deep behind a railroad track bed. It quickly eroded the earthen embankment, and a wall of water rushed through two trailer parks. Trailers were knocked off their foundations and smashed together, their insides open. [The two parks had been moved by FEMA from designated floodplains to Fort Collins to protect them from future floods. Ninety trailers had been moved at a cost to the taxpayers of $9 million.] At least 40 persons were injured and 5 fatalities were confirmed.
August 8, 1997 - FEMA wrote a conciliatory letter to Winston in reply to Winston's 7/1/97 letter to the President. In the letter FEMA repeated, in spite of documented evidence to the contrary, "-- we continue to find that the floating home concept is not equal in effect to permanent elevation of structures to or above the Base Flood Elevation." FEMA did, however, state, "To resolve any misunderstanding, we again state we have no objection to testing under these stated conditions, [uninhabited and dismantled after testing is complete.]" Winston remains skeptical of this deceptive olive branch because of FEMA's previous threats of loss of flood insurance to communities allowing WLFH prototype construction.
August 11, 1997 - Closing papers were signed for full funding of the WLFH protoype and the new headquarters plant in Greeley, Colorado. Included in the financial package are First Rights of Refusal for financing all future Winston plants.
August 14, 1997 - C. Arch Decker, in his very new role as an attorney for WI, wrote in a letter to Paul Winston, "I've reviewed the several recent letters that have passed between FEMA, WI, The President, various Senators and members of the House of Representatives, and others. I have followed the astonishing reactions of FEMA personnel to the data provided by Winston, and the activity in support of Winston's technology for some years. Study of the data from laboratory testing unquestionably should cause a demand for complete testing of the Winston technology. You have thoroughly responded to the reservations expressed by FEMA. You've done so, not once, but repeatedly. It is more than distressing that a government agency has the will to do what FEMA has done in this situation. I urge you to move ahead with testing." Mr. Decker has served in many state and federal roles including the Colorado House of Representatives and Senate Majority Leader. He assisted in proposing and implementing the "Colorado Land Use Commission" and he was a member of the first Commission.
August 25, 1997 - In response to Winston's letter dated April 27, 1997, Vice President Al Gore wrote and signed an encouraging letter to Winston.
October 14, 1997 - Winston received a second letter from Vice President Gore's office, signed by Bob Stone. This letter noted that they "had contacted FEMA about your concerns. We have --- con- cluded that FEMA has made every attempt to be responsive to your concerns." The letter continued with FEMA's false statements and their incorrect "evaluation" of WLFH technology.
October 20, 1997 - FEMA distributed copies of the USACOE May 20, 1997 letter to several Congressional members including Senator Ben Nighthorse Campbell, CO. Winston received a letter from Senator Campbell dated 10/20/97 which parrotted earlier FEMA diatribe and referred to FEMA's "evaluation". Campbell suggested WI may wish to address these issues directly to FEMA!!
October 24, 1997 - Senator Campbell's letter was received with regrets, because he was one of the Senators who had given strong support to the original 1994 NFIRA Conference language. Senator Campbell's letter was positive proof of FEMA's brazen attempts to dissuade "Winston friendly" Congressional members.
October 28, 1997 - Winston responded to Senator Campbell and thanked the Senator for his support of the original Conferee's Language. Winston then apprised him, in full detail, of the many untruths and misconceptions FEMA had published in their "evaluation" and other false statements they had made to the press and government officials.
October 29, 1997 - Winston responded to Bob Stone at Vice President Gores's office with a letter similar to the 10/28/97 letter above to Senator Campbell. Winston's letter also made reference to Vice President Gore's letter of encouragement for the WLFH technology dated August 25, 1997.
November 5, 1997 - Winston received a copy of the following letter addressed to James Witt, Director of FEMA:
"Dear Mr. Witt:
I remain concerned about FEMA's interpretation of Congressional language directing the Agency to test new floodproof technology. It appears that FEMA has not met the mandates of Congress in their interpretation of the Conference Report of the National Flood Insurance Reform Act of 1994.
The Conference Report language began with the statement, "Conferees are further aware that new technology may provide feasible means of floodproofing residential structures in flood-prone areas." The technology referred to in this statement was familiar to the Conferees. It is the patented and successfully computer-tested Land-locked Floating House.
The CR language continues, "The Conferees expect FEMA to be accommodating to the testing of such technologies --- ." As justification for their rationale, FEMA spokespersons have consistently used the following statement in letters to my office and other Congressional offices, and Agencies: "the Conferees requirements called for FEMA to be receptive to testing new technologies that are shown to be equivalent in effect to permanent elevation of a structure through the use of pilings or technologies permitted under current regulations and practices."
The above statement is a distorted misinterpretation of the Conferees wording which states: "The Conferees expect FEMA to be accommodating to the testing of such technologies, so long as such testing is performed using uninhabitable structures that are dismantled after testing is complete. To the extent such technologies are shown to be equivalent in effect to permanent elevation of a structure through the use of pilings or technologies permitted under current regulations or practices, the Conferees expect FEMA to consider making flood insurance available for such structures under the same terms and conditions as if the structures were permanently elevated." FEMA personnel have used this misinterpretation of Conference language as the basis for their lack of accommodation. (Note: FEMA has completely eliminated the above under-lined words in its letters and press quotes.) A false interpretation of this nature completely alters the NFIRA requirements.
Further, the Conferees statement "To the extent such technologies are shown to be equivalent in effect to permanent elevation ---" leaves no doubt that the referenced floodproofing technology is the Land-locked Floating House.
Possibly, the most obtrusive attempt by FEMA to thwart the testing of full-scale prototypes, is found in FEMA's June 19, 1996 analysis entitled "EVALUATION OF THE --- LAND-LOCKED FLOATING HOME SYSTEM." Nowhere in the Conference Report does the wording suggest that FEMA write an "evaluation" of this technology. The Executive Summary, Page ii, of this document states: "To date, FEMA has not supported the concept of floating home floodproofing technologies because they do not meet the Congressional intent of the Conference Report of the NFIRA."
How can FEMA even suggest that they do not support the concept of floating house technologies "because they do not meet the Congressional intent of the Conference Report of the NFIRA?" In short, FEMA was not asked to support or reject this floodproofing system until evidence through actual testing of constructed prototypes could prove or disprove the technology is equivalent in effect to permanent elevation of a structure.
FEMA's "evaluation" refers to the CR language, "To the extent such technologies are shown to be equivalent in effect to permanent elevation of a structure through the use of pilings or technologies permitted under current regulations or practices, the Conferees expect FEMA to consider making flood insurance available for such structures under the same terms and conditions as if the structure were permanently elevated." The intent of the Conference Report was to test new technologies and, if proven, revise FEMA's outdated policies and practices. The Conferees expect FEMA to be accommodating to the testing of new floodproofing techniques by independent and objective testing agencies.
I understand this new floodproofing technology has been designed and tested to allow flooded homes to return to original ground levels between floods. It has been computer-tested to protect homes, lives, and possessions by:
Automatically going into flood mode when 1" of water surrounds the exterior of buildings,
Allowing homes and occupied garages to rise 5 feet above highest recorded flood levels,
Protecting homes from initial flood and all future floods.
Please explain the Agency's lack of adherence to this language and what must be done to insure FEMA takes the necessary steps to encourage the prototype testing of new floodproofing technology.
Sincerely,
Sig: Patty Murray
United States Senator"
The above letter was printed in its entirety. It is refreshing to know that among our elected officials, one has come forth with the strength of character to counter FEMA's deception. Senator Murray's office has informed Winston that the Senator will champion the WLFH cause. The Senator's staff will solicit other bi-partisan Congressional leaders to add their authority to correct FEMA's erroneous actions on this legislation.
UPDATE
March/April, 1998 - During the past several weeks, Robert Hundley has been working with several influential Senators and their staffs to discuss potential solutions to the FEMA impasse. These Senators and staff members have been given documented background for pending legislation to direct FEMA to adhere to the Conference language contained in Public Law 103-325.
1993 - March 1998 - Valiant attempts to introduce creative new technology, a powerful uninformed federal bureaucracy has thwarted Winston's progress. Winston International intends to make every effort to educate the public, flood victims, and elected officials of the improprieties of FEMA. FEMA has flagrantly thrust its own interpretation of federal law in the face of the elected officials who passed this law.
2000-2005 - Winston International, a small business concern, has expended countless hours and capital to perfect a product which will protect millions of flood victims, and save billions of taxpayer dollars.
Winston has received apologetic refusals for funding from qualified investors who were apprehensive of facing the displeasure of an unelected agency who will not accept progress.
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