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July 16, 2003

Experts Agree

Dear Experts:

The best job title I ever had was for a brief consulting job with the US Department of Education. The title: “expert.” The pay may not have been much, and the job came with no authority, but that title was perfect. I'll bet that even the Secretary of Education had to envy it; he may have been the boss of the whole department, but he was no expert. Imagine my delight in having actually conned a federal agency into believing that I really knew something about something, my pride in becoming, at least temporarily, not a self-appointed know-it-all but an officially appointed know-it-all. The Wall Street Journal's “Best of the Web Today” page (http://www.opinionjournal.com/best/) occasionally runs a “what would we do without experts?” newspaper headline in which experts are depicted as saying something glaringly obvious, on the model of, “Low Temperatures Will Make for Cold Winter, Experts Agree.” But experts don't just state the glaringly obvious. They also make glaringly obvious mistakes.

One of the social policies most strongly advocated by experts over the past half century has been housing various groups of institutionalized people in community based residential facilities. Were the large mental hospitals run by state and local governments snake pits, as Olivia de Havilland discovered? The experts' solution was to close them, to place the most severely mentally ill in small facilities based in neighborhoods, and to throw the rest into the streets with minimal supervision or help. If the government can't maintain one or two large institutions well, then it should certainly be able to regulate, maintain, and inspect dozens of smaller, decentralized institutions better, shouldn't it? And experts advocated the same policy of barely regulated, loosely run community based facilities for adult and juvenile criminals. The beauty of being an expert is that theory trumps actual experience, so that experts could easily dismiss the relatives of the mentally ill who complained that the small institutions were even worse than the old mental hospitals. And experts could just as easily denigrate as NIMBY whiners those residents who lived near adult and juvenile criminal halfway houses and who complained that these nearly unsupervised facilities were devastatingly bad for their neighborhoods.

A couple years ago, the Washington Post ran a devastating series of articles on this city's disgraceful community based residential facilities for the mentally retarded. This week, it ran an equally devastating series of articles on our equally disgraceful community based residential facilities for juvenile criminals. The result will probably be the same -- some minor cosmetic changes as the bureaucracy waits out the brief period of public attention, after which everything will return to normal. Because the policy itself can't and won't be changed. Despite its disastrous results, the policy is right, experts agree.

Gary Imhoff
themail@dcwatch.com

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A Wolf in (Basic) Sheep’s Clothing Still Bites
Rob Fleming, rflemin@mindspring.com

I suspect that the Williams Administration has once again subverted the will of the Council when it comes to implementing legislation. The Basic Business License (BBL) may have exempted baby-sitters, lawyers, and writers, but it adds another layer of regulation onto small businesses, just like the Master Business License. It is also unevenly applied.

Supposedly the new criterion for a BBL, as opposed to the proposed Master Business License, is that any business that is already licensed and inspected would be changed over to the BBL. I have two rental apartments in my townhouse and I have never seen an inspector. The only inspector I ever saw was before I had apartments (over twenty years ago) who came to the door, did not ring or knock, and left a note saying that he was unable to gain entry for an inspection and to please call for an appointment, then left. When I called and explained that the house was no longer an apartment building, I was told to forget the whole thing. Now I see on the web site that all apartment houses, no matter how small (even English Basements) have to file for a BBL. Also, according to the MBL web site “Rental Housing — Single Family Dwellings” do not require a BBL, but “Single Family Dwellings — Rental” do. DCRA couldn't organize a two-car funeral, but they could sure impose a licensing fee on it.

If the intent is to “streamline” the licensing process, perhaps it would be more appropriate to grandfather the existing licensees and business operations and only impose the BBL for renewals and new applications. I think the real intent of the MBL, scaled down only a little in the BBL, is to provide busy work for DC bureaucrats and additional tax revenue to buy more plasma TVs and award more contracts to the procurement officers' friends and benefactors. I trust that this was not the intent of the Council, but that is how it has ended up.

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Junked Cars or, How I Learned to Stop Complaining and Love DPW
Mark Eckenwiler, themale@ingot.org

On December 17, 2001, I called the Citywide Call Center to complain about a junked vehicle sitting in public space on Capitol Hill (service request #224508, white Ford Cobra). Since then, I have had almost innumerable contacts with the Abandoned Auto unit in DPW, which has responded in a variety of unhelpful ways. A frequent excuse has been "we can't access vehicles on private property" (doubly wrong: the law applies to junked cars on private property, and in any event the car I've complained about is in a corner-lot side yard that is unquestionably public space, as confirmed by the official real property plats). When I took my complaint up last year to a supervisor (Cynthia Jones), she rudely brushed me off with, “We'll get to it whenever we get to it,” more or less.

After waiting for more than a year and a half — and with the junked car still sitting on public property at this moment — I harbor an uncharitable suspicion that the vehicle in question isn't the only thing that has been abandoned.

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Speaking of Not Having a Voice
Ed Johnson, edward@wdcnet.net

It's not just the lack of representation in Congress that stifles the voice of DC residents, we are often gagged by our very own appointed DC boards, and a variety of Federal agencies that have oversight of District projects. Recently, our Zoning Commission rolled over and granted developers carte blanche, overriding the objections of ANC 6D and numerous residents, to turn Waterside Mall into a massive office complex with reduced retail, no guarantee of continuing grocery service, and plunging near Southwest into a more than twenty year construction project with no substantive public benefits. How our appointed zoning commissioners could buy that a 100 by 200 sq. ft. plaza “suitably paved . . . for public use and enjoyment” is adequate to replace the public park that will be bulldozed into a road to serve the commuting office workers in the extra one million square feet of 110 foot towers boggles the mind. Having to listen to the ANC must have been so burdensome they couldn’t face any more public comment, so they also denied party status to the Tiber Island Cooperative across the street. Hundreds of residents within two hundred feet of the mall, who will lose their views and have massive towers to look at instead, had a whopping three minutes to testify, thanks to that decision.

And in case that wasn’t enough, the chairman of the National Capitol Planning Commission, John V. Cogbill, III, a real estate and land use attorney who lives and works in Richmond, VA, effectively blocked the opportunity for public comment on the Waterside Mall PUD at their “public hearing” by a nifty procedural move that required more advance notice to testify than a regular action item. NCPC is quick to point out they didn't violate any of their rules (and no one has accused them of doing it) but that's a deceptive answer. Nothing in their rules requires them to move agenda items around to different categories a week before a hearing, and nothing in their rules prevented them from moving this one back. It was at the presidential appointed chairman's sole discretion to decide whether or not the public and the ANC could testify, and he chose an action that blocked it.

As an ANC Commissioner, I am well aware of the limitations of “great weight,” but nonetheless, I feel we've abdicated way too much responsibility to appointed boards instead of elected officials or government employees with reasonable accountability to the residents of DC, and we should object as strenuously as we can when they default on their responsibilities. The ANC sent the two mayoral appointees on the NCPC a copy of our letter to Mr. Cogbill protesting the disenfranchisement of local residents (along with copies to Councilmember Ambrose, as well as Chairperson Cropp and Mayor Williams who are both ex officio NCPC board members) and I know that when it comes time for confirmation hearings for NCPC and Zoning Commission appointments, I’ll be there to put in my two cents worth. I know this isn't the most glamorous path to real home rule, but if all I can do is inform and object, it's what I'll do.

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Trash Our City and “Save the Environment”
Phil Carney, philandscoop@yahoo.com

Year after year, an environmental group persistently puts up brightly colored 11" by 17" posters in District public space. They trash our city with posters that advertise in part: “SUMMER JOBS, To Save the Environment.” The phone number on the posters is for the Washington DC office of Public Interest Research Group (PIRG). The posters list a web site that reads, in part, “Campaign to Save the Environment is a project of the Fund for Public Interest Research, a national, nonprofit organization. We run campaigns with progressive groups like Greenpeace, Sierra Club, and the state PIRGs to make an impact on environmental and public interest issues.”

If you know anyone connected with the above environmental groups, will you please ask them to stop trashing our city? I just finished two days of volunteer work with the city. I am disgusted into exhaustion. For the umpteenth time I am reminded that no one lives in our city because of the District government. We all live here despite the District government.

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The Mayor and Education
Steve O’Sullivan, sos@metaswitch.com

A few years ago, the make-up of the School Board was changed, on the grounds that the Mayor would be able to appoint a better caliber of member than the citizens of the city were able to elect. The Mayor was entrusted with leading education policy for the city. It is clear that he has failed at that. The Mayor has come out and said that the school system is failing, and that vouchers are the solution. This despite the fact that he is responsible for appointing four of the nine School Board members, precisely in order to give him huge sway over how the school system is run.

In choosing the newly appointed school board members, his sole criterion was not how well they would exercise oversight of the school system. Instead he chose members who would provide him with political cover for his voucher proposal. It is a disgrace that he would choose the members that way, putting his political self-interest over good governance. When my family had some issues last year with our son's school, we contacted our elected member, and all the appointed members. Only our elected member (Tommy Wells) took the time to get back in touch with us. That's the odd thing about elected members — they pay attention to what the people who elect them say. I am sure that keen readers could provide plenty of other example. Given all this, it's time to change the School Board back to being an entirely elected body.

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Snake
Ed T. Barron, edtb@aoldotcom

If you haven't figured it out by now, let me alert you that Tom Davis, the VA rep to Congress, is no friend of the District. He is a real snake in the grass and has always been so with regard to the fortunes of DC. Don't get sucked in by that publicity ploy of representation by adding a Dem from DC to be balanced out by a Republican from Utah. That's (to quote Davis) laughable. And his characterization of a lawsuit by DC to allow the District to establish a commuter tax, as laughable and a violation of the Constitution, merely turns on the light in his closet hatred of DC The snake Davis doesn't really care if the District has a pit to hiss in.

As far as the lawsuit is concerned, I think it is a compelling idea whose time has come. Not that common sense is any part of the system of law, but it's time to push the envelope and take this challenge all the way to the Supreme Court. Hey, if the Supreme Court says gays can get married then there is hope that they'll allow DC to pay its own way through taxation of those who benefit from its services.

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Bar None
P. Chittams, pchittams@yahoo.com

Finally deciding to jump on the bandwagon, my husband called our mortgage company, Chase Manhattan Mortgage, to see if they would refinance our mortgage to a lower rate. They said sure, so we did the paperwork dance, we sent them some, they sent us some, all is well with the world. Appraisal finished, the loan officer contacted my husband and told him that the closing would be this Friday. Whew, that taken care of, but wait . . . today came a catch. What's the catch, you ask. The mortgage can't go through. Why, you ask. Because we have bars on our windows. Yes, bars. As a matter of fact, the loan officer from Chase Manhattan Mortgage said that they could deny a loan for any reason they chose as long as the policy was nationwide.

Has anyone ever heard of anything so arbitrary, so burdensome? Has anyone else tried to refinance and faced a similar redline tactic? Because we all know that homes situated in urban areas have a higher propensity to have bars than homes situated in suburban areas. Remove the bars, we were told, and the loan will go through.

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Reed Electric Is Closing
Bob Levine, rilevine@cpcug.org

I heard last night that Reed Electric is closing within a month. It's a small store that’s been open almost fifty years. It sells lighting supplies on Wisconsin Avenue at Q Street. The original owner passed away and his daughter can’t pass up the money. I live around the corner from Reed ,and the workers in it are my friends. Now they have no jobs and now I have no place to buy light bulbs, plugs, fixtures, or other practical electrical things. It's not surprising that a practical store is forced out of Georgetown; we lost our hardware store about a decade ago, maybe more, and I need to get into a car to go to the Safeway to buy groceries since Neams Market became Marvelous Market and stopped selling milk and eggs. This used to be a neighborhood where you could walk to buy the necessities of life and walk home. Now I can walk to the Gap and buy a designer T shirt. I won’t be able to walk around the corner and visit with friends that say hi to me when they see me and are there to sell me practical stuff to keep my house running, but I’ll have a Starbucks in my neighborhood. I’ll really miss Reed Electric and I’ll miss my friends even more.

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The Most Pugnacious Part of the Plan
Mark David Richards, Dupont East, mark@bisconti.com

Although details about the new seat of government were not the most important issue at hand when the states debated whether to support our current Constitution, a number of states disagreed or were uncomfortable with and attacked the idea of giving Congress exclusive legislative authority over the federal district. In The Creation of Washington, DC (1991) historian Kenneth Bowling explains that Antifederalist leaders, including George Clinton of New York, George Mason of Virginia, and Mercy Warren of Massachusetts attacked the idea and used it as an example of their concern about granting such exaggerated plenary powers approaching those of a monarchy to Congress. Samuel Osgood, a member of the Board of Treasury, said, “It has cost me many a sleepless night to find out the most obnoxious part of the proposed plan, and I have finally fixed upon the exclusive legislation in the Ten Miles Square. What an inexhaustible fountain of corruption are we opening?” (Bowling, p. 81). Osgood proposed voting representation for the District as a solution (Bowling, 1991: 81). Alexander Hamilton was also concerned and argued for an amendment to allow DC residents to remain part of the state from which the land was ceded until their population reached a large enough number when "provision shall be made by Congress for having a District Representation in the Body" (Bowling, 86).

That is history, and now we know more about the residual effects of allowing Congress to retain "the same amount of" exclusive legislative authority in all cases whatsoever over the entire 570,000 permanent residents of the District of Columbia in 2003. Tonight I have been reading Title II — General Provisions of the 2004 Appropriations by Congress of DC's local budget. Here is the process: after the Mayor reviews with the entire Executive Department, and the Council agrees to a bill after sixty or so hearings, the Mayor sends DC's agreed-upon budget to the President. (DC is demonstrating a good track record on balancing its budget these days — better than most states.) The President makes a request to Congress, based on the submission. The House Appropriations subcommittee and committee make their own modifications and send it to the full House for approval. The Senate does the same; the two houses reconcile their differences in committee, and send the bill to the President for signature. Yesterday, the Committee on Appropriations marked up DC's FY2004 appropriations bill. Go to this link for highlights by the committee: http://www.house.gov/appropriations/news/108_1/04dcfull.htm. The amount of information they currently provide is very limited. Tonight I scanned the laws that the House added to DC's local budget, provided to me by a DC elected official. There are thirty-four riders — mandates, commands, and prohibitions — something to invoke outrage in every DC resident. There is one rider that the Committee did not highlight in its summary which I find pugnacious. Sec. 107(a) Except as provided in subsection (b), no part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. (b) The District of Columbia may use local funds provided in this Act to carry out lobbying activities on any matter other than — (1) the promotion or support of any boycott; or (2) statehood for the District of Columbia or voting representation in Congress for the District of Columbia. (c) Nothing in this section may be construed to prohibit any elected official from advocating with respect to any of the issues referred to in subsection (b). What an outrage! The Senate Appropriations Committee will mark up its bill on Thursday, July 18 at 10 a.m., Dirksen 106. Congress should immediately remove this pugnacious muzzle law and DC citizens need to let them know as much. Congress is your ultimate legislature folks, so take your families on a field trip and pay your prized Congressional leaders a visit today.

Here is information about the DC Budgetary Autonomy bill which is an improvement because it would grant DC more autonomy than now so DC doesn't lose money or get a lower bond rating due to Congressional delays, but Congress would still retain power to add riders and overturn laws: http://reform.house.gov/GovReform/News/DocumentSingle.aspx?DocumentID=672.

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Voting Rights of Americans
Rick Dykema, Rick.Dykema@mail.house.gov

Tim Cooper makes an extremely good case that the Lieberman/Norton bill (granting two senators and a representative to a non-state entity) is completely unconstitutional. He also makes a very good case that the Tom Davis approach will not be imposed by judicial fiat, with no need for congressional action. But none of the precedents he cites supports the proposition that Congress has no authority to restore some of the Maryland citizenship rights of DC residents that it took away in 1801. Rights that Congress has taken away by statute can be restored by statute. Article I, Section 8 of the Constitution did not and does not require Congress to take away the state citizenship rights of residents of areas ceded by a state to the United States, as is shown by the fact that Congress has not done so in the case of any other area ceded to the US under the "exclusive legislation" clause.

As Tim Cooper's analysis amply points out, there is no clearer wording in the Constitution than that US Senators and Representatives must come from states. That's why any attempt to restore federal voting rights of DC residents by statute must do so through Maryland, and not through DC as a separate, non-state entity. And don't be so quick to call the Davis approach “1/3.” Since no bill has been introduced yet, it may well be that you've only heard about the one third of the Davis proposal that has leaked out so far. Two and a half months ago, long before Mark Plotkin reported the first leak about the “Davis approach” on WTOP, the Committee for the Capital City (CCC) presented to Davis's committee staff a “three thirds” approach providing for full federal voting representation (House, Senate, and Presidential electors) through Maryland. If the final Davis proposal includes the other two thirds of federal voting rights, as proposed by the CCC, it will be the vehicle for full and equal federal voting rights — i.e. a total federal voting rights victory for DC residents!

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WASA: The Context Is Rip-Off
Wendy Blair, wblair@npr.org

I am grateful to Mark Eckenwiler, themale@ingot.org, for his pertinent comments about WASA PR flack Libby Lawson's ecstatic crowing over WASA's recent “only 2.5 percent” rate increase starting October. Context is indeed everything: WASA's rates have been skyrocketing for three years. “Par for the course for all East coast water utilities,” is WASA's smug mantra. With each new monthly bill WASA is in my face as never before. Pages of purple prose extol how clean and safe the water, how caring the WASA staff. PR and color printing — all at my expense.

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In Response to “Going, Going, Gone, Part 2”
Marti Knisley, marti.knisley@dc.gov

The reforms I set in motion at the Department of Mental Health two years ago continue to be realized despite several weeks recovering from major surgery. I am back to work and leading the transformation of the District's public mental health system in a very “hands-on” manner. I would like to thank the DMH staff, especially Cheryl Edwards, my chief of staff, for keeping everything on track during my absence.

We have accomplished much in these past two years, but there remains a great deal more to achieve; and I look forward to guiding the Department as we focus on the hard issues we must address.

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Intangible Benefits
Harold E. Foster, Harold.Foster@ppd.mncppc.org

It appears that Mr. Townsend and I are never going to agree about this. As an African-American, third generation resident of the city, I get extremely offended at these “they all got nice 'frigerators” arguments — (to quote Strom Thurmond's wondering comments about why “we” were rioting after Dr. King was shot) — that justify what even Tom Davis now admits is something that “no one can really justify with a straight face.” Now, while Davis was referring only to our Congressional disenfranchisement, I — probably not surprisingly — take his argument writ large to cover the inequitable fiscal (structural) relationship between the City and both the Federal Government and also Maryland and Virginia, as well as the overall colonial political, governmental, and juridical relationship between the more than 600,000 people who live here and those in the Congressional Colonial Office who control us but don't live here. To me, anyway, it really is as simple as that. And I, for one, found the GAO Report to be nothing more or less than pretty straightforward cold statistical verification (note I did not say "justification") of what, at bottom, is simply an inequitable fiscal relationship between DC on the one hand and the Federal government and states of Maryland and Virginia on the other.

In fact, out here within the jurisdiction of MNCPPC, property owners pay a separate assessment dedicated to the cost of operating both the planning and parks/recreation "pieces" of this Commission. So, if you really want to go down that road, then let's talk about an assessment of, say, all residents of the Census Bureau's official DC SMSA to cover the costs to the City of providing additional police, fire, infrastructure maintenance and expansion and general public health and welfare services to the more than one million people working in those buildings Mr. Townsend mentions.

Or, better yet, let's talk about a variation on one of Ms Norton's ideas and have all US citizens assessed for the costs of maintaining these wonderful Federal institutions and facilities we have here, such as Rock Creek Park, the Zoo, Smithsonian, and so on. There is in fact precedent for that, because both Alaska and Hawaii had such an allocation from the Federal government for eight and six years, respectively, after they became states, to ease the transition of this wonderful Federal dole that you seem to think is adequate recompense for political, electoral and fiscal emasculation. The most appropriate analogy is those destitute plantation owners not understanding for the life of them why my “grand-cestors” wanted to leave the cozy world of the plantation for the horrible uncertainties of being on their own to make their own mistakes.

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Fuel-Efficient Cars
Connie Ridgway, kaniru at aol dot com

John Whiteside asked about tax breaks for hybrid cars. Phil Mendelson introduced, and the Council passed, legislation to give tax breaks for fuel efficient cars with new fuels such as natural-gas powered vehicles, to be introduced into the market. The hybrid cars, although still running on petroleum, at least are much more efficient in their consumption. Maybe if you contact Phil the hybrid cars could be added to the existing law.

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CLASSIFIEDS — EVENTS

DC HazWork Kickoff, July 17
Jacque Patterson, jpatterson@dchealth.com

The District of Columbia Brownfields Program will have the kickoff of its Brownfields Job Training and Development Program, titled “DC HazWork” on Thursday, July 17, 10:00 a.m.-12:00 p.m. at the Department of Health, located at 825 North Capitol Street, NE, 4th Floor, Conference Room 4187. The goal of DC HazWork is to develop a comprehensive training program that trains DC residents currently living in communities impacted by brownfields in hazardous material handling, in order to improve their community and their long-term employment prospect. If you'd like to attend this event, please contact Jacque Patterson, Project Coordinator, at either 442-8984 or jpatterson@dchealth.com.

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Evening at Australia Embassy, July 24
Michael Karlan, events@dcyoungpro.com

On Thursday, July 24, the DC Society of Young Professionals is hosting an Evening at the Embassy of Australia, located at 1601 Massachusetts Avenue, NW, in Dupont Circle. Over 300 guests will be present. Confirmed guests include the Australian Ambassador Michael Thawley, the Australian Minister of Trade (similar to our Secretary of State) Mark Vaile, and the Captain of the Australian rugby team (the Australian Capital Territory Brumbies) David Nucifora. This walk-around-style event features a complimentary Australian buffet, an open bar of Australian wine and beer, Australian music, film, art, complimentary giveaways for all attendees, a diplomatic greeting, and the chance to mix and mingle with DC's and Australia's professional community. This event costs $60 through this Friday, July 18. For more details about this event, or to learn about all the DCSYP events, please visit http://www.dcyoungpro.com, E-mail events@dcyoungpro.com, or call 686-6085.

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Capital City Public Charter School Community Block Party, August 9
Sue Bell, bellsue@aol.com

Capital City Public Charter School will run a community block party on Saturday, August 9, from 11 a.m. to 2 p.m. (rain date Sunday, August 10), at the Columbia Heights Community Marketplace, southwest corner of 14th and Irving Streets, NW, next to the Metro station. Free activities for kids, moon bounce, music and entertainment, and food vendors.

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CLASSIFIEDS — FOR SALE

Refrigerator
John Hughes, jah at radix dot net

KitchenAid Superba side-by-side refrigerator/freezer, 25.1 cu. ft., two years old, great condition. Stainless steel finish, crisper/vegetable drawer/deli locker, quick-freeze shelf, water/ice dispenser. $2000 new, yours for $800. E-mail jah at radix dot net.

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CLASSIFIEDS — FREE

Boxes
Elka Booth, Elkabooth@aol.com

Could you use some sturdy “Crate and Barrel” boxes complete with packing materials for moving or mailing stuff? We have many we would love to see reused rather than trashed — medium, large and very large.

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CLASSIFIEDS — SERVICES

Hybrids by the Hour
John Gibson, joshgibson@alumni.ksg.harvard.edu

Admittedly this does not directly respond to John Whiteside's message, but I will point out that Flexcar (http://www.flexcar.com; full disclosure: my employer) members can use 2003 Honda Civic hybrids by the hour. You pay just $25 for a lifetime Flexcar membership ($15 if you use the special code below), then $8 an hour (which includes gas, insurance, and parking) to use the cars. Fully twenty percent of our 55 vehicle fleet is made up of hybrids, which are located in Dupont Circle, Farragut North, Mount Pleasant, Greenbelt, West Hyattsville, Silver Spring, Court House, King Street, West Falls Church, and at the Washington Cathedral. Other vehicles include normal Civics, Ford Ranger pickups, and Honda Element SUVs.

The hybrids are great cars — not just as good as normal Civics, but better in every way (acceleration, steering, braking, even the stereo). Ten of our hybrids are eight months old, two are fifteen months old, and all are doing quite well from a maintenance perspective. The only caveat: the hybrids have smaller-than-average batteries, so they're slightly more prone than usual to get dead batteries if interior lights or headlights are accidentally left on. John, what better way to test-drive a well-loved but frequently driven hybrid than to join Flexcar? (E-mail me and I'll let you know which of our two hybrids are the oldest.) If any of you use the promo code “D-15-AIRQUALITY” when you sign up online at http://www.flexcar.com, you will save $10 off of our normal $25 lifetime membership fee.

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