Republican

Candidate name: Mark D. Fennel

Place of residence: Silver Spring

Date of birth: Oct. 20, 1965

Place of birth: Bethesda

Current occupation: Director of membership, Citizens Against Government Waste

Education: n⁄a

Community associations, involvement: Church activities

Professional associations: n⁄a

Family: wife, Estela Magdalena Fennel

Campaign office address and telephone: 14104 Weeping Willow Drive, Silver Spring, MD 20606, 301-460-5320

Web site: www.markdfennel.com

Link to state Board of Elections campaign finance database

To root out waste, mismanagement and inefficiency in the local government, reduce taxes and provide planning and development reform.

How would you rate the performance of the current council: excellent, good, fair or poor? Why?

Understandably poor, a natural byproduct of a monopoly on power held by a single party, be it the Republicans or the Democrats. Indeed, infrastructure has lagged behind development resulting in gridlock and portable classrooms for our children, we have no affordable housing, and the tax burden has increased 37.16%; however, the population has increased a scant 5%. In addition, we've consistently seen unrestrained and unsustainable spending outstripping any semblance of a common sense formula based on inflation and population growth; that is, for FY07 the budget increased 11.5% but the rate of inflation was only 3%. Moreover, in the first quarter of 2006 we've seen a 12% spike in the overall crime rate and Montgomery County has been victimized by the Clarksburg and Seven Locks Elementary School Scandals. Clearly, a healthy exchange between opposing political ideologies is necessary for there to be sound, honest and efficient government.

Is the rate of growth in Montgomery County too fast, too slow or just right?

Too fast; that is, growth has clearly outpaced infrastructure. We have approximately 760 portable classrooms and among the nation's worst traffic congestion. Indeed, we need to ‘‘put the brakes” on growth and allow infrastructure to ‘‘catch up.” Tragically, much of this excessive growth can clearly be traced to the excessive influence developers have exerted in Montgomery County policymaking. As just a few examples, Montgomery County's Public Facilities Ordinance, which is part of the subdivision regulations, Section 50-35 (K) of the County Code, is clearly inadequate and has failed to match infrastructure with development; indeed, it has virtually been done away with. They've dismantled the Annual Growth Policy, which is now only reviewed every two years, as opposed to every year. For years growth policy relied on ‘‘staging ceilings” to regulate growth and direct it to areas that it could be accommodated. Tragically, we no longer have ‘‘staging ceilings.” In the FY07 Work Program, a new Mixed Use floating zone has been proposed which could lead to a greater disconnect between development and the level of infrastructure, and there are Zoning Text Amendments which can change codes retroactively after violations have occurred, with no public participation. In addition, we have had developer attorneys write opinions for the Planning Board. Clearly, policies are disjointed and the casualties are our neighborhoods and quality of life.

Who should have more control over the planning process, the council or the executive and why?

The council's responsibilities are dictated by state law, and the County Charter. Some of which include approving sector plans, master plans and general plans, as well as acting on zoning changes. Currently, the council has more control over the planning process; however, the County Executive has the duty to ‘‘step in” in extenuating circumstances. For example, the County Executive included multi-million dollar post-Clarksburg reforms in the FY07 budget as a result of the Clarksburg scandal. Based on the extensive committee work, hearings and citizen input involved in the planning process, the control should stay with a council held responsible to their constituents whom they serve. That being said, if developers exert too much control over the planning process, and sitting council members are inept in providing basic oversight of development, the voters have a high moral duty to elect a new council, and as an added insurance policy against corruption, should insist upon term-limits. I have made a campaign pledge, ‘‘to limit my own tenure in office to no more than two terms.”

What should have been done to avoid the development problems that happened in Clarksburg?

I have made a campaign pledge ‘‘not to take one penny in campaign contributions from any developer.” In fact, I have returned a large developer-related campaign donation that arrived in my mailbox unexpectedly. One thing we can all agree on, is that the root cause of the Clarksburg scandal is a lax climate based on the undue influence developers have exerted in Montgomery County policymaking for years. According to a November 8, 2005 report from the Office of Legislative Oversight, mismanagement, sloppy record-keeping and ambiguous laws caused the problems that happened in Clarksburg. The council's oversight of the Planning Board was completely inadequate. Indeed, the annual budget review and meetings with the Board, should have, but did not reveal mismanagement problems. To have avoided the problems, the council should have communicated precise expectations for the regulatory process, and translated them into regulations and laws. In addition, sharpened it's oversight of the Board during the annual budget review and semiannual meetings. The climate was so lax, that the council was informed as early as August 2004 about the issues, but did not act until the Clarksburg Civic Association went to the press nearly a year later. The Clarksburg Scandal is a taxpayer issue. Indeed, $7.8 Million in taxpayer dollars, including $5.7 Million in post-Clarksburg corrections, a $1,179,700 supplemental appropriation to the Planning Board, $900,000 in reserve funds the department tapped into, up to $67,366 of the cost of mediation, and potentially a portion of the nearly $500,000 requested by the Clarksburg Town Center Advisory Committee have been plucked from the pockets of honest, hardworking Montgomery County taxpayers.

What's your plan to provide more affordable housing in Montgomery County?

Sound economic theory tells us the free marketplace is perfectly capable of providing affordable housing to all the residents of Montgomery County, of every income level, as long as builders are not hindered by land use and zoning restrictions; that is, by increasing the supply of land and letting the forces of the free marketplace work properly accompanied with broad-based funding for infrastructure. Looking at current programs, the Clarksburg Scandal helped to reveal that Montgomery County's Moderately Priced Dwelling Unit Program (MPDU) is a complete failure. Following the scandal, the Department of Housing and Community Affairs (DHCA) stated they have been ‘‘victims of complacency” which is of course rooted in excessive developer influence. Hardest hit by a lack of affordable housing are seniors living on fixed incomes, racial minorities and folks who earn below-medium incomes. Run by DHCA, the MPDU program is supposed to require that 12.5% of all housing units be set aside for low to middle-income buyers; however, that level has not been met. To improve the program, we need to stop the practice of ‘‘buy outs,” whereby developers cut special deals to make one-time payments to the Housing Initiative Fund (HIF) in lieu of building MPDU units. Distressingly, there appears to be little consistency in the dollar amount associated with ‘‘buy out” payments; indeed, it's a ‘‘willy-nilly” methodology. The consequence; a decrease in the number of MPDUs in the county. Because existing housing is more affordable than new housing, we need to increase monitoring of the HIF to help retain the county's existing housing stock. In addition, we should examine the purchasing of vacant⁄or abandoned housing units for rehabilitation and sale, found in existing affordable neighborhoods. Moreover, we need comprehensive code enforcement in existing neighborhoods. We need to stop the practice of replacing smaller homes with mansions, through the enforcement of Chapter 59 of the zoning ordinance. Part of the affordable housing equation is the property tax issue. I have made a campaign pledge, ‘‘to support Montgomery County's Charter Amendment that limits the county to collecting property taxes equal to the previous year's total plus inflation and the value of new construction.” Tragically, for three years in a row the council surpassed the Charter Amendment, the crushing burden of which is reflected in property taxes today. For those who rent, the increases are passed on in higher rents. We need to require the vote of nine, not seven, council members to override the Charter Amendment, as well as lower the property tax assessment cap from the current 10%, to 5%. In the comparable jurisdiction of Prince George's County the assessment cap is 3%, and it's only 2% in Anne Arundel County.

Do you think the county is doing enough to meet the needs of its growing diverse population? If not, what do you think the county needs to do?

Montgomery County has an array of programs and service to meet the needs of its growing diverse population, some provided through partnerships with the non-profit sector. My main concern, is that some recent arrivals to Montgomery County may be preyed upon by unscrupulous members of our society. Indeed, historically across America this has been the case with every wave of immigrants. One way to combat this, would be to place a greater emphasis on weaving lessons on consumer rights and civics into existing budgets for English for Speakers of Other Languages (ESOL) programs to help protect immigrants from abuses of their civil rights. Recently, the council allocated additional funds to eliminate ESOL waiting lists. Obviously, lacking proficiency in English serves as an impediment to upward mobility, and hinders the progress of immigrant's children through the Montgomery County Public School system which can lead to greater societal problems. However, my understanding of ESOL waiting lists, is that they move rapidly given a high rate of attrition and in part caused by the desire of some prospective students to attend class at more convenient locations. Consequently, I would take an extremely close look at waiting list statistics prior to determining whether or not it's necessary to allocate additional taxpayer dollars to this noble cause. In addition, it's critical to work in the community with the families of children who speak other languages and enroll them in classes as well, so kids can practice their newly acquired skills at home. The dilemma, is that if you speak English at home, at work, when conducting business, and the government accommodates your needs, the accompanying lack of English proficiency creates a ‘‘glass ceiling” disenfranchising some from all the benefits our great society has to offer.

Do you support Montgomery County's day laborer centers?

Yes. The function of the local government is to provide cost effective services to residents, strengthen our civil society and prevent the isolation of a segment of our population. Local governments are pragmatic, and should not be in the business of enforcing federal immigration laws. By facilitating employment, day laborer centers help to stabilize neighborhoods thus reduce crime. In addition, they help to control traffic, and issues related to loitering including drinking and urinating in pubic. However, Montgomery County should make the case to the federal government for strong enforcement of immigration laws. Although small businesses like the inexpensive labor, the benefits of which are passed on to some consumers, illegal immigrants, out of fear of seeking help, are prone to becoming victims of human rights abuses and have no strong recourse if injured on the job. Henceforth, it's immoral to allow their entry. In addition, there is a strong and convincing argument that ‘‘cash under the table” workers who don't pay taxes while utilizing public services, ultimately represent a waste of taxpayer dollars, even when balanced against the benefits of commercial exchanges.

What programs would you add to the budget, and how would you pay for them?

I'm supportive of the SERT and SERT Green Schools programs to promote efficient and responsible energy use in all Montgomery County Schools. Indeed, these programs are saving taxpayer dollars by making buildings more energy efficient, which in turn could reduce Montgomery County Public School's annual budget.

Are there any programs, taxes or fees that should be cut? What would you do with the money from the savings?

We need to establish a Commission on Fiscal Waste and Duplication to examine each and every Montgomery County Government program. Similar to Governor Arnold Schwarzenegger's (R-CA) California Performance Review, Governor Mark Sanford's (R-SC) Wingate Commission or Virginia's Joint Legislative Audit and Review Commission. A Commission would remove all political considerations out of the equation, by bringing in a group of business leaders to look in, from outside the box, and to make brutally honest, objective analyses on how to streamline Montgomery County Government without bias, without prejudice, and without fear of political reprisals. The savings of which, should be returned to honest, hardworking taxpayers. We need to reduce the ‘‘piggy back” income tax from 60% to 50%, its pre-1994 level while reducing the property tax assessment cap from 10% to 5%. In comparable jurisdictions of Prince George's and Anne Arundel counties, the rates are 3% and 2% respectively. What's shocking, is that we've seen dramatic increases in our energy taxes which were supposed to sunset this year, but are not. Energy taxes are calculated as a percentage of your Pepco bill, which is skyrocketing. What we're witnessing, is ‘‘election-year spin” followed by ‘‘shift and shaft.” The ‘‘spin,” is local leaders trying convince voters they're providing property tax relief when for most county residents your property taxes will increase, and the ‘‘shift and shaft,” is making up for a lack of dramatic increases in property taxes, by nearly quadrupling your utility taxes. An even greater benefit to the county book-keepers because property taxes are extremely expensive to collect.

Does council have too much, not enough or the right amount of oversight of the school system?

The Montgomery County Council has the authority to provide proper oversight of the school system; however, they have been negligent in their duties. As responsible stewards of the local treasury, the Montgomery County Council has a high moral duty to meticulously scrutinize MCPS's budget. Indeed, the spending of each and every dime should be questioned. I commend the council for hiring an additional staff member for the Office of Legislative Oversight to examine MCPS's budget; however, that action constitutes a ‘‘drop in the bucket.” Following the Seven Locks Elementary School Scandal, we should further increase funding of the Office of Legislative Oversight. In addition, we should increase funding of the Office of the Inspector General to ferret out more instances of government waste in the school system. The question is not how much money we're spending, but how the resources are being allocated. Repeatedly rubber stamping MCPS's budget, without appropriate oversight, is doing absolutely nothing to help educate our children and grandchildren. Indeed, we have failed to narrow the achievement gap, and our middle schools continue to struggle to meet improvement goals on state tests in basic reading and math. What rubber stamping has given us is a 30% increase in over inflation, per pupil spending between 1997 and 2005; total amount, $1.2 Billion. From FY04 - FY07 we've added an incredible 1.56 employees for each additional student, and multiple studies are indicating construction costs for schools are running a whopping 40% to 47% higher than estimates.

Do you think the current system for renovating schools is adequate, or does it need changing?

I feel it's adequate. However, in the Capital Improvement Program, it's critical funding for the renovating of schools is not pushed back to latter years. In FY07, the County Executive submitted a budget which delayed some projects. The council had to forward fund some projects through bonds. The council is not the school board; however, if renovations are fully funded, one would expect that renovations are completed on time with reasonable cost overruns, which again relates to the budget oversight issue. In addition, we need to embark on a more aggressive lobbying campaign to ensure that Montgomery County gets our fair share of state funding; indeed, Montgomery County receives less than 40% of every dollar we send to Annapolis. We would have a lot more credibility in Annapolis when lobbying if we cleaned up the culture of corruption which permeates county politics and made fiscally responsible decisions. Indeed, that would serve as a basis for any effective lobbying campaign to receive a higher proportion of the State funding requested annually for high priority items like school construction⁄modernization.

What is the No. 1 public safety concern for Montgomery County? What would you do about it?

In February of 2004, the multi-million dollar Joint County Gang Prevention Task Force was created followed by a Montgomery County Gang Prevention Task Force; however, we've seen a spike in gang activity. We need to demand jail time for those who commit gang related crimes, and should model our efforts on Boston's ‘‘Operation Ceasefire” which with no additional laws or police officers clamped down at every available opportunity by pulling appropriate levers and cooperating with multiple law enforcement agencies. The model entails working with probation officers and schools to provide an immediate and intense response. To suppress gangs which are part of international criminal organizations operating across porous borders, we need to coordinate with the FBI's National Gang Intelligence Center and reach out to the Department of Homeland Security. ‘‘Operation Community Shield,” put in place in February, 2005 by U.S. Immigration and Customs has had an enormous success in arresting gang members on criminal and immigration violations. In terms of prevention, I would look at private sector solutions like supporting The Boys and Girls Clubs, which have a proven track record of success. In addition, examine a multisystemic therapy approach, which empirical evidence has shown has had tremendous success through examining relationships between gang members, their family, peers and school prior to intervention. Most gang prevention programs fail; indeed, increased self-esteem is not necessarily a measure of success. One needs to took at rates of recidivism, and to analyze the success of gang prevention programs takes long-term studies.

Do you support an east-west Metro link, and where should it go?

I support an Inner Purple Line, with a keen eye to its impact on property owners based on the spirit of my campaign pledge to ‘‘protect homeowners from 'eminent domain' abuse brought forth by the Supreme Court's ruling in Kelo v. City of New London.” Indeed, it will have to be a combination of both above and below-ground rail lines that preserves green space. It's critical we take the time to study all options, including the below-ground ‘‘cut-and-cover” plan supported by U.S. Rep. Christopher Van Hollen (D-Dist. 8). The Inner Purple Line is a regional project that will take county, state and federal funding. Optimistically, work could begin in 2010. However, while the project is being studied, within two years, Montgomery County could put in place a reversible trolley linking the Metro between Silver Spring and Bethesda, and follow with enhancements. In 1988, Montgomery County purchased the Georgetown Branch right-of-way with public tax dollars.

Do you support the Montgomery Cares program, and are adequate audit controls in place for accountability?

Montgomery Cares is a partnership with the government, hospitals, churches and non-profits to provide health care via health centers and clinics. The goal of the Montgomery Cares program is apparently to provide near universal health care coverage for Montgomery County residents. In FY07, $10 million in funding was allocated for Montgomery Cares, doubling the amount that's currently spent. Once fully implemented, the program will cost approximately $20 million per year. My political ideology places a great faith in the individual and private sector solutions and is skeptical toward big-government programs. Montgomery Cares, as envisioned, appears to be a social experiment on the already strained backs of Montgomery County taxpayers. Currently, we have excessive taxes to support unsustainable spending; consequently, it's not feasible or realistic to expect Montgomery County's coffers to support universal health care from the pockets of our residents. Instead, policy makers need to change today's bureaucracy driven, third-party payment, heavily regulated system into a patient-centered system of free-market competition and consumer choice. I don't advocate eliminating the Montgomery Cares program; however, it should be designed for the truly poor, and needy. Given the long-standing history of waste and duplicate payments in the Medicare and Medicaid Programs, Montgomery Cares is ripe for waste, fraud and abuse of taxpayer dollars; consequently, will need stringent audit controls, which will again cost additional taxpayer dollars. As the program stands, those audit controls need to be provided.

What should be the county's role in mental health?

Montgomery County Executive, Doug Duncan, performed a great service to the community by providing mental health awareness when he dropped out of the Governor's race with stated depression. It's critical Americans understand that mental health is essential to overall health, and the county should focus our efforts on increasing education and awareness. Early mental health screening, assessment and referral to services should be common practice. In addition, the county should emphasize technology to access mental health care and information. We should have enough community care facilities, so patients are not bottlenecked in hospitals impeding their progress to full recovery. County mental health functions should be turned over to the non-profit sector as much as is conceivably possible. The National Alliance on Mental Health and the National Mental Health Association provide invaluable services in the county. Ultimately, mental health care should be consumer and family-driven.