C O U N C I L O F T H E D I S T R I C T O F C O L U M B I A C O M M I T T E E O F T H E W H O L E C O M M I T T E E R E P O R T 1350 Pennsylvania Avenue, NW, Washington, DC 20004 DRAFT

TO: All Councilmembers FROM: Chairman Phil Mendelson Committee of the Whole DATE: February 6, 2018 SUBJECT: Report on PR 22-653, “Historic Preservation Review Board Thomas G. Brokaw

Confirmation Resolution of 2017”

The Committee of the Whole, to which PR 22-653, the “Historic Preservation Review Board Thomas Brokaw Confirmation Resolution of 2017,” was referred, reports favorably thereon, with technical amendments, and recommends approval by the Council. C O N T E N T S

I. Background and Need ................................................................1 II. Legislative Chronology ..............................................................5 III. Position of The Executive ..........................................................6 IV. Comments of Advisory Neighborhood Commissions ...............6 V. Summary of Testimony..............................................................6 VI. Impact on Existing Law .............................................................6 VII. Fiscal Impact ..............................................................................7 VIII. Section-By-Section Analysis .....................................................7 IX. Committee Action ......................................................................7 X. Attachments ...............................................................................8

I . B A C K G R O U N D A N D N E E D

On December 1, 2017, PR 22-653, the “Historic Preservation Review Board Thomas G.

Brokaw Confirmation Approval Resolution of 2017” was introduced by Chairman Mendelson at the request of the Mayor. The purpose of PR 22-653 is to confirm the appointment of Thomas G. Brokaw as an architect member of the Historic Preservation Review Board (the “Board”) for a term to expire July 21, 2020, replacing Joseph Taylor. Mr. Brokaw is a Ward 4 resident.

Thomas Brokaw is an architect and project manager. He earned both his Bachelor of Science

in Architectural Studies and Master of Architecture from Florida A&M University. After earning his degrees, Mr. Brokaw moved to Orlando, Florida in 2006 and worked in the field of architecture, focusing on the design of healthcare facilities, schools, airports, and residential buildings. In 2008, Mr. Brokaw received his Leadership in Energy and Environmental Design (LEED) accreditation.

Mr. Brokaw moved to Washington, DC in 2010 and began working for the Department of

Homeland Security as a facilities portfolio manager for the New England Region. In this role, he

Committee of the Whole February 6, 2018 Report on PR 22-653 Page 2 of 8 translated the agency’s mission needs into floorplans and a scope of work to present to the General Service Administration (“GSA”) to procure design services and general contractors. Currently, Mr. Brokaw serves as the Unit Chief for the facilities located in the National Capitol Region where he manages roughly 1.2 million square feet of leased space and a team of architects, construction contractors, and project managers. Additionally, he has earned the Director’s award for creating the design guidelines for a new architype and for acting as the liaison between the architect and the agency for that particular effort. This experience has allowed Mr. Brokaw to apply complex design standards and to collaborate with others on largescale projects.

Further, Mr. Brokaw has demonstrated his commitment to public service. For four years, Mr.

Brokaw served as president of the DC Chapter of National Organization of Minority Architects (“NOMA”). As past president, he oversaw NOMA’s annual awards ceremonies that honor architects and community members, and award scholarships to students who are continuing their education in architecture. Mr. Brokaw currently serves as committee chair for the NOMA summer camp that exposes underprivileged youth to the profession of architecture. Additionally, Mr. Brokaw is active in his fraternity, Omega Psi Phi Fraternity, Inc. and regularly volunteers with his fraternity at the Good Hope Kitchen to feed the District’s homeless.

The Historic Preservation Review Board was created by the “Historic Landmark and Historic

District Protection Act of 1978” (District Act).1 This law includes a section declaring the purposes behind the legislation, which include: to protect and enhance landmarks and districts “which represent distinctive elements of the city’s cultural, social, economic, political, and architectural history,” to in turn “[s]afeguard the city’s historic, aesthetic and cultural heritage,” in order to foster civic pride in the history of the city, to enhance and perpetuate tourism, to bolster the economy, and to generally promote the use of the District’s landmarks and historic districts “for the education, pleasure, and welfare of the people” of the city.2

The Board is composed of nine members appointed by the Mayor after confirmation by the

Council.3 The District Act requires that the Board shall be constituted and its members qualified in order to comply with the requirements for a State Review Board pursuant to the National Historic Preservation Act of 1966 (federal Act) and federal regulations.4 The federal Act was enacted in 1966 as a response to the destruction of older buildings and neighborhoods following World War II and to preserve the history and heritage of the nation.5 With the federal law, a national framework was established that linked national with local historic preservation efforts, creating historic preservation offices in the states and the District, expanding the National Register of Historic Places to include state and local properties, and making preservation grants available to the states.6

1 See Bill 2-367; D.C. Law 2-144 (codified at D.C. Official Code § 6-1101 et seq. (2014)). 2 D.C. OFFICIAL CODE § 6-1101(a) (2016). 3 Id. § 6-1103(a). 4 Id. 5 Preserving America’s Historic Places, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, http://www.nps.gov/history/40th/ (last visited Mar. 28, 2016). 6 See TANYA EDWARDS BEAUCHAMP, FROM GERMANY TO AMERICA: HISTORIC PRESERVATION SOLUTIONS FOR ADOLF CLUSS BUILDINGS 1962-2005 2 (undated), available at: http://goo.gl/VqxS3s.

Committee of the Whole February 6, 2018 Report on PR 22-653 Page 3 of 8

Table 1: Membership of the Historic Preservation Review Board

Resolution # Position Appointee Term Expiring: Residency

PR 22-653 Architect Member Thomas G. Brokaw* July 21, 2020 Ward 4 PR 22-653 Historian Member Sandra Jowers-Barber July 21, 2020 Ward 4 R. 21-704 Public Member Outerbridge Horsey July 21, 2019 Ward 2 R. 21-668 Public Member Marnique Heath July 21, 2018 Ward 6 R. 21-584 Public Member Linda Greene July 21, 2019 Ward 8 R. 20-583 Architect Member Chris Landis July 21, 2019 Ward 4 R. 21-445 Archeologist Member Brian D. Crane July 21, 2017 Ward 2 R. 20-646 Architect Member Joseph Taylor* July 21, 2017 Ward 4 R. 21-555 Historian Member Andrew P. Aurbach July 21, 2018 Ward 3 R. 21-556 Architectural Historian Member Gretchen K. Pfaehler July 21, 2018 Ward 6

* Thomas Brokaw would replace Mr. Jospeh Taylor. The federal regulations for State Review Boards require that all Board members have

“demonstrated competence, interest, or knowledge in historic preservation.”7 Additionally, a majority of the members must meet the “Secretary of the Interior’s (Historic Preservation) Professional Qualification Standards.”8 The Secretary’s Standards specify professional qualifications for the disciplines of history, archeology, architectural history, architecture, and historic architecture. The members of the Board subject to the Standards must include, at a minimum, one individual meeting the Standards for history, one meeting the Standards for prehistoric archeology or historic archeology, and one meeting the Standards for architectural history.9 The remaining members of the Board subject to the Standards may represent any of the described disciplines.10 Thomas Brokaw is nominated for appointment as an architect member of the Board. As discussed in Table 2 below, there are a number of qualifications required for a Board member specializing in architecture. While Mr. Brokaw meets the architecture requirements as demonstrated by his professional degree in architecture and over two years of full-time experience in architecture, the Committee recognizes and acknowledges that Mr. Brokaw lacks experience with historic preservation. However, at his January 16, 2018 confirmation hearing, Mr. Brokaw expressed his willingness to take the time to understand the Historic Preservation Act, its regulations, and the regulations that govern the Board. Notably, although Mr. Brokaw’s architectural background does not include historic preservation, he is versed in interpreting and understanding design standards and guidelines.

D.C. Law 21-144 specifies that all appointments to the Board: “…shall be made with a view toward having its membership represent to the greatest practicable extent the composition of the adult population of the District of Columbia with regard to race, sex, geographic distribution and other demographic characteristics.”11 Each member serves a term of three years, and terms are staggered so

7 36 C.F.R. § 61.4(f)(1) (2016). 8 Id. 9 Id. (The regulations state that one person may meet the standards for more than one required discipline. Id.). 10 Id. 11 D.C. OFFICIAL CODE § 6-1103(b) (2014).

Committee of the Whole February 6, 2018 Report on PR 22-653 Page 4 of 8 that one-third of the appointments expire each year.12 Mr. Thomas Brokaw’s nomination by the Mayor for appointment is for a term to end July 21, 2020.

The duties of the Board include:

Advising the Mayor on whether proposed demolitions, alterations, subdivisions, and new

construction affecting historic properties in the District are compatible with the Historic Landmark and Historic District Protection Act of 1978 (D.C. Law 2-144; D.C. Official Code § 6-1101 et seq.);

Designating and maintaining a current inventory of historic landmarks and historic

districts;

Performing the functions and duties of a State Review Board pursuant to D.C. Law 2-144 and the National Historic Preservation Act (16 U.S.C. 470 et seq.);

Acting on referrals from the Foreign Missions Board of Zoning Adjustment relating to the

demolition, alteration, or new construction of foreign missions, chanceries, and international organizations located in historic districts or that are historic landmarks, pursuant to the Foreign Missions Act (22 U.S.C. § 4306); and

Other functions and duties relating to the “protection, preservation, enhancement and perpetuation of the historic, architectural, cultural and aesthetic heritage” of the District as assigned by the Mayor.13

Table 2: Secretary of the Interior’s Professional Standards for Historic Preservation14

Discipline Professional Qualifications

History

Graduate degree in history or closely-related field; or Bachelor’s degree in history or closely-related field, plus one of the following:

1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historic organization or agency, museum, or other professional institution; or

2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history.

Archeology

Graduate degree in archeology, anthropology, or closely-related field, plus: 1. At least one year of full-time professional experience or equivalent specialized training in

archeological research, administration, or management; 2. At least four months of supervised field and analytic experience in general North American

archeology, and 3. Demonstrated ability to carry research to completion.

For prehistoric archeology, must also have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period.

12 Id. 13 Id. § 6-1103(c); D.C. MUN. REGS. title 10C, § 106 (2004). 14 Archeology and Historic Preservation: Secretary of the Interior’s Standards and Guidelines [As Amended and Annotated], NATIONAL PARK SERVICE, http://goo.gl/qDMbmn (last visited Mar. 28, 2016).

Committee of the Whole February 6, 2018 Report on PR 22-653 Page 5 of 8

For historic archeology, must also have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period.

Architectural History

Graduate degree in architectural history, art history, historic preservation, or closely-related field, with coursework in American architectural history, or

Bachelor’s degree in architectural history, art history, historic preservation or closely-related field, plus one of the following: 1. At least two years of full-time experience in research, writing, or teaching in American

architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or

2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history.

Architecture Professional degree in architecture plus:

1. At least two years of full-time experience in architecture; or 2. A state license to practice architecture.

Historic Architecture

Professional degree in architecture, or state license to practice architecture, plus one of the following: 1. At least one year of graduate study in architectural preservation, American architectural

history, preservation planning, or closely- related field; or 2. At least one year of full-time professional experience on historic preservation projects.

Graduate study or experience must include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects.

Mr. Brokaw possess over a decade of experience as an architect and project manager that has

given him the skills to assess design standards and interpret guidelines. Although he has presented before the HPRB once, Mr. Brokaw’s lacks experience specifically in historic preservation. However, his willingness the learn the rules and regulations that govern the HPRB and his expressed dedication to preserving the District’s culture through public spaces gives the Committee reassurance in moving forward with his nomination, as a vacancy currently exists on the Board. Thus, the Committee recommends the confirmation of Thomas Brokaw’s nomination for appointment as an architect member of the Historic Preservation Review Board.

I I . L E G I S L A T I V E C H R O N O L O G Y December 1, 2017 PR 22-653, “Historic Preservation Review Board Thomas Brokaw

Confirmation Resolution of 2017” is introduced by Chairman Mendelson at the request of the Mayor.

December 5, 2017 PR 22-653 is officially “read” at the legislative meeting; on this date the referral of the proposed resolution to the Committee of the Whole is official and the 90-day period for Council review begins. If the measure is not acted upon by the Council before March 14, 2018, PR 22-653 will be deemed disapproved.

December 8, 2017 Notice of Intent to Act on PR 22-653 is published in the District of Columbia Register.

December 29, 2017 Notice of a public hearing on PR 22-653 is published in the Register.

January 12, 2018 Revised notice of a public hearing on PR 22-653 is published in the Register.

Committee of the Whole February 6, 2018 Report on PR 22-653 Page 6 of 8 January 16, 2018 The Committee of the Whole holds a public hearing on PR 22-653.

February 6, 2018 The Committee of the Whole marks-up PR 22-653.

I I I . P O S I T I O N O F T H E E X E C U T I V E Thomas Brokaw is the Mayor’s nominee for one of nine positions appointed by the Mayor to

the Historic Preservation Review Board.

I V . C O M M E N T S O F A D V I S O R Y N E I G H B O R H O O D C O M M I S S I O N S The Committee received no testimony or comments from any Advisory Neighborhood Commission on PR 22-653.

V . S U M M A R Y O F T E S T I M O N Y

The Committee of the Whole held a public roundtable on PR 22-653 on Tuesday, January 16, 2018. The testimony summarized below is from that roundtable. Copies of the written testimony are attached to this report.

Rebecca Miller, DC Preservation League (“DCPL”), testified on behalf of Thomas Brokaw’s nomination with no objection. Ms. Miller summarized DCPL’s meeting with Mr. Brokaw prior to the hearing and appreciated that while Mr. Brokaw acknowledges that he has limited experience with historic preservation in the District, he is willing to learn. Ms. Miller also stated “that DCPL found him to be thoughtful in answering our questions about compatibility of design and process.”

Thomas Brokaw, Nominee, testified and answered questions regarding his background and

experience as it pertains to the HPRB, and his interest in serving on the Board. Mr. Brokaw summarized his background as an architect and project manager, stating that this experience gives him “the perspective to understand multiple viewpoints with regard to the development of the area.” He also stated his commitment to learning HPRB’s rules and standards and adhering to them, even in difficult cases. Mr. Brokaw expressed his desire to maintain the District’s various cultures through preservation “as they enhance the community and character of the buildings that make up physical space.”

The Committee received no testimony or comments in opposition to PR 22-653.

V I . I M P A C T O N E X I S T I N G L A W Nine positions exist on the Historic Preservation Review Board that require Council

confirmation. Pursuant to D.C. Official Code § 6-1103(a), the Board shall be constituted and its members qualified in order to meet the requirements for a State Review Board under regulations issued pursuant to the National Historic Preservation Act of 1966. These regulations require all Review Board

Committee of the Whole February 6, 2018 Report on PR 22-653 Page 7 of 8 members to have “demonstrated competence, interest, or knowledge in historic preservation,” and that a majority of Board members meet the Secretary of the Interior’s Professional Qualification Standards for Historic Preservation.15 That majority must specifically include at a minimum, one individual meeting the Secretary’s Standards for history, one meeting the Standards for archeology, and one meeting the Standards for architectural history.16 One member may meet the Standards for more than one of the required disciplines, and the other members required to meet the Standards may represent any of the described disciplines.17 Thus, five members of the Board must meet the Standards as described above, while the other four members are not so required. As an architect member, Mr. Brokaw is required to meet the Secretary’s standards for professional qualifications, which he does (as discussed earlier in this report). However, while Mr. Brokaw does not meet the standard of having a demonstrated competence, interest, and knowledge in historic preservation at this time, the Committee finds his commitment and willingness to learn HPRB procedural and substantive matters sufficient to fulfil this requirement.

V I I . F I S C A L I M P A C T PR 22-653 will have no fiscal impact on the District of Columbia budget or financial plan.

Pursuant to D.C. Official Code § 1-611.08(c)(2)(h), Historic Preservation Review Board members are compensated for their services at a rate of $25 per hour, with a cap of $3,000 per board member per year.18 The compensation for members of the Board is included as part of the annual budget for the Office of Planning.

V I I I . S E C T I O N - B Y - S E C T I O N A N A L Y S I S

Section 1 States the short title of PR 22-653.

Section 2 Confirms the appointment of Thomas Brokaw as an architect member of the Historic Preservation Review Board for a term to expire July 21, 2020.

Section 3 Requires that a copy of the resolution, upon adoption, be transmitted to the

nominee and to the Office of the Mayor. Section 4 Provides that PR 22-653 shall take effect immediately.

I X . C O M M I T T E E A C T I O N

15 36 C.F.R. 61.4(f)(1) (2016). 16 Id. 17 Id. 18 In the case when the Chairperson of the Board a public member, that member receives an addition compensation of 20% above the annual $3,000 cap. See D.C. OFFICIAL CODE § 1-611.08.

Committee of the Whole February 6, 2018 Report on PR 22-653 Page 8 of 8

X . A T T A C H M E N T S

1. PR 22-653 as introduced

2. Nominee’s response to Committee questions

3. Written testimony and letters in support of nominee

4. Legal sufficiency determination

5. Committee Print for PR 22-653

COUNCIL OF THE DISTRICT OF COLUMBIA 1350 Pennsylvania Avenue, N.W.

Washington D.C. 20004

Memorandum

To : Members of the Council

From : Nyasha Smith, Secretary to the Council

Date : December 04, 2017

Subject : Referral of Proposed Legislation

Notice is given that the attached proposed legislation was introduced in the Officeof the Secretary on Friday, December 1, 2017. Copies are available in Room 10, theLegislative Services Division.

TITLE: "Historic Preservation Review Board Thomas G. Brokaw ConfirmationResolution of 2017", PR22-0653

INTRODUCED BY: Chairman Mendelson at the request of the Mayor

The Chairman is referring this legislation to the Committee of the Whole. Thisresolution will be deemed disapproved on Wednesday, March 14, 2018 withoutCouncil action.

Attachment

cc: General Counsel Budget Director Legislative Services

Phil Mendelson Chairman

COUNCIL OF THE DISTRICT OF COLUMBIA

1350 PENNSYLVANIA AVENUE, N.W.

WASHINGTON, D.C. 20004

Office: (202) 724-8032

Fax: (202) 724-8085

January 3, 2018

Mr. Thomas G. Brokaw

5405 7th Street NW Unit #102

Washington, DC 20011

Dear Mr. Brokaw:

Congratulations on being nominated for appointment as an architect member to the District of

Columbia Historic preservation Review Board ("HPRB"). As you know, the appointment is subject to confirmation by the Council. The Committee of the Whole has scheduled a public hearing on your nomination for Tuesday, January 16, 2018 at 10:30 a.m. in Hearing Room 412. Enclosed is a copy of the hearing notice. It is standard for the Council to submit questions to nominees. I request your response to the following questions no later than close of business Friday, January 12, 2018.

l. Please provide a copy of the Financial Disclosure Statement you filed with the Office of Campaign

Finance or the Board of Ethics and Government Accountability. If you have not filed a Financial Disclosure Statement, please provide answers to questions 2-8 in lieu of that statement. Please

see below for answers to questions 2-8.

2. Please provide the name of each business entity transacting any business with the District Government in which you have a beneficial interest valued in excess of $5,000, including publicly traded stock. None.

3. Please provide the name of each business entity transacting any business (including consulting)

with the District Government from which you or your immediate family have received (or are receiving) income for services rendered in excess of $1,000 during the past two years. None.

4. Please provide the name of each business entity transacting business with the District Government

in which you or any member of your immediate family serves as an officer, director, partner, or

agent. Also list the position(s) held, a brief description of the entity, and any other pertinent details.

None.

5. Please provide the name of any lender and the amount of liability for each outstanding liability borrowed by you or any member of your immediate family in excess of $5,000. Do not include loans from a federal or state insured or regulated financial institution, or from any business enterprise regularly engaged in the business of providing revolving credit or installment accounts.

None.

6. Please list the location of all real property located in the District of Columbia in which you have an

interest with a fair market value in excess of $5,000. 5405 7th Street NW, Unit 102, Washington,

DC 20011.

7. Please list all professional and occupational licenses held by you. LEED AP BD+C.

8. Please list any professional organizations of which you are currently a member. National Organization of

Minority Architects.

Thomas G. Brokaw, HPRB Nominee January 3, 2018

Page 2 of2

9. Please list all boards and commissions connected with the District government on which you are

or have been a member, and include the term of service for each. None.

10. Please list any other boards (e.g. Boards of Directors of a non-profit) on which you are a member.

National Organization of Minority Architects, Omega Psi Phi Fraternity Inc., Florida A&M

University Alumni Association.

11. Do you have any outstanding liability for taxes, fees, or other payments to the District, federal, or

other state or local governments, either contested or uncontested? If so, please provide

documentation of attempts to pay the amount owed or to resolve the disputed claim. I do not.

12. Do you or any member of your immediate family have any interest, financial or otherwise, that

may directly or indirectly pose a conflict of interest for you in performance of your duties as a

member of the HPRB? We do not.

13. Please describe any local political activity (i.e. the District of Columbia local elections or

campaigns) that you have engaged in over the past five years, including campaign contributions to a local candidate or political action committee. I have not been a part of any.

14. Are you registered with any local, state, or federal government to lobby? If so, list the

jurisdiction(s) in which you are registered. I am not.

15. Why have you agreed to serve for a three-year term? How do you plan to help the HPRB fulfill its

role and mission during your time on the HPRB over the next three years? I have agreed to serve

for the three-year term because I have a passion for architecture and city planning. The

HPRB plays a large role in the buildings that will make up the architectural fabric of

Washington, DC. As the architect member, I will work with the committee and other

preservation entities to make sure that the recommendations that the HPRB provides are

fair and based in fact.

16. Please discuss any past and present experiences not already mentioned that you believe are relevant

to support your appointment as a member of the Board. My master’s thesis was done on a

historic neighborhood in Orlando, Florida, and through that experience I worked closely with the city and historic boards. Studying the neighborhood, I came up with design guidelines to help preserve the character and feel of the neighborhood. I have also worked on different sides of the built environment which allows me to appreciate the different perspectives between the owner, the architect, the agency, and the user. It is with my diverse experience that I plan to objectively review all submissions that come before the HPRB.

At the January 16th hearing, you will be asked to make an opening statement indicating your interest

in serving as an architect member of the HPRB. The testimony of persons interested in supporting your nomination is helpful but not necessary. Interested parties may call the Committee office to register to testify (202-724-8196) or, alternatively, may submit written comments to the Committee regarding your nomination via letter mail or e-mail (COW@dccouncil.us).

If you have any questions please do not hesitate to call me or Sydney Hawthorne on my staff at

(202) 724-7130.

Sincerely,

Chairman

enc.

PM/sh

COMMITTEE PRINT DRAFT 1 Committee of the Whole 2 February 6, 2018 3

4 5 6 7

A PROPOSED RESOLUTION 8 9 10

22-653 11 12 13

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14 15

__________ 16 17 18 To confirm the appointment of Thomas G. Brokaw to the Historic Preservation Review Board. 19 20 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21

resolution may be cited as the “Historic Preservation Review Board Thomas G. Brokaw 22

Resolution of 2017”. 23

Sec. 2. The Council of the District of Columbia confirms the appointment of: 24 25

Mr. Thomas G. Brokaw 26 5405 7th Street NW Unit #102 27

Washington, D.C. 20011 28 (Ward 4) 29

30 as an architect member of the Historic Preservation Review Board, established by Mayor’s Order 31

83-119, issued May 6, 1983 (30 DCR 3031) pursuant to section 4 of the Historic Landmark and 32

Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law 2-144; D.C. Official 33

Code § 6-1103), replacing Joseph Taylor, for a term to end July 21, 2020. 34

Sec. 3. The Council of the District of Columbia shall transmit a copy of this resolution, 35

upon its adoption, to the nominee and to the Office of the Mayor. 36

Sec. 4. This resolution shall take effect immediately. 37