<<

NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT ______

In re the Matter of

Application of Horseshoe Solar Energy LLC for a CASE 18-F-0633 Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of Horseshoe Solar Farm, a 180 MW Solar Electric Generating Facility Located in the Town of Caledonia, Livingston County and the Town of Rush, Monroe County. ______

Residents United to Save our Hometown (RUSH)’s Request for Application-stage Intervenor Funds

Exhibit 3

Cultural Resources Panel’s Qualifications, Retainer Letters and Budget

GEORGE R. HAMELL 31 River Burch Lane Webster, 14580 (585) 953-5847 [email protected]

EXPERIENCE

2008 – PRESENT COLLECTION MANAGER, ROCK FOUNDATION SENECA ARCHAEOLOGICAL COLLECTIONS, ROCHESTER MUSEUM AND SCIENCE CENTER

1962 – PRESENT MEMBER OF THE LEWIS H. MORGAN CHAPTER, NEW YORK STATE ARCHAEOLOGICAL ASSOCIATION

1980 – 2007 AMERICAN INDIAN SPECIALIST, SENIOR HISTORIAN, NEW YORK STATE MUSEUM

1974 – 1980 CURATOR OF ANTHROPOLOGY, ROCHESTER MUSEUM AND SCIENCE CENTER

1964 – 1974 CONTRACT ARCHAEOLOGIST, LANDMARK SOCIETY OF WESTERN NEW YORK

1964 – 1974 CONTRACT ARCHAEOLOGIST, GENESEE COUNTRY MUSEUM

1964 – 1974 VOLUNTEER AND PAID ARCHAEOLOGICAL FIELD ASSISTANT, ROCHESTER MUSEUM AND SCIENCE CENTER

1964 – 1969 IMPERATIVE NATURALIST, MENDON PONDS PARK NATURE CENTER, MONROE COUNTY PARKS DEPARTMENT

EDUCATION

1980-1987 ABD DOCTORAL PROGRAM NORTHEASTERN , UNIVERSITY AT ALBANY, STATE UNIVERSITY OF NEW YORK

1974 B.A. IN ANTHROPOLOGY AND AMERICAN , ST. JOHN FISHER COLLEGE

1972 ASSOCIATES DEGREE IN ANTHROPOLOGY AND AMERICAN HISTORY, MONROE COMMUNITY COLLEGE

PUBLICATIONS

HAMELL, GEORGE R., WAMPUM BELTS AS DRAGONS OF DISCORD, 2015

HAMELL, GEORGE R., SNAPPING TURTLE PICTOGRAPHS AND TATTOOS: ALGONQUIAN AND , 1666-1724, 2014

HAMELL, GEORGE R., LORD OF THE MANOR, 2012

HAMELL, GEORGE R., WAMPUM FACTS FROM THE OTHER SIDE OF THE FIRE, 2011

HAMELL, GEORGE R. AND HAMELL, GRIFFIN D., CHICKADEES, DOGS, AND DRY BONES – SOULS AND SCALPS IN SENECA ORAL TRADITION, EASTERN WOODLAND INDIAN HISTORY CONFERENCE, 2011

HAMELL, GEORGE R., THE DUKE ON HORSEBACK, 2010

HAMELL, GEORGE R., HUMAN – ANIMAL TRANSFORMATIONS, 2010

HAMELL, GEORGE R., FIRE DRAGONS, ECLIPSES, AND DARK TIMES: THE FIRE DRAGON OF THE PURE WHITE BODY IN IROQUOIS CULTURE HISTORY, 2009

2 HAMELL, GEORGE R., ABLER, THOMAS S. AND EINHORN, ARTHUR, GUY JOHNSON, BENJAMIN WEST, AND COHOES FALLS: ISSUES OF (MIS)IDENTIFICATION, NEW YORK HISTORY, THE NEW YORK STATE HISTORICAL ASSOCIATION, SPRING 2008

HAMELL, GEORGE R., WAMPUM: LOST TREASURE, LEGACY: THE MAGAZINE OF THE NEW YORK STATE MUSEUM, 2007

HAMELL, GEORGE R. AND FOX, WILLIAM, RATTLESNAKE TALES, ONTARIO ARCHAEOLOGY, JOURNAL OF THE ONTARIO ARCHAEOLOGICAL SOCIETY, NATIVE SYMBOLIC EXPRESSION AROUND THE GREAT LAKES AND BEYOND, 2005

HAMELL, GEORGE R., A LOOK BACK: “OLD INDIAN LIFE GROUPS, LEGACY: THE MAGAZINE OF THE NEW YORK STATE MUSEUM, 2005

HAMELL, GEORGE R. AND DROOKER, PENELOPE B., SUSANNAH SWAN’S “WAMPUM BAG”, PERISHABLE MATERIAL CULTURE IN THE NORTHEAST, 2004

HAMELL, GEORGE R., SENECA IROQUOIS CARVED WOODEN LADLES, MEMBERS UPDATE, NEW YORK STATE MUSEUM, 2004

HAMELL, GEORGE R. AND HAUPTMAN, LAURENCE M., GEORGE CATLIN: THE IROQUOIS ORIGINS OF HIS INDIAN PORTRAIT GALLERY, THE NEW YORK STATE HISTORICAL ASSOCIATION, 2003

HAMELL, GEORGE R., FACIAL TATTOOS: NEW ENGLAND ALGONQUIAN AND IROQUOIS, 1666-1724, 2003

HAMELL, GEORGE R., A MOHAWK IROQUOIS VILLAGE: A VIRTUAL EXHIBIT A THE NEW YORK STATE MUSEUM, ALBANY, NY 2001

HAMELL, GEORGE R., LONG TAIL: THE PANTHER IN HURON-WYANDOT AND SENECA MYTH, RITUAL, AND MATERIAL CULTURE, ICONS OF POWER: FELINE SYMBOLISM IN THE AMERICAS, 1998

HAMELL, GEORGE R., JAQUES: A MUNSEE FROM NEW NETHERLAND, 1644, 1996

HAMELL, GEORGE R., WAMPUM, HOXIE, F.E. (ED.), ENCYCLOPEDIA OF NORTH AMERICAN INDIANS: NATIVE AMERICAN HISTORY, CULTURE, AND LIFE FROM PALEO- INDIANS TO THE PRESENT. HOUSHTON MUFFLIN COMPANY, MASSACHUSETTS, 1996

3 HAMELL, GEORGE R., INTRODUCTION, SYRACUSE UNIVERSITY PRESS, (ED.), SKUNNY WUNDY: SENECA INDIAN TALES BY ARTHUR C. PARKER, SYRACUSE UNIVERSITY PRESS, SYRACUSE, NEW YORK, 1994

HAMELL, GEORGE R., PORTRAITS OF THE MOHAWKS, JOSEPH BRANT, JOHN BRANT, AND HENDRICK, FORMERLY IN THE ’S COLLECTIONS, 1993

HAMELL, GEORGE R., FROM LONGHOUSE TO LOG HOUSE AT HOME AMONG THE SENECAS, 1790-1828, 1992

HAMELL, GEORGE R., THE IROQUOIS AND THE WORLD’S RIM: SPECULATIONS ON COLOR, CULTURE, AND CONTACT, AMERICAN INDIAN QUARTERLY, 1992

HAMELL, GEORGE R., ARENT VAN CURLER AND THE UNDERWATER GRANDFATHER: SCHENECTADY AND A CULTURAL FRONTIER, 1990

HAMELL, GEORGE R., MOHAWKS ABROAD: THE 1764 AMSTERDAM ETCHING OF SYCHNECTA, INDIANS AND EUROPE: AN INTERDISCIPLINARY COLLECTION OF ESSAYS, 1987

HAMELL, GEORGE R., MYTHICAL REALITIES AND EUROPEAN CONTACT IN THE NORTHEAST DURING THE SIXTEENTH AND SEVENTEENTH CENTURIES, MAN IN THE NORTHEAST, 1987

HAMELL, GEORGE R., REVIEW OF “ONONDAGA: PORTRAIT OF A PEOPLE” BY DENNIS J. CONNORS, LAURENCE M. HAUPTMAN, AND RAY GONYEA, ETHNOHISTORY, 1987

HAMELL, GEORGE R., STRAWBERRIES, FLOATING ISLANDS, AND RABBIT CAPTAINS: MYTHICAL REALITIES AND EUROPEAN CONTACT IN THE NORTHEAST DURING THE SIXTEENTH AND SEVENTEENTH CENTURIES, JOURNAL OF CANADIAN STUDIES, 1987

HAMELL, GEORGE R., LIFE’S IMMORTAL SHELL: WAMPUM AMONG THE NORTHERN IROQUOIANS, 1986

HAMELL, GEORGE R., A NEW PERSPECTIVE ON INDIAN-WHITE CONTACT: CULTURAL SYMBOLS AND COLONIAL TRADE, THE JOURNAL OF AMERICAN HISTORY, 1986

HAMELL, GEORGE R., CHICHICOIS, CHICHICOIS … OR SOME NOTES ON THE GOURD RATTLE, 1984

HAMELL, GEORGE R., METAPHOR, MYTH AND CONTEMPORARY IROQUOIS HISTORY, 1984

4 HAMELL, GEORGE R., NORTHERN IROQUOIAN HORTICULTURE AND INSECT INFESTATION: A CAUSE FOR VILLAGE REMOVAL, ETHNOHISTORY, 1984

HAMELL, GEORGE R., A 19TH CENTURY ‘APOSTLE POTTER’: HEBER KIMBALL, MORMON LEADER, ‘RECEIVED THE SPIRIT’ IN HIS UPSTATE NEW YORK , THE NEW YORK- PENNSYLVANIA COLLECTOR, 1983

HAMELL, GEORGE R., TRADING IN METAPHORS: THE MAGIC OF BEADS – ANOTHER PERSPECTIVE UPON INDIAN-EUROPEAN CONTACT IN NORTHEASTERN NORTH AMERICA, HAYES, III, C.F. (ED.) PROCEEDINGS OF THE 1982 GLASS TRADE BEAD CONFERENCE. ROCHESTER MUSEUM AND SCIENCE CENTER, ROCHESTER, NEW YORK, 1983

HAMELL, GEORGE R., THROUGH THE GREAT BLACK DOOR – TRANSFORMATION AT THE THRESHOLD, 1981

HAMELL, GEORGE R., EARTHENWARES AND SALT-GLAZED STONEWARES OF THE ROCHESTER-GENESEE VALLEY REGION: AN OVERVIEW, NORTHEAST HISTORICAL ARCHAEOLOGY, 1981

HAMELL, GEORGE R., NORTH BAY POTTERY, THE NEW YORK-PENNSYLVANIA COLLECTOR, 1981

HAMELL, GEORGE R., OF HOCKERS, DIAMONDS AND HOURGLASSES: SOME INTERPRETATIONS OF SENECA ARCHEOLOGICAL ART, 1979

HAMELL, GEORGE R. AND MCKAY, GENE, COMPARISON AND ANALOGIES OF SMOKING PIPE AND WARCLUB FORMS, 1979

SPEAKING ENGAGEMENTS

• Lewis H. Morgan Chapter, New York State Archaeological Association Rochester, NY, multiple years • Rochester Museum and Science Center, Rochester, NY. 1974-1980 et al. • New York State Museum, Albany, NY, multiple years, 1980-2007 • Annual Conference on Iroquois Research, Rensselaerville NY 1979, 1981, 1982 et al. • Capitol Historical Society Annual Conference, Washington, D.C. 1992 • Society for Historical Archaeology • Society for American Ethnohistory • Conference on Historical Archaeology – A Multidisciplinary Approach, Albany NY 1982 • The Humanizing Experience, New York State Education Department, Kiamesha Lake, NY 1984 • Symposium on Canadian Art History, Toronto, CA 1987

5 • New Netherland and the Frontier. The 13th Rensselaerwijck Seminar. Albany, NY 1990 • 34th Annual Meeting of the Northeastern Anthropological Association, State University College at Geneseo, NY 1994 • Algonquian Seminar, New York State Museum, Albany, NY 2011 • Early Woodland Indians Conference, Fort Pitt, Pittsburgh, PA 2011 • Eastern Woodlands Material Culture Symposium Ganondagan State Historic Site, Victor, NY 2013

BOARD SERVICE

• Board of Trustees, Seneca-Iroquois National Museum, Salamanca, NY • Board of Trustee, Friends of Ganondagan Historic Site, serving also as consultant on their Building and their Exhibits Committee Victor, NY

6 300 State Street, Suite 502 Rochester, New York 14614 585.434.0790 phone 585.563.7432 fax www.zoglaw.com

August 14, 2020

VIA E-MAIL ([email protected])

George R. Hamell 31 River Burch Lane Webster, New York 14580

Re: Contract for Expert Consulting Services between George R. Hamell and The Zoghlin Group, PLLC; Horseshoe Solar Project

Dear George,

Please let this letter confirm that you have agreed to provide expert consulting services to The Zoghlin Group PLLC, (the “Firm”) for the benefit of its public stakeholder group client Residents United to Save our Hometown (“RUSH” or the “Group”). The Group is participating in the Article 10 siting proceeding for Horseshoe Solar Energy, LLC’s Horseshoe Solar Farm, Case No. 18-F-0633. Your expert services will assist RUSH and this Firm in the application phase of the Article 10 proceeding.

RUSH and this firm desire your assistance in reviewing and critiquing the Application and any revisions or proposed agreements related to the proposed Horseshoe Solar project. You will review and critique existing project documents related to identifying, assessing, and mitigating or avoiding any potential adverse impacts on cultural resources present in the study area of the proposed project. You will primarily focus on impacts to cultural resources, which includes exhibit 20 of the application, all relevant studies attached to the application and source material. You will review and critique the scope and adequacy of studies performed by the Applicant, prepare written pre-trial testimony about potential impacts and mitigation (including original research), participate in administrative hearings, and assist with post-hearing briefing.

It is our understanding that you, as part of our cultural resources panel, will provide the expert services described above to RUSH at the following rates and under the following conditions:

1. Review applicable portions of the Application (Exhibits 20 and all relevant studies attached to the application and source material): $50/hour

2. Academic research related to studies conducted or cited by applicant: $50/hour

3. Assist attorneys in drafting information requests and reviewing Horseshoe Solar’s responses: $50/hour

4. Draft written pre-filed direct testimony with assistance of attorneys: $100/hour

5. Review applicant’s direct/rebuttal testimony and source material and draft rebuttal testimony if required: $100/hour

6. Assist attorneys in preparation for evidentiary hearing: $100/hour 7. Attend 1 to 4 days of evidentiary examination hearing in Monroe or Livingston County, NY: $100/hour

8. Review and provide commentary on post-hearing briefing, assist attorneys in drafting post- hearing briefs: $100/hour

A copy of the cultural resources panel’s combined budget is attached hereto.

You also understand and agree that payment for all services will be paid by Intervenor Funds, and that payment may be delayed until invoices are submitted to the State of New York by The Zoghlin Group and funds are received. You further understand that The Zoghlin Group will diligently pursue the expedient payment of all invoices by Intervenor Funds, but that once they have submitted such invoices to be paid, The Zoghlin Group cannot control the date of any disbursements of Intervenor Funds disbursed by the State.

You further understand RUSH, and not The Zoghlin Group, will be responsible for payment of all invoices due under this contract. Additionally, you understand that all communications between you, members of RUSH and/or The Zoghlin Group are intended to be protected by the attorney-client privilege and all other applicable privileges, and shall not be disclosed to third parties without the consent of the principals of RUSH or an attorney from The Zoghlin Group.

Finally, all communications between you and RUSH and/or the Firm are intended to be protected by the attorney-client privilege, and all other applicable privileges. As such, any reports, statements, documents, working papers, and/or other materials prepared for or related to the expert consulting services provided pursuant to this agreement shall not be disclosed to third-parties without the consent of the principals of RUSH or an attorney from the Zoghlin Group.

Estimated Budget for Services of Cultural Resources Panel Gerald A. Jemison and George R. Hamell

Action Rate Estimated Time Estimated Cost

Review applicable portions of the $50/hr 25 hrs $1250 Application (Exhibits 20 and all relevant studies attached to application and source material). Academic research related to studies $50/hr 50 hrs $2500 conducted or cited by applicant

Assist attorneys in drafting $50/hr 12 hrs $600 information requests and reviewing Horseshoe Solar’s responses Draft written pre-filed direct $100/hr 40 hrs $4000 testimony with assistance of attorneys

Review applicant’s direct/rebuttal $100/hr 30 hrs $3000 testimony and source material and draft rebuttal testimony if required Assist attorneys in preparation for $100/hr 40 hrs $4000 evidentiary hearing

Attend 1 to 4 days of evidentiary $100/hr 32 hrs $3200 examination hearing in Monroe or Livingston County, NY

Review and provide commentary on $100/hr 10 hrs $1000 post-hearing briefing, assist attorneys in drafting post hearing briefs. TOTAL ESTIMATED COST $19,550

Employment Resume

Gerald A. (Pete) Jemison 6527 Break of Day Road Victor, New York 14564

1985-2019 Historic Site Manager B Ganondagan State Historic Site 7000 county Road 41 Victor, New York 14564

1978-1985 Gallery Director American Indian Community House New York, New York

Education Bachelor of Science in Art Education 1967 Buffalo State College 1300 Elmwood Avenue Buffalo, New York

Graduate work – American Studies Department 1989-1991 University of Buffalo Amherst, New York

Honorary Doctorate of Fine Art 2003 Buffalo State College 1300 Elmwood Avenue Buffalo, New York

Leadership 2019-current Board Member National Museum of the American Indian Smithsonian Institution Washington, DC

2019-current Board Member New York State Museum Albany, New York Gerald A. (Pete) Jemison

(Leadership continued)

1989-current Ex Officio Board Member Friends of Ganondagan 7191 County Road 41 Victor, New York 14564

2006-2009 Advisory Council on Historic Preservation Board Member (Representing Native Americans, Native Hawaiians, and Alaskan Natives) White House Appointee Washington, DC

2004-2006 American Alliance of Museums (formerly American Association of Museums) Arlington, VA

1996 Co-Author “Treaty of Canandaigua” 200 years of treaty relations between the Six Nations Iroquois and the 300 State Street, Suite 502 Rochester, New York 14614 585.434.0790 phone 585.563.7432 fax www.zoglaw.com

August 14, 2020

VIA E-MAIL ([email protected])

Gerald A. Jemison 6527 Break of Day Road Victor, New York 14564

Re: Contract for Expert Consulting Services between G. Peter Jemison and The Zoghlin Group, PLLC; Horseshoe Solar Project

Dear Pete,

Please let this letter confirm that you have agreed to provide expert consulting services to The Zoghlin Group PLLC, (the “Firm”) for the benefit of its public stakeholder group client Residents United to Save our Hometown (“RUSH” or the “Group”). The Group is participating in the Article 10 siting proceeding for Horseshoe Solar Energy, LLC’s Horseshoe Solar Farm, Case No. 18-F-0633. Your expert services will assist RUSH and this Firm in the application phase of the Article 10 proceeding.

RUSH and this firm desire your assistance in reviewing and critiquing the Application and any revisions or proposed agreements related to the proposed Horseshoe Solar project. You will review and critique existing project documents related to identifying, assessing, and mitigating or avoiding any potential adverse impacts on cultural resources present in the study area of the proposed project. You will primarily focus on impacts to cultural resources, which includes exhibit 20 of the application, all relevant studies attached to the application and source material. You will review and critique the scope and adequacy of studies performed by the Applicant, prepare written pre-trial testimony about potential impacts and mitigation (including original research), participate in administrative hearings, and assist with post-hearing briefing.

It is our understanding that you, as part of our cultural resources panel, will provide the expert services described above to RUSH at the following rates and under the following conditions:

1. Review applicable portions of the Application (Exhibits 20 and all relevant studies attached to the application and source material): $50/hour

2. Academic research related to studies conducted or cited by applicant: $50/hour

3. Assist attorneys in drafting information requests and reviewing Horseshoe Solar’s responses: $50/hour

4. Draft written pre-filed direct testimony with assistance of attorneys: $100/hour

5. Review applicant’s direct/rebuttal testimony and source material and draft rebuttal testimony if required: $100/hour

6. Assist attorneys in preparation for evidentiary hearing: $100/hour 7. Attend 1 to 4 days of evidentiary examination hearing in Monroe or Livingston County, NY: $100/hour

8. Review and provide commentary on post-hearing briefing, assist attorneys in drafting post- hearing briefs: $100/hour

A copy of the cultural resources panel’s combined budget is attached hereto.

You also understand and agree that payment for all services will be paid by Intervenor Funds, and that payment may be delayed until invoices are submitted to the State of New York by The Zoghlin Group and funds are received. You further understand that The Zoghlin Group will diligently pursue the expedient payment of all invoices by Intervenor Funds, but that once they have submitted such invoices to be paid, The Zoghlin Group cannot control the date of any disbursements of Intervenor Funds disbursed by the State.

You further understand RUSH, and not The Zoghlin Group, will be responsible for payment of all invoices due under this contract. Additionally, you understand that all communications between you, members of RUSH and/or The Zoghlin Group are intended to be protected by the attorney-client privilege and all other applicable privileges, and shall not be disclosed to third parties without the consent of the principals of RUSH or an attorney from The Zoghlin Group.

Finally, all communications between you and RUSH and/or the Firm are intended to be protected by the attorney-client privilege, and all other applicable privileges. As such, any reports, statements, documents, working papers, and/or other materials prepared for or related to the expert consulting services provided pursuant to this agreement shall not be disclosed to third-parties without the consent of the principals of RUSH or an attorney from the Zoghlin Group.

We look forward to working with you on this matter.

Respectfully,

Bridget O’Toole, Esq.

______

READ AND AGREED TO THIS _____ day of August, 2020

______Gerald A. Jemison

Estimated Budget for Services of Cultural Resources Panel Gerald A. Jemison and George R. Hamell

Action Rate Estimated Time Estimated Cost

Review applicable portions of the $50/hr 25 hrs $1250 Application (Exhibits 20 and all relevant studies attached to application and source material). Academic research related to studies $50/hr 50 hrs $2500 conducted or cited by applicant

Assist attorneys in drafting $50/hr 12 hrs $600 information requests and reviewing Horseshoe Solar’s responses Draft written pre-filed direct $100/hr 40 hrs $4000 testimony with assistance of attorneys

Review applicant’s direct/rebuttal $100/hr 30 hrs $3000 testimony and source material and draft rebuttal testimony if required Assist attorneys in preparation for $100/hr 40 hrs $4000 evidentiary hearing

Attend 1 to 4 days of evidentiary $100/hr 32 hrs $3200 examination hearing in Monroe or Livingston County, NY

Review and provide commentary on $100/hr 10 hrs $1000 post-hearing briefing, assist attorneys in drafting post hearing briefs. TOTAL ESTIMATED COST $19,550