NYCOM News

Presented by Wade Beltramo, NYCOM General Counsel

Tuesday, November 19th (11:00 a.m. - 12:00 p.m.): The Open Meetings Law
While the requirements of New York’s Open Meetings Law (OML) are fairly straightforward, there are a lot of scenarios that can create confusion. Moreover, the OML’s new videoconference procedures have left quite a few local officials scratching their heads. This webinar will provide a full explanation of the OML’s fundamental requirements. The presentation will also highlight recent OML amendments, including videoconferencing, the public’s right to access records that are scheduled to be discussed at meetings, the definition of “public body,” and the posting of meeting minutes.

Tuesday, December 3rd (11:00 a.m. - 12:00 p.m.): Understanding Article 78: Drafting Decisions That Will Withstand a Legal Challenge
Because decisions of ZBAs and planning boards are frequently challenged in court, ZBA and planning board members should understand the litigation process and the legal standards courts apply when reviewing ZBA and planning board decisions. This webinar will provide an overview of the Article 78 process which governs challenges to ZBA or planning board determinations, highlighting the arbitrary and capricious and substantial evidence standards. The webinar will conclude with a discussion of how to draft determinations that meet the standards for making administrative decisions.

Tuesday, December 10th (11:00 a.m. - 12:00 p.m.): Ethics for ZBA and Planning Board Proceedings
The land use decision-making processes can be highly contentious, with costly projects at stake and peoples’ property rights in play. An issue that constantly arises in proceedings before ZBAs and planning boards are claims of ethical lapses and misconduct. Sometimes charges of a conflict of interest or bias are well-founded, and sometimes such charges are merely attempts to disqualify local officials. The very nature of being a local official, namely having to be a resident of the municipality and in many instances being a property or businesses owner, creates some degree of interest in the applications that come before them. This webinar will address the basics of ethics for ZBAs and planning boards, including prohibited conflicts of interest and bias, ex parte communications, and prejudging applications. The webinar will also cover the steps officials can take to deal with such cases, including requesting ethics opinions from boards of ethics, recusal, having alternate board members, and disclosure.

Tuesday, December 17th (11:00 a.m. - 12:00 p.m.): Parking: How It Impacts Community Development & How to Do It Right
This final webinar in NYCOM’s 2024 planning and zoning webinar series will cover parking. No land use issue is more mundane and yet more controversial than parking. Off-street parking requirements can be found in practically every local zoning code. But Professor Donald Shoup has shattered the myths that have served as the foundation for parking standards for decades, standards that have caused substantial harm to communities across the country. This session will examine case law interpreting parking. In addition, this session will address Professor Shoup’s research and what it means to local zoning codes and ZBAs handling variance requests for parking.

These webinars are open to NYCOM members and non-members, including non-planning board and non-ZBA members. The cost of participating in each webinar is $25 for members and $75 for non-members.

Annual Planning & Zoning Training Requirement: Note that each of these webinars will last 1 hour. If your city or village allows webinars as a valid form of training, individuals who participate in each of the four webinars will satisfy the State’s four-hour annual training requirement for planning board and ZBA members. CLE: In addition, each of these webinars is eligible for one hour of CLE credit in the Area of Professional Practice. Attorneys wishing to obtain CLE credit for participating in these webinars MUST PRE-REGISTER. These CLE courses contain new content for 2024 and are not “repeat” courses for purposes of the NYS CLE Board's “no repeat” rule. In addition, these CLE courses are appropriate for both newly admitted and experienced attorneys and are a permissible format for newly admitted attorneys. For a copy of NYCOM's CLE Financial Hardship Policy, contact Wade Beltramo at (518) 463-1185 or This email address is being protected from spambots. You need JavaScript enabled to view it.This email address is being protected from spambots. You need JavaScript enabled to view it..