Surfside mayor, families clash over memorial, ‘special favor’ to Champlain site developer

Members of the public said “Shame on you” to Surfside Mayor Shlomo Danzinger as police escorted former Mayor Charles Burkett out of a town commission meeting Tuesday.

Danzinger ordered Burkett out after the former mayor repeatedly addressed Commissioner Fred Landsman directly during his remarks, which Danzinger said violated the meeting’s rules.

This was one of many tense moments during the meeting, which was convened to vote on the first reading of an ordinance for a zoning change at the Champlain Towers South collapse site.

The change would exempt the developer that owns the lot from certain rules as it builds new condominiums on the site at 8777 Collins Ave., where 98 people died in June 2021. Dubai-based firm DAMAC Properties owns the site.

In Surfside, developers often have to follow a “wedding cake” design, where a building tapers toward the top to allow for sunlight and space between buildings. The proposed zoning change would allow DAMAC to build straight up on the south side of the building, instead of tapering.

The change would allow DAMAC to make up for the square footage it would lose by setting aside room for a memorial on the property. Some have stated that even with the code change, DAMAC would be losing square footage, while others have stated that the firm would make more money with the proposed change.

Three bunches of flowers at a memorial at the Tennis Center across the street from the site of Champlain Towers South, 88th Street and Collins Avenue in Surfside, June 22, 2023.
Three bunches of flowers at a memorial at the Tennis Center across the street from the site of Champlain Towers South, 88th Street and Collins Avenue in Surfside, June 22, 2023.

Memorial on site remains an issue

Even with the zoning change, though, DAMAC would not be committed to allowing a memorial on the property under this ordinance.

In the two years since the collapse, family members of victims have asked for a memorial at least partially on the site of the collapse. On Tuesday, family members, community members and former elected officials gave impassioned remarks asking the commission not to approve the item. Some, like former Commissioner Eliana Salzhauer, said they viewed this rule change as a “special favor” to the developer.

After a contentious discussion on the dais and during public comment, the item failed. Landsman, who initially voted yes before reversing course, was the deciding vote.

Danzinger’s relationship with DAMAC has been under scrutiny since Surfside residents learned he met with the developer in Dubai last year. When the Herald requested documents related to the trip, the town responded that there were none.

In an email Wednesday morning, Burkett called this zoning change “a dishonest bargain to enrich Mr. Danzinger’s developer friend,” referring to DAMAC.

Martin Langesfeld, whose sister died in the collapse, called the item “insulting” to the families during his comments at Tuesday’s meeting.

During her comments, Salzhauer said this ordinance is “spot zoning,” a controversial and sometimes illegal practice that changes zoning rules on a single piece of property.

There was some support for zoning change

Some came to the meeting to support the proposed zoning change. Ben Jacobson, a longtime ally of the mayor, spoke in favor of the item. Some family members of victims stated they are open to this measure if that’s what it takes to get a memorial on the site.

“A lot of things that are not so clear, but very simply put, whatever we can get on the actual property I would want and support,” said Chana Wasserman, who lost her parents in the collapse.

After about two hours of discussion, during which Commissioner Nelly Velasquez expressed her strong disapproval and commissioners Marianne Meischeid and Landsman both attempted to alter the text of the item, Danzinger called for a vote.

Landsman was first up to vote. In the audience, some encouraged Landsman to vote no as he pondered his decision, which would determine the outcome. When he voted in favor, some walked out of the chamber. Soon after, Landsman asked if he could change his vote.

“There’s so much uncertainty right now,” Landsman said before he recast his vote.

Without Landsman’s support, the measure failed 3-2. Velasquez, Meischeid and Landsman opposed the measure, and Vice Mayor Jeffrey Rose and Danzinger supported it.

In a statement Wednesday, DAMAC indicated it will build following the “wedding cake” design. Danzinger said in a separate statement Wednesday that the proposal will go before the planning and zoning board in August and will likely go before the commission in September.

After the meeting, Town Manager Hector Gomez said he thinks this decision will change the tone of negotiations going forward.

Salzhauer was not as optimistic. She spoke with lobbyists from DAMAC after the meeting, and she said she has been frustrated by the firm’s attitude about a memorial. To her, a memorial garden on the site is a moral issue.

“Does that require financial incentive? Someone has to give you money for you to do the right thing?” she said after the meeting. “They need to do the right thing. They need to give space on the land.”