TO: Honorable Mayor & Members of the North Port Commission
FROM: Heather Faust, MMC, FCPC, City Clerk
TITLE: Discussion and Possible Action Regarding Art Advisory Board Recommendation Memorandum for Halligan Sculpture Project.
Recommended Action
I move to direct the City Attorney to review the legal options within the purchase order to determine what action can be taken to retrieve funds paid to Mr. Halligan for the incomplete project.
City Commission Options
Option 1: I move to direct the City Attorney to review the legal options within the purchase order to determine what action can be taken to retrieve funds paid to Mr. Halligan for the incomplete project.
• Pro: Protects the City’s financial interests by identifying whether there is a legally supported path to recover some or all of the funds paid for work that was not completed.
• Con: May require additional legal review and staff time, and recovery may be limited if the purchase order does not clearly establish repayment obligations or enforceable remedies.
Option 2: I move to direct the City Manager to engage in discussion with Mr. Halligan regarding additional proposals to be presented to the Art Advisory Board for recommendation to the City Commission for approval.
• Pro: Keeps open the possibility of salvaging the artist relationship and redirecting the prior effort toward a feasible public art proposal.
• Con: May delay final resolution of the existing purchase order and could be viewed as continuing engagement despite the lack of progress and communication on the original project.
Option 3: I move to accept Mr. Halligan’s withdrawal and direct the City Manager to cancel or close out the purchase order and document the disposition of the project.
• Pro: Provides the quickest administrative closeout.
• Con: Does not, by itself, resolve whether the City should seek return of the advance payment.
Background Information
Walgreens was constructed at 1009 N. Sumter Boulevard (corner of N. Sumter Boulevard and Price Boulevard in 2006. The developer of the Shoppes at Price Crossing contributed $5,000 to the City’s Art Fund. Art Plan and Art Fund for the Walgreens project on November 19, 2007.
During the City Commission Regular Meeting on April 23, 2019, the Commission approved the sculpture "Roseate Spoonbill" by Donald Gialanella to be located at the northwest corner of Price and Sumter Boulevards near the Walgreen's, in the amount not to exceed $10,000, using the Art Fund money. By September 2020, some deterioration was identified on the sculpture and restoration was completed through the combined efforts of the artist Donald Gialannella and City staff. Pursuant to Commission direction on March 2, 2021, staff removed the sculpture from the location in front of Walgreens and relocated it to the second floor lobby of City Hall in the arched-out area. The Commission also directed the Art Advisory Board to provide options for a sturdy, low maintenance, and more visible replacement art structure at Walgreens on the corner of Price and Sumter Boulevard.
For the next several months, staff analyzed whether the current location in front of Walgreens was best suited for artwork. Staff concluded that another alternate location would be better. Former City Attorney Amber Slayton advised that any new proposal for placement requires the Heron Creek developer’s approval. The property owner’s approval is also required for legal access on private property and is best documented in the form of an ingress and egress easement granting the City permission to install and maintain the public art.
During the Art Advisory Board Meeting, May 9, 2023, Mike Halligan, local artist, presented an overview of a sculpture proposal to be placed at the Walgreens on the corner of Price and Sumter Boulevard. The proposed piece would be created through the utilization of salvaged materials from Hurricane Ian symbolizing the strength of the North Port community rebuilding in light of tragedy. Materials include a solid log of either mahogany or eucalyptus (recovered in North Port following Hurricane Ian) mounted vertically to a thick aluminum base bolted in the ground. At the top of the log, aluminum will be used to create flowing metal hibiscus flowers. A bronze plaque providing the meaning behind the artwork will be included. The wood will be coated fully with specially formulated outdoor epoxy and all of the aluminum will be anodized to protect it from the elements.
During the Art Advisory Board Meeting, on December 19, 2023, and subsequent to receiving additional supporting information from the artist, the Board made a motion recommending submitting the project to Commission for approval. The completion of this piece would take place at Halligan Design Production Company and be transported to the applicable location when the piece is ready for installation.
On February 14, 2024, the Department of Public Works staff suggested a parcel of property owned by the City and located near the entrance to the Myakkahatchee Creek Greenway Trail along Price Boulevard, adjacent to Butler Park and the Heron Creek development.
In response to a request for review of the proposed sculpture, on February 20, 2024, City staff received communication from Mr. Ron York, Development Manager for Heron Creek Town Center, indicating that he agreed to the art sculpture being proposed by the Art Advisory Board. He also agreed to relocate the art sculpture to the proposed parcel near the Myakkahatchee Creek Greenway Trail along Price Boulevard. In addition, staff connected with artist Mike Halligan and he confirmed support for the proposed new location of the artwork.
During the City Commission Regular Meeting held on March 26, 2024, the Commission made a motion to direct the City Manager to move forward with the installation of the artwork as presented by Mike Halligan to be located near the Myakkahatchee Creek Greenway Trail along Price Boulevard in an amount not to exceed $45,000 with deposit and payments being made as follows: 1/3 initial deposit, 1/3 during the completion and curing process, and 1/3 at final installation.
Mr. Halligan was paid $13,695 on May 30, 2024, and another $13,695 on July 31, 2025 for a total of $27,390.
The Art Advisory Board (AAB) sculpture project for the Walgreens at the corner of Price Boulevard and Sumter Boulevard (an alternate location was approved for the sculpture to be placed at the entry to the Myakkahatchee Creek Greenway Trail) was approved by Commission on March 26, 2024, Item 24-0358, with a total project budget of $41,550, with 1/3 payment being made during initial deposit, 1/3 during the completion and curing process, and the 1/3 at the final installation, funded from the Public Art account. An initial payment of $13,695 was made to the artist, Mike Halligan, to begin work (see attached Project Background); with a second payment of $13,695 the following year.
After assuming Staff Liaison responsibilities in January 2026, Michael Davey, Grants Coordinator, was asked to ascertain the status of the project, finding that the last documented communication from the artist was in November 2025. In that email, Halligan advised then Staff Liaison Michael White that fabrication had begun and progress photographs would be forthcoming (see attached White Halligan email). Davey looked for further communication from Mr. Halligan and found none, nor did he find evidence of such photographs. Davey then sent a status update request to the artist in April 2026 (see attached Davey Halligan Email) and received no response.
Because of the apparent lack of progress and lack of communication, and after discussion with City leadership, the matter was presented to the Art Advisory Board at its July 14, 2026, meeting. The Board voted to recommend terminating the Contract and to request that the City Commission take any further action it deems appropriate.
Immediately following that meeting, the artist sent an email to Davey indicating that the project was no longer feasible due to technical issues (see attached Halligan Resignation). As such, he requested to cancel the project. The email sent by the artist made no mention of the disposition of the $27,390 advance payment.
The Art Advisory Board has made no recommendation to Commission other than that the Contract be terminated. The Board considers the question of any further action to be at the discretion of Commission, Senior City Staff (including City Attorney), and City Leadership. Please note that there was not a Contract between the City of North Port and Mr. Halligan. As referenced above, during the City Commission Regular Meeting held on March 26, 2024, the Commission made a motion to direct the City Manager to move forward with the installation of the artwork as presented by Mike Halligan to be located near the Myakkahatchee Creek Greenway Trail along Price Boulevard in an amount not to exceed $45,000 with deposit and payments being made as follows: 1/3 initial deposit, 1/3 during the completion and curing process, and 1/3 at final installation. A Purchase Order was processed and issued to Mr. Halligan by the City Finance Department for the artwork.
Strategic Plan Pillar
Good Governance
Financial Impact
$27,390 has been expended from the Public Art account.
Procurement
Not applicable.
Attachments:
1. AAB Memo to Commission for July 2026
2. 3-26-24 Commission Minutes
3. Project Background
4. White Halligan Email
5. Davey Halligan Email
6. Halligan Resignation
7. Halligan PO
8. Halligan Additional Emails
Prepared by: Matt Powell, CMC, Deputy City Clerk
Department Director: Heather Faust, MMC, FCPC, City Clerk