October 14 update · A message from Nona Phelps
The October 15 Town Council work-session agenda now includes a Temporary Uses Discussion. Councilman Andy Pleil has also publicly responded to the petition, saying he asked Council to make time for this discussion after hearing concerns that the temporary-use permitting process may need to be updated. That is meaningful progress. The market is still paused, TA-26-3 is still moving through the Town process, and we still need the community to stay involved until there is a workable, fair result.
Tomorrow's agenda item is a broader discussion of temporary uses, not a posted hearing on TA-26-3. The agenda packet includes the current temporary-use provisions that have been central to this dispute. Andrew will be there to speak briefly and answer questions while I am working at the Hampstead Farmers Market at Shaka Taco / Ironclad, helping support our family. I appreciate that Council is now discussing the underlying rules in public, and I hope this is the beginning of a practical solution.
Why this still matters
My name is Nona Phelps. I am the owner of Eat My Feelings and the organizer of the Surf City Farmers Market. I am also a wife and a mom of four.
On September 17, my husband Andrew spoke during public comment while I was working at the Hampstead Farmers Market. I had to be there because these markets are part of how I help support our family and our four children. Andrew went to the Council meeting so our concerns and the impact on other vendors could still be put on the public record. The Town's approved September 17 minutes now document his remarks in detail.
I did not start this market as a political project. I started it because small businesses need places to meet customers, and because I believed Surf City could have a Friday-evening market that felt like a community gathering instead of just another transaction.
Depending on the week, roughly 20 to 50 local businesses participate or are represented. Some vendors travel more than 50 miles to participate and promote the market to their own customers, helping bring additional visitors into Surf City and the surrounding area.
I did attend the follow-up meeting Mayor Batts requested. I expected a working conversation about the ordinance and possible amendments. Instead, I was directed to upload a written proposal through the Town's planning system, and the meeting ended without a substantive discussion of the proposal.
I have now done what I was told to do. On September 22, I submitted the zoning text amendment and paid the required filing fee. The proposal defines a farmers market and lays out a framework intended to distinguish a recurring producer-focused market from flea markets, swap meets and temporary merchant tent sales.
I remain disappointed that no temporary exemption or other interim path was offered while the amendment works through the Town's process. At the same time, I want to give Council credit for putting temporary uses on the October 15 agenda and beginning a public discussion about the rules themselves. That is the correct place for policy changes to be discussed. We still need a workable result, but this is movement in the right direction.
— Nona
October 14 progress update
This is the first time the underlying temporary-use rules have been placed on a Council work-session agenda since this dispute began. The official October 15 agenda lists Temporary Uses Discussion as work-plan item 5. Separately, Councilman Andy Pleil publicly responded through Change.org on October 13 that he is committed to fair and consistent treatment of residents and small businesses and that, after hearing concerns from constituents, he asked Council to make time to discuss whether the temporary-use permitting process needs to be updated.
The Town's approved September 17 minutes document Andrew's remarks about our family, the vendors, charitable impact, regional economic activity, the petition and the need for a fair path forward.
Andy Pleil told Change.org that he asked Council to make time for a discussion after hearing that the temporary-use permitting process may need to be updated. The response specifically points to the October 15 Council workshop.
The Town's published agenda lists Temporary Uses Discussion as item 5. Andrew will attend, speak briefly if appropriate and be available to answer questions while I work the Hampstead market at Shaka Taco / Ironclad.
Where we stand
I appreciate Council putting temporary uses on the agenda and Councilman Pleil publicly acknowledging that the permitting process may need to be updated. That deserves credit. It does not resolve the market's status yet, and TA-26-3 still has its own review process ahead, but it means the Town is now discussing the underlying rules rather than simply leaving the current situation in place.
Full transparency
I was not given substantive guidance on how to word the text amendment. I spoke with several nearby communities that support recurring farmers markets and drafted this to the best of my ability based on the problem Surf City identified. This is proposed language, not an adopted ordinance. Town staff, the Planning Board and Town Council may recommend changes during the public review process.
The proposal defines a farmers market as a recurring, organized outdoor or semi-indoor marketplace centered on producer-direct sales of agricultural products, locally produced foods, plants and handcrafted regional artisan goods under a unified permit.
The submitted table proposes Farmers Markets as a permitted use in C-1, C-2 and Mixed Use commercial districts, with a Special Use permit in the listed civic and institutional districts.
The proposal includes one market day per week per approved location, 8:00 AM to 8:00 PM operating hours, a 25% food/agricultural vendor minimum, off-street parking, a six-foot pedestrian path, emergency access review, sanitation requirements and temporary-sign rules.
What happens next
The Town has not yet posted TA-26-3 on a November agenda. Surf City's published process states that text amendments are reviewed by the Planning Board, which makes a recommendation before Town Council action. The Town already has a Planning Board meeting scheduled for November 12. I will update this page when the Town posts the specific TA-26-3 hearing and meeting dates.
What happened
I am sharing what I know firsthand, what the venue has told me, and what the Town's own public documents say. I am also preparing a public-records request because some important parts of the sequence are still unknown.
According to my event records, the Surf City Farmers Market was operating before the Town's current Shop the Sound Craft & Farmers Market series. After my market was established, a Town market organizer approached Eat My Feelings about participating in the Town's market without initially realizing that I was also the organizer of the Surf City Farmers Market.
The Town's current zoning ordinance says uses that are not specifically listed are prohibited unless the Administrator determines through the written-interpretation process that the proposed use is similar to another permitted use. Its temporary-use rules also place limits on certain outdoor sales and temporary events. Those are the provisions the Town has pointed to in communications about this market.
According to my account and the venue's account, Town representatives raised concerns directly with Surf City Brewing Company in August. No one from the Town first came to me, the person who created and organized the market, to explain the problem or ask whether there was a way to address it.
The brewery later reported pressure involving the property owner and felt compelled to end the market earlier than we had planned. I do not yet know who contacted the property owner, exactly what was said, or how many Town officials or employees participated in those communications.
From my perspective, going to the venue and then the property owner without first speaking to me felt unfair. Because the Town also operates its own farmers market, it also raises an anticompetitive concern for me. That is my concern and interpretation; it is not presented here as a proven legal conclusion. The records should show who was involved, what was discussed and what alternatives were considered.
Andrew spoke during public comment at the September 17 work session and described the effects on our family, the vendors, charitable events and the wider local business community. He also asked why I had not been approached directly and what lawful path the Town would consider.
According to our firsthand account of the September 17 work session, Mayor Batts asked Jeremy Smith to meet with me to discuss the ordinance and possible amendments. That meeting took place on September 22.
I went to the meeting expecting to discuss the market and possible ordinance changes. Instead, Jeremy Smith told me where to upload my written proposal through the Town's planning process. We did not have a substantive discussion of the proposal, ordinance language or an interim path for the market before the meeting ended.
The filing is identified on my receipt as TA-26-3. The proposed language defines a farmers market as a recurring, organized marketplace focused on producer-direct sales of agricultural products, locally produced foods, plants and handcrafted regional artisan goods, with a recurring schedule under a unified permit.
The Town's zoning ordinance allows members of the public to initiate a text amendment. The published process calls for staff review, a Planning Board recommendation and then Town Council action after a legislative hearing. I have since received a confirmation message indicating that the proposal is expected to be reviewed in November. TA-26-3 is not yet shown on a posted November agenda, so I am continuing to watch the official record for the exact meeting and hearing date.
I am disappointed by that. After the September 17 Council discussion, I came away believing there was interest in finding a lawful way for the market to continue. A temporary solution could have reduced the disruption to vendors, our family and charitable events while the permanent ordinance language moves through the required public process. No such interim authorization was offered to me at the September 22 meeting.
The public record still matters
The text amendment has now been submitted, and I have received a message indicating November review is expected. I will link the Town's staff materials, Planning Board agenda, Council agenda and final decision as those records become public. Until TA-26-3 appears on an official agenda, the exact meeting date remains pending.
What is affected
The consequences reach participating businesses, the brewery, local charities, families, and people who intentionally travel into Surf City to spend time and money here.
Vendor participation varies by week, with roughly 20 to 50 businesses represented depending on the date and event schedule.
Organizer analytics captured from Change.org showed 68% of supporters concentrated in ZIP codes 28443, 28445 and 28411 — the immediate Surf City, Hampstead, Holly Ridge and nearby Wilmington area.
Several thousand dollars intended for a local dog rescue had to be refunded after the September 25 charitable market event, which had been planned for months, could no longer proceed as scheduled.
A real example of what this market does
On September 17, Surf City Elementary publicly thanked community members and local businesses for supporting its Kindergarten Team and specifically thanked the Surf City Farmers Market for organizing the supply drive.
The September 25 event was supposed to continue that charitable work by supporting a local dog rescue. Instead, the donations collected for that event had to be returned.
View Surf City Elementary's post
Where the support is coming from
At the time I captured the organizer analytics shown here, 68% of supporters were concentrated in ZIP codes 28443, 28445 and 28411. Those ZIP codes cover the immediate Surf City, Hampstead and Holly Ridge area and nearby Wilmington.
Other supporters have come from surrounding southeastern North Carolina communities such as Burgaw and the Jacksonville/Camp Lejeune area. Petition geography does not prove that every signer personally attends the market, but it does show that the support is overwhelmingly local and regional.
Regional context
The zoning and municipal circumstances are not necessarily identical, but the basic market-plus-hospitality model is not unusual in the communities around Surf City.
Shaka Taco's current Hampstead page says its Ironclad Golf & Beer Garden property hosts farmers markets on Thursdays.
Shaka Taco sourceJacksonville Tourism lists recurring Topsail Island Local Vendor Market dates at Topsail Island Brewing in Sneads Ferry, including September 2026.
Jacksonville Tourism sourceWhat still needs to be resolved
Mayor Batts asked staff to meet with me after the September 17 work session. The September 22 meeting did not become a working discussion about ordinance language, so I followed the direction I was given and submitted the zoning text amendment. The Town's published process now provides the framework for staff review, Planning Board consideration and eventual Town Council action.
At the September 17 work session, the Mayor asked staff to meet with me. That meeting has now happened. The issue remains unresolved and will need to move through the Town's formal review and agenda process.
[email protected]On September 22, he directed me to upload a written proposal through the Town's planning process. We did not have a substantive discussion of the proposal or potential ordinance language at that meeting. I submitted the text amendment later that day.
[email protected]Follow the public process
The October 15 work session begins at 6:00 PM at the Surf City Municipal Complex, 214 W. Florence Way, and the Town lists Temporary Uses Discussion as work-plan item 5. This is not a posted hearing on TA-26-3, but the agenda packet includes the current temporary-use provisions that are directly relevant to how recurring markets have been treated. TA-26-3 is still expected to move through the Town's planning review process afterward.
Thursday, October 15 at 6:00 PM. Temporary Uses Discussion is item 5 on the official agenda. Andrew will attend on my behalf while I work the Hampstead Farmers Market at Shaka Taco / Ironclad.
The Town lists a Planning Board meeting for Thursday, November 12 at 4:00 PM. TA-26-3 is not yet shown on that agenda, so this remains a scheduled meeting rather than a confirmed hearing date for the amendment.
I received a confirmation message indicating that the proposal is expected to be reviewed in November. The exact TA-26-3 hearing date has not yet been posted publicly.
Official records
The Town publishes agendas and approved minutes online, posts Planning Board materials, and provides previous and live meetings through its official YouTube channel. Nona has now submitted the text amendment through the formal planning process and will continue linking the public record as it develops.
Support & transparency
Any money contributed directly to this effort will be reserved for future Town filing fees, amendment applications and related paperwork required to pursue a lawful path for the market. The September 22 receipt shows $309.96 paid: a $300 Town zoning text amendment application fee plus a $9.96 online processing charge. I am deeply grateful to everyone who has contributed, shared information, followed the public process or otherwise supported the market.
Please continue signing and sharing the petition, respectfully contact the Town to support a fair and workable temporary-use framework, and follow the October 15 work session. Council has taken a meaningful step by putting the issue on the agenda. Continued public attention helps make sure that step leads to an actual solution.
Sources & transparency
Public links are provided where available. The Town's approved September 17 minutes now document Andrew's public comments. Councilman Andy Pleil's October 13 response is published by Change.org as a decision-maker response and says he asked Council to make time for a temporary-use permitting discussion on October 15. The Town's official October 15 agenda independently lists Temporary Uses Discussion as work-plan item 5. Nona's September 22 filing receipt identifies the amendment as TA-26-3 and shows a $300 application fee plus online processing; images of the submitted proposal are published on this page. TA-26-3 is still not shown as a specific October 15 hearing item, and its exact November hearing date remains unconfirmed here.