Hendersonville Council Weighs Jail Time vs. $50 Fines in Camping Ban

Hendersonville City Council spent more time Nov. 5 on a draft public camping ban than on any other item. The debate split council over whether a misdemeanor or a $50 fine should back it up, and no vote was taken. Earlier, staff unveiled a three-year plan for homeless services. Council also approved a grant application for a $7M water line, advanced a 30-year Duke Energy franchise and adopted a new holiday trash schedule.

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• Draft camping ban sent back for revisions after council splits on criminal penalties versus a $50 civil fine
• Three-year unhoused strategic plan proposes a medium-barrier shelter and a formal encampment response
• $7M Howard Gap Road water line advances with a grant application tied to a 378-job, $100M project
• Duke Energy franchise of 30 years, renewable to 60, passes first reading
• Holiday trash pickup moves to the next business day, giving sanitation crews holidays off

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Camping Ban Splits Council Over Penalties

Council reviewed a draft ordinance that would ban camping, campfires, sleeping on public passageways and leaving property unattended on city property. Violations would carry a criminal misdemeanor and a $50 civil penalty. Staff did not request a motion.

Why it matters: Police data showed 93 sleeping-related interactions from July to October. Most happened overnight near Main Street and 7th Avenue. Police say they currently have no authority to act on those complaints.

Where things stand: Police Chief Myhand said that under current rules there is "no lawful reason for me to approach that person because they're doing nothing illegal." He argued that "without the criminal, police officers can do nothing."

Staff attorney Angie explained how North Carolina has decriminalized violations of local ordinances. "I think the criminal penalty is the most effective in dealing with the situation," she said.

Mayor Pro Tem Jennifer Hensley favored keeping the misdemeanor, saying it could open pathways to services. "It seems better to have the criminal portion in place," she said.

Another council member focused on downtown small businesses. "It's our responsibility to help these business owners," the member said.

The other side: One council member doubted the fine could ever be collected. "It's squeezing blood from a stone to charge someone who's sleeping outside $50," the member said. The same member asked for data on officer interactions to justify the ordinance. Other members asked whether misdemeanor charges would make homelessness worse.

Another member said she would favor a misdemeanor-only approach. She also hesitated to pass enforcement before support services exist. "Where are they supposed to go?" she asked.

Staff did not oversell the ordinance. "This does not and will not solve anything to do with homelessness," said Jenny Floyd of city staff.

Decisions and stakeholder impacts: No action was taken, so the penalty structure remains unsettled. That leaves both downtown businesses near Main Street and 7th Avenue and people sleeping outside facing continued uncertainty. Staff will add language on enforcement and bias-free policing.

What's next: The city manager said a revised draft could return, possibly in December.

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Unhoused Plan Spreads Responsibility Beyond City Hall

Staff presented a draft three-year unhoused strategic plan for first-read feedback. No vote was taken. The plan grew out of the Unhoused Resource Network and a focus group of people experiencing homelessness. Housing is excluded because a separate housing strategic plan covers it.

Why it matters: The plan is meant to be the compassionate counterpart to enforcement. It relies on county, nonprofit and private partners rather than the city alone. "Response to homelessness is not just the city's job," Floyd said.

Where things stand: The plan sets five objectives:
- Reduce chronic homelessness
- Increase prevention
- Formalize the city's response to encampments
- Improve quality of life
- Expand partnerships

Proposed goals include:
- Wraparound services and a multi-departmental outreach team
- Secure mailing addresses
- A medium-barrier shelter, which Floyd described as "somewhere in the middle"
- Hotel reunification
- De-escalation and hazardous waste training
- Access to laundry, showers and waste disposal
- Behavioral health urgent care
- Pursuit of federal Emergency Solutions Grant funding

Staff also put the numbers in context. The January 2025 count of 600 people included hotel stays tied to Hurricane Helene. The typical count averages about 140.

What's next: The city will lead the January point-in-time count, an annual one-night census of people experiencing homelessness. Staff will present the plan to the Henderson County Board of Social Services, the NAACP and the Downtown Advisory Board on Nov. 10.

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$7M Water Line Tied to 378-Job Project

After a public hearing with no speakers, council approved a resolution to apply for a Community Development Block Grant (CDBG). Council also adopted an assessment policy for the Howard Gap Road water loop. Both passed by voice vote; no tally was announced.

Why it matters: The line would improve water reliability and fire flow east of I-26. It also supports Project BERT, a $100M investment. That project promises 378 jobs at a $67,000 average wage, with up to about $2.3M in incentives. At least 60% of the jobs must go to people with low to moderate incomes.

Where things stand: The project calls for about 20,000 feet of 12-inch water line at a cost of a little over $7M. Staff outlined three funding sources:
- About $1.8M from the CDBG grant
- $1.9M from Golden LEAF
- About $3.3M to $3.4M from the Drinking Water State Revolving Fund

The adopted assessment policy sets connection charges at zero.

What's next: The grant application is due Nov. 13. Design is about 30% complete. Bidding is expected next summer, with completion estimated for late 2028.

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Holiday Trash Pickup Shifts, Crews Get Days Off

Council backed a new Environmental Services holiday schedule by voice vote. Crews will no longer collect trash the day after Thanksgiving, on Christmas Eve or on the first workday after Christmas. Instead, pickup moves to the next available business day.

Why it matters: Staff said crews have been working while administrative and fleet staff are off, which creates safety issues. The change gives 16 sanitation workers their holidays. Residents on Monday and Friday routes will also stop losing a full week of collection.

Where things stand: About 57% of customers will see no change at Thanksgiving, and about 43% will see none at Christmas. Members called the change a win-win and noted that staff asked for it.

What's next: The schedule starts with Thanksgiving 2026, so residents should watch for city notices. Staff also previewed two upcoming changes:
- Route optimization software in 2027 that could cut weekly mileage from 276 to about 240
- A new garbage truck funded in the FY27 budget

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Duke Energy Franchise Clears First Reading

Council passed on first reading, by voice vote, an ordinance granting Duke Energy Carolinas a non-exclusive franchise. The new franchise replaces the 1977 agreement, which expires in 2027.

The basics: "A franchise is basically a contract that is adopted by ordinance that gives the public utility permission to operate within the city limits of the City of Hendersonville," Angie said. State law allows franchise terms of up to 60 years and requires two readings.

Why it matters: The franchise defines how Duke uses public rights-of-way and what restoration work it owes. The proposed term is 30 years, followed by automatic year-to-year renewals that can extend it to 60.

Where things stand: Craig DeBruy, Local Government Community Relations Manager for Duke Energy, cited partnerships including EV charging at Patton Park and Helene recovery. He stressed "how much we appreciate the longstanding partnership that we've had with the City of Hendersonville." The city manager thanked Duke for its work on orphan poles and Helene recovery.

What's next: Second reading is planned for Dec. 3.

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• Drakewood annexation: Council annexed about 1.88 acres off Stanwood Lane and Drake Street by voice vote after a hearing with no speakers. The parcel has already cleared subdivision review.
• Appointments: Council made appointments to three advisory bodies and deferred one to recruit more applicants.
• Downtown Advisory Board: Michael Baer (7th Avenue stakeholder) and James Walsh (at-large)
• Historic Preservation Commission: Jim Boyd and Kathy Shipley
• Planning board (reappointed): Tamara Peacock and Laura Flores
• Community Advisory Committee: Deferred to December or January
• Carl Sandburg Home: Superintendent Pipkin of the National Park Service said Helene repairs continue at a site that draws 113,000 visitors. Front Lake Dam remains unrepaired.
• Closed session: Council met privately under G.S. 143-318.11 to discuss economic development incentives.
• Mayor's Memories: City Manager Pauley closed out the series by recalling council's 2023 acceptance of a $100,000 grant for the affordable housing strategic plan.

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Looking ahead:
- Nov. 10: Downtown Advisory Board briefing on the unhoused plan
- Nov. 13: CDBG application deadline
- Thanksgiving: New holiday trash schedule begins
- Dec. 3: Second reading of the Duke Energy franchise
- December (possible): Revised camping ordinance returns
- January: City-led point-in-time count