Mr. Larry Morgan of the Planning Department was recognized to comment on the request and to explain the process. He stated that Ms. Sarah Jane Hale has submitted a request for Fox Road LLC to remove approximately 120 graves at the Fox Road Cemetery located on a 37-acre parcel east of Capital Boulevard on the southwest side of the intersection of Fox Road and Sumner Boulevard. The cemetery, which is approximately 0.2 acre in size, is located about 500 feet southwest of the intersection of Fox Road and Sumner Boulevard. The property, which is planned for development, lies within the City of Raleigh’s extraterritorial jurisdiction. The petitioner intends to re-inter the remains of all of the graves within the Sylvia Gardens Cemetery which is located on the north side of NC Highway 42 about one-half mile east of its intersection with NC Highway 39 in the Town of Clayton, Johnston County, NC. The cemetery is approximately 18 miles from the existing site.

The petitioner has satisfied the requirements of the General Statutes, Section 65-13. A private consultant, John Clauser, Jr. was contracted to coordinate the disinterment, removal, and re-interment of the graves. In an effort to identify individuals buried in the cemetery and the next of kin, the petitioner used standard historical archaeological research methods to investigate the cemetery. Site files at the North Carolina Office of State Archaeology and at the Cemetery Survey located in the North Carolina State Archives were checked to determine whether the cemetery had been previously recorded. Periodic city directories for the period were inspected. There was no record of the cemetery in either location. Additional historic maps and the 1870 Fendol Bevers map were studied for indications of a cemetery in the area. No cemetery was found. Deeds were researched prior to 1916 and no reference to a cemetery was found. In the records search no reference to a church in the vicinity was found.

The petitioner conferred with Irene Kittinger with the Wake County Cemetery Survey and she had no knowledge of the cemetery. The petitioner advertised in the News and Observer for four consecutive weeks and no responses were received. Wake County Planning staff posted appropriate notification signs at the site which included contact information and no inquiries were received.

Staff also consulted with Kevin Allen, Historic Preservation Consultant with Capital Area Preservation. He indicated that the cemetery does not have any historic significance.

The factual situation having been presented, Chairman Council announced that anyone desiring to comment on the grave removals would be heard at this time.

Mr. John Clauser, Jr., archaeologist (indicated that he has been unable to locate any next of kin).

There were no comments in opposition.

Thereafter at the conclusion of the public hearing, Chairman Council declared the hearing closed and invited action by the Board.

There was much discussion and concerns raised about the number of graves to be moved, the relocation of the graves to Johnston County, and whether all efforts have been exhausted regarding locating the next of kin and the identification of the cemetery.

Following discussion, and upon of Commissioner Gurley, seconded by Commissioner Jeffreys, the Board approved the request for disinterment, removal and re-interment of graves found in the Fox Road Cemetery. Commissioners Council, Gurley, Jeffreys, Ward and Webb voted aye; Commissioners Bryan and Gardner voted nay.