Supervisors scrutinize VDOT request for gift of 1.5-acre parcel to complete ROW acquisition for Rockland Road RR flyover bridge

A light meeting agenda of the Warren County Board of Supervisors Tuesday morning, March 1, at 9 a.m., led to back-to-back work sessions ending at 1:13 p.m. and 3:30 p.m., respectively that afternoon. The meeting consisted of a 16-item Consent Agenda, a VDOT report, and board and staff reports, prior to a Closed Session adjourned to at 10:40 a.m.

Closed Session topics included personnel matters regarding the WC EDA and Northwestern Community Services Boards of Directors; legal matters surrounding WC EDA civil litigation versus Jennifer McDonald; the dueling WC EDA litigations with the Town of Front Royal; and “other potential claims” and “possible liabilities of the EDA”, as well as “recovery of EDA funds and assets, and the outstanding indebtedness of the EDA.” At the suggestion of County Administrator Ed Daley one additional topic was added regarding “a claim against the airport”. That addition likely references Nicolas Chaillan’s recent allegations of mismanagement and misuse of the County’s airport property by Airport Manager Rock Scowbo.

The Closed Session adjourned at 11:55 a.m. after which on a motion by Delores Oates, seconded by Vicky Cook, by a 4-0 vote, Walt Mabe absent, EDA Board member Jorie Martin was appointed to a second term ending Feb. 28, 2026. The open meeting was adjourned at 11:56 a.m. without further business and it was on to work session number one.

That work session focused on VDOT projects, including a VDOT Right Of Way (ROW) request for gift of a 1.51-acre portion of County property in Rockland Park to facilitate the construction design for the “flyover” traffic bridge over the railroad tracks headed in and out of the Virginia Inland Port; and the county’s Six-Year Plan and possible adjustments to that plan for future road improvements.

VDOT’s Ed Carter, at podium, and Liz Carter, near Power Point screen map of Rockland Rd. RR Flyover Bridge project, explain financing, including $15.5-million in federal grant funding through the National Maritime Administration (I know, we’re in the mountains, but it has to do with rail access to the Va. Port Authority’s Inland Port distribution center); and VDOT’s request of County gift of a 1.5-acre adjacent portion of Rockland Park needed to complete ROW acquisition for the project design. Below, a closer look at the project area. Royal Examiner Photos by Roger Bianchini

And while the Rockland flyover has been a long-discussed and desired project to facilitate too-frequent backed up train traffic blockages of Rockland Road to area residential, school bus, and emergency services traffic flow, the fact that the Norfolk Southern Railroad operator of those trains seems to be skating on any financial liability for the project was a sticking point for some supervisors, particularly North River Supervisor Oates, in whose district the project lies. Referencing the width of the planned Flyover having been expanded to facilitate a third rail line being added, Oates commented of a financial arrangement she already called “a hard pill to swallow” – “That adds insult to injury.”

However, pointing out that a great deal of grant money was made available for the Rockland Flyover project through the National Maritime Administration due to the Inland Port as the destination for the bulk, perhaps all, of the backed-up train traffic, County Administrator Daley injected the observation, “This is a bargain,” to the conversation. The Inland Port is part of the Norfolk-based Virginia Ports Authority and its distribution of goods both domestically and internationally.

The “bargain” aspect was outlined in the agenda staff summary of the project and its funding. “That right-of-way is equal to 1.515 acres. At this time, VDOT is requesting the right-of-way be donated to the County for this project. This would be the County’s contribution to the project. VDOT representatives have explained to staff that the total cost of the project is approximately $27 million. The federal grant will cover $15.5 million and VDOT is responsible for the remainder of the funding.” Work session discussion also noted that of the total project cost of $27 million, $19,824,392 was the actual total cost of construction.

North River Supervisor Delores Oates wanted to know why railroad operator Norfolk Southern didn’t have any financial liability for the flyover project. Below, County Administrator Ed Daley pointed out the requested VDOT 1.5-acre ROW gift would be the County’s contribution to a $27-million project – ‘This is a bargain,’ Daley told the board of the requested parcel gifting. The board deferred a decision to its March 15 meeting.

While construction is slated to begin in late 2023, with a tentative completion date is November 2025, VDOT officials noted that in order to keep the project on schedule a decision on the County ROW gift of the 1.5 acres was needed by March 15, the date of the supervisors meeting.

While the financial aspect of this railroad flyover project is taken care of to the County’s benefit due to all the federal grant money made available due to the involvement of train traffic in and out of the Inland Port, Board Chair Cheryl Cullers worried how the County would be able to fund similar projects at other recurring railroad crossing blockage sites in the county, including one in her district. But with all being asked of the County on this one being the donation of the 1.5-acre adjacent parcel of Rockland Park, it would appear that funding access discussion will be one for a day other than March 15, 2022.

VDOT’s Ed Carter, left, and Matt Smith (not the Dr. Who one), go over VDOT criteria for favorable outcomes to County submissions for VDOT funding contributions to the 6-Year Plan on countywide road upgrades – a high traffic count and facilitation of economic development ranked high. As it stands, an estimate of annual costs to the County for implementation of its 6-Year Plan was $112,000.

See this Rockland Flyover work session discussion, as well as VDOT input on the County’s Six-Year Road Plan, as well as the open meeting reports and Consent Agenda vote, in the County video.

The second work session overview of the status of the County’s Fiscal Year-2022/23 budget process was convened in the adjacent caucus room without video capabilities.