Attorneys for the city and developer Brinton Simington are trying to resolve a dispute about runoff on the Simington Plaza III on Plank Road near Union Avenue.

The city contends that Simington paved too large an area for the stormwater detention system he built for the project.

Simington contends that the paved area conforms with state requirements, and that should suffice.

The additional paving in question at the back of the property, near Mill Run, may be about 1,000 square feet, according to Simington.

Things can be “worked out,” according to both Simington and city Planning Director Lee Slusser.

“(But) if it goes to court, it goes to court,” Simington said.

Workers paved a larger area on the property than called for in the design of the late engineer David McConnell of Bellock Engineering in Roaring Spring, according to the city.

The workers paved the parking lot on the property after McConnell fell ill and died, they said.

“What (McConnell) designed would have worked,” said senior planner Nic Ardizzone.

The area paved was actually the size that McConnell intended, according to Simington.

The city thinks otherwise out of confusion generated by building measurements on the original plan that were 20 feet short, because of a failure to include a section with wooden, rather than block, walls, Simington said.

There may have been further confusion because of a mistake by the asphalt supplier, which required that the paving be done in two stages, he said.

McConnell’s successor at Bellock has assured the developer that the runoff numbers he’s using are valid, Simington said.

Simington has an occupancy permit and tenants are in the building, although three or four “bays” still need to be inspected, Simington said.

“If we had to do it over again, we probably wouldn’t have granted them occupancy,” Slusser said.

At some point, the project will need an additional approval from the Planning Commission, Ardizzone said.

Simington likened the back-and-forth to “playing tennis with paperwork.”

It’s been costly for him, he said.

“It’s kind of a mess,” Ardizzone said.

“The whole project has been that way,” said commissioner Randy Isenberg.

Mirror Staff Writer William Kibler is at 949-7038.