The Freeport Town Council was scheduled to conduct a public hearing on amendments to the street excavation this week, and then vote on the proposed amendments.

The council meeting on Tuesday was held after the Tri-Town Weekly publication deadline.

One of the two street excavation ordinance amendments, proposed by the Ordinance Committee, would put teeth into the town’s road postings. Town Manager Peter Joseph said Monday that Freeport never adopted state provisions for road postings, and that by doing so, police would be able to assess fines against people who operate vehicles that are heavier than the amount listed in the road postings. Joseph said that, typically, the town posts roads in the springtime, when roads are frozen in the morning but become soft as temperatures increase later in the day.

“This is a result of complaints that we have had,” Joseph said. “They come from residents and contractors who obey postings, and see others violate them.”

The penalty for first and subsequent offenses would be $300.

“The police department will have discretion,” Joseph said. “Random occurrences and repeat violaters are two different stories.”

A typical road posting would limit the weight of vehicles to 23,000 pounds or less, Joseph said. Permits would be needed for exceptions, he said, unless those vehicles are delivering essentials such as heating oil, groceries, bulk feed for animals or are being used for sewage removal.

Councilor Sarah Tracy, chairwoman of the Ordinance Committee, said that the idea is to strengthen the town’s enforcement power.

“We have had in the past some companies or entities that have not followed the road postings,” Tracy said.

The Town Council was to consider two aspects of the excavation ordinance amendment. In addition to the road postings, the council was set to vote on an amendment that would give the town an option on mandating that local utilities, as well as Central Maine Power Co., Maine Natural Gas and Maine Water Co., put money is escrow prior to digging up roads in town. As the ordinance stands, the town holds in escrow 90 percent of the cost of a project, and the balance is a town fee, Joseph said.

“There is a cost with staff time to review and assess these accounts,” Joseph said. “We’re removing this for utilities that are fixed businesses in town. They’re all here, they’re not going anywhere and we’re not having any collections problems with these utilities. The town will have the option to waive escrow deposits if the utility is in good standing with the town. It’s a different story with private contractors.”

Tracy noted that the waiver will be at the town’s discretion.

The Freeport Town Council voted on amendments to the street excavation ordinance on Tuesday night, Sept. 20.