CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 17, 2012

Esther Howland Chamber

Convened: 7:04 P.M.

Adjourned: 8:48 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Tony Economou William J. Eddy
Michael J. Germain Konstantina B. Lukes
Joseph C. O'Brien Philip P. Palmieri City Clerk
David J. Rushford
Sarai Rivera Frederick C. Rushton
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER - ALL SAINTS CHURCH CHOIR

3.

ROLL CALL - All present with the Mayor in the Chair except for Councilor Lukes who arrived at 7:18 P.M.

4.

APPROVAL OF THE MINUTES

4a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of January 3, 2012.

Attachments

Order adopted

 

5.

ITEMS OF CITIZEN INTEREST

5a.

Mayor Petty recognized Colin Rose, a Doherty Memorial High School Senior and a member of Boy Scout Troop 114 at First Congregational Church in Shrewsbury, who was in attendance and working on his Citizenship Merit Badge.

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Marek Golemo request light pole in front of 78 Heywood St. be moved.

Attachments

Referred to Public Service and Transportation Committee

 

7b.

Eva Postol request Denny St. be resurfaced.

Attachments

Referred to Public Works Committee

 

7c.

Richard & Elizabeth Molinari request abatement of street betterment assessment #25018 in the amount of $9,928.80 for Woodcliffe Ave.

Attachments

Referred to Public Works Committee

 

7d.

Robert Mailloux request sidewalk repair in front of 98 Elm St.

Attachments

Referred to Public Works Committee

 

7e.

Brendalix Acevedo request sidewalk repair in front of 8 Charlton St.

Attachments

Referred to Public Works Committee

 

7f.

Ronald Donnelly of CBRE Facilities request two "No Parking" signs on each side of the entrance at 40 Crescent St.

Attachments

Referred to Traffic and Parking Committee

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
 

8.2

APPOINTMENTS
City Council Confirmation
 

8.3

DEPARTMENT OF HUMAN RESOURCES
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Transmitting Informational Communication Relative to the Creation of a City Youth Council.

Attachments

Councilor O'Brien moved to suspend the rules to allow a person to speak. Mayor Petty recognized Tanya Dubois who as a leader and mentor for Y4D4, a youth civic engagement group, spoke in support of the establishment of the Youth Council. Referred to Youth, Parks and Recreation Committee

 
B.

Recommend Adoption of an Order to Dispose of the Tax Title Property Located at 9 Davis Street.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
C.

Recommend Adoption of an Order to Dispose of Tax Title Property Located a 1 King Terrace.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
D.

Recommend Adoption of a Resolution to File and Accept an Employer Engagement in Youth Employment Programs Grant from the Commonwealth Corporation.

Attachments

Resolution adopted

 
E.

Transmitting Informational Communication Relative to the Potential Closing of Local United States Postal Service Facilities.

Attachments

Placed on file

 
F.

SUPPLEMENTAL: Request Certain City Council Actions in Regard to the CitySquare Downtown Development Project.

Attachments

Mayor Petty invited Chief Development Officer Timothy McGourthy to give a presentation of the CitySquare Development Project. Referred to Economic Development Committee for hearing to be held on January 31, 2012

 
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

8.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

8.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to Adding Businesses to the Back Flow Replacement Program.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to Land Taking on Brightwood Avenue & Allston Avenue.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
C.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Upper Blackstone Water Pollution Abatement District (UBWPAD).

Attachments

Referred to Public Works Committee

 
 

8.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

8.9

FIRE DEPARTMENT
A.

Recommend Approval to Temporarily Amend the Table of Organization for the Worcester Fire Department by Ten (10) Additional Firefighter Positions in Anticipation of Upcoming Retirements/ Vacancies.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Germain absent) Councilor Eddy moved for reconsideration - Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays.

 
 

8.10

POLICE DEPARTMENT
A.

Recommend Adoption of an Amendment to the Fiscal Year 2012 Table of Organization of the Worcester Police Department to Realign Clerical Staff Assigned to the Chief's Office and Records Bureau.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 
 

8.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
A.

Recommend Adoption of a Resolution to File and Accept a FFY11 Metropolitan Medical Response System (MMRS) Grant from the U.S. Department of Homeland Security through the MA Executive Office of Public Safety and Security (MEOPSS).

Attachments

Resolution adopted and Referred to Public Safety Committee for informational purposes only.

 
B.

Recommend Adoption of a Resolution to File and Accept a FFY 2009 Emergency Management Performance Grant (EMPG) "Supplemental" Through the Massachusetts Emergency Management Agency (MEMA).

Attachments

Resolution adopted and Referred to Public Safety Committee for informational purposes only.

 
C.

Recommend Adoption of a Resolution to File and Accept a FFY 2012 U.S. Department of Transportation (DOT) Hazardous Materials Emergency Preparedness (HMEP) Planning Grant from the Massachusetts Emergency Management Agency (MEMA).

Attachments

Resolution adopted and Referred to Public Safety Committee for informational purposes only.

 
 

8.12

LICENSE COMMISSION
 

8.13

LAW DEPARTMENT
 

8.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

8.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

8.16

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

8.17

DIVISION OF PUBLIC HEALTH
 

8.18

DIVISION OF ELDER AFFAIRS
 

8.19

WORCESTER PUBLIC LIBRARY
A.

Recommend Adoption of a Resolution to Accept with Gratitude a Gift of Ten Thousand Dollars and No Cents ($10,000.00) from the Francis A. and Jacquelyn H. Harrington Foundation to the Worcester Public Library Foundation.

Attachments

Resolution adopted with gratitude

 
B.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of Three Hundred Seventy Five Dollars and No Cents ($375.00) from the Friends of the Worcester Public Library for the Purpose of Employee Public Service Recognition.

Attachments

Resolution adopted with gratitude

 
 

8.20

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
 

8.21

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

8.22

PUBLIC SCHOOL DEPARTMENT
 

8.23

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

8.24

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

8.25

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

8.26

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

8.27

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

8.28

FINANCE ITEMS
Capital Transfers
A.

Recommend that Two Million Dollars And No Cents ($2,000,000.00) be transferred from Loan Account #41C301, Street Construction, and be appropriated to DPW Account #41C799, Street Resurfacing, to allow for the payment of current and future obligations.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
B.

Recommend that Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) be transferred from Loan Account #91C7151A, Dam Rehabilitation, and be appropriated to DPW Account #41C707, Dam Safety, to allow for the payment of current and future obligations per the cash flow procedure.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
C.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Loan Account #91C7841A, Park Improvements, and be appropriated to Parks Account #72C70206, Logan Field, to allow for contractually obligated payments.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
D.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C7452H, Sewer Construction, and be appropriated to DPW Account #44C764, Sewer Pumping Station Capital Program, per the cash flow procedure.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
E.

Recommend that Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) be transferred from Loan Account #91C7391A, Sewer Drainage, and be appropriated to DPW Account #44C761, Surface Drainage, to allow for the payment of current and future obligations.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
F.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from various accounts and be appropriated to DPW Account #45C720, Water Mains, to allow for the payment of current and future obligations.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
G.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C7371A, Water Meters, and be appropriated to DPW Account #45C794, Water Meters, to allow for the payment of current and future obligations.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
H.

Recommend that Three Hundred Thirty One Thousand Two Hundred Fifty Dollars And No Cents ($331,250.00) be transferred from Loan Account #91C7342A, Sewer Capital Equipment, and be appropriated, when and as received, to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of this equipment per the cash flow procedure.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
I.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Loan Account #91C741, Traffic Improvements, and be appropriated to DPW Account #41C794, Salisbury Street Improvements, to allow for the payment of anticipated obligations associated with this capital project.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
J.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7242A, Traffic Signal Equipment, and appropriated to DPW Account #40C704, Traffic Signals, to allow for the purchase and payment of anticipated new equipment per the cash flow procedure.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
K.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C7842A, Parks Coes Reservoir, and be appropriated to Parks Account #72C70229, Coes Reservoir, to fund contractually obligated payments.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
L.

Recommend that Twenty Five Thousand Two Hundred Dollars And No Cents ($25,200.00) be transferred from Loan Account # 91C784, Park Improvements, and be appropriated to Parks Account # 72C704, Bear Brook to allow for contractually obligated payment.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
M.

Recommend that Sixty Nine Thousand Five Hundred Thirteen Dollars And No Cents ($69,513.00) be transferred from Loan Account # 91C7802A, Capital Equipment , and be appropriated, when and as received, to Parks Account # 72C701, Parks Equipment to allow for the purchase and future payment of a new dump truck and pick up truck.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
N.

Recommend that Twenty Two Thousand Seven Hundred Fifteen Dollars And Sixty Five Cents ($22,715.65) be transferred from Loan Account # 91C7800A, Capital Equipment, and be appropriated, when and as received, to Parks Account # 72C701, Parks Equipment to allow for the purchase and future payment.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
O.

Recommend that Eight Thousand Dollars And No Cents ($8,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #11C702, City Messenger Building Rehabilitation, to provide funding for various electrical work in City Hall.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
P.

Recommend that Eleven Thousand Five Hundred Sixty Six Dollars And No Cents ($11,566.00) be transferred from Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #27C701, Communications Capital Equipment, to fund the repair and installation of ice shields at the Paxton Radio Site.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
Q.

Recommend that Four Thousand Eight Hundred Fifty Seven Dollars And Thirty Three Cents ($4,857.33) be transferred from Loan Account #91C7802A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #41C703, DPW Capital Equipment, to allow for the purchase and future payment of vehicle repair equipment.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
R.

Recommend that Twenty Six Thousand Seven Hundred Sixty Dollars And Ninety Six Cents ($26,760.96) be transferred from Loan Account #91C7311A, Water Capital Equipment, and be appropriated, when and as received, to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of filtration plant equipment.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, O'Brien, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - Lukes) (Germain absent)

 
S.

Recommend that Forty Eight Thousand Five Hundred Dollars And No Cents ($48,500.00) be transferred from Account #91C7802A, Capital Equipment and appropriated to Account# 28C701, when and as received, to purchase departmental equipment.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
T.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Account #663-96000, Health Insurance, and appropriated to Account # 250-97000, Police Overtime, to address projected deficit in the police overtime account.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Lukes, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - O'Brien) (Germain absent)

 
 

8.29

FINANCE ITEMS
Operational Transfers
A.

Recommend that Twenty One Thousand Four Hundred Twenty Nine Dollars And No Cents ($21,429.00) be transferred from Account #359-75, Reserve for Appropriation Airport OPEB, and be appropriated to Account #663-96000, Health Insurance, to provide funding for fiscal year 2012 second quarter health insurance expenses for Airport retirees.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 
B.

Recommend that Seven Hundred Eighty Nine Thousand Fifteen Dollars And Fifty Cents ($789,015.50) be transferred as follows so as to provide sufficient funding for the Off-Street Parking Program for the Third Quarter of Fiscal Year 2012:

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 
C.

Recommend that One Hundred Thirty Five Thousand Four Hundred Seventy Dollars And No Cents ($135,470.00) be transferred from Account #260-91000 , Fire Personnel Services , to Account #260-92000 , Fire Ordinary Maintenance to pay for costs associated with the recruit class slated for April 1, 2012 .

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Germain absent) Councilor Eddy moved for reconsideration - Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays.

 
 

8.30

FINANCE ITEMS
Prior Year
 

8.31

FINANCE
Loan Orders
 

8.32

MISCELLANEOUS AGENDA TRANSMITTALS
A.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Triage Center.

Attachments

Referred to Public Health and Human Services Committee

 
9.

TABLED ITEMS

9a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri and State Representative Vincent Pedone request to install a trailer truck ban in Mulberry St. between Shrewsbury St. and East Central St.: recommend the passage of the accompanying proposed Ordinance. (Tabled - Petty June 8, 2010)

Attachments

No Action Taken

 

9b.

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support Senate Bill 610, an act protecting condominium owners filed by Senator Harriette Chandler and Senator Richard Moore. (Tabled - O'Brien July 19, 2011)

Attachments

No Action Taken

 

9c.

ORDER of Mayor Joseph C. O'Brien - Request City Manager report to City Council concerning the legal authority that college police officers have in patrolling non campus areas of the city and in questioning non-students as part of off campus patrols. (Tabled - O'Brien September 6, 2011)

Attachments

No Action Taken

 

9d.

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support of the Administrationís efforts to negotiate the maximum hiring of local residents in Tax Increment Financing agreements and other tools used to attract business and to expand our tax base. (Tabled - O'Brien September 13, 2011)

Attachments

No Action Taken

 

10.

NEW BUSINESS UNDER SUSPENSION OF RULES

10a.

Motion Rushton @ #8.4F CM - Request City Manager provide City Council with a historical perspective concerning the CitySquare Development Project that includes the methods of financing each cost and the projected revenues for each amendment from the beginning with amendment 1 through the various layered amendments along the way.

Attachments

Order adopted

 

10b.

Motion Palmieri @ #8.4F CM - Request City Manager report to City Council Vanguard's plans for the development of their cancer center.

Attachments

Order adopted

 

10c.

Motion Lukes @ #8.4F CM - Request City Manager use the future site of Notre Dame des Canadiens church as a crowd sourcing project on the city's web site.

Attachments

Order adopted

 

10d.

Motion O'Brien @ #8.4A CM - Request Mayor Petty invite the members of the City Youth Council to participate in the next Mayor's Civic Academy.

Attachments

Order adopted

 

10e.

Motion Rivera @ #8.4A CM - Request City Manager consider including youth leaders and people actively working with young children in the design of the training and curriculum for the City Youth Council.

Attachments

Order adopted

 

10f.

Motion Rivera @ #8.4A CM - Request City Manager report to City Council how residents will be selected to serve on the City Youth Council.

Attachments

Order adopted

 

10g.

Motion Rivera @ #8.4A CM - Request City Manager provide City Council with a progress report concerning the creation of the City Youth Council within 30 days.

Attachments

Order adopted

 

10h.

Motion O'Brien @ #8.4B & 8.4C CM - Request City Manager require the Davis Street lot be fenced appropriately when disposing of the property. Further, request City Manager inform City Council when the fence is install.

Attachments

Order adopted

 

10i.

Motion O'Brien @ #8.4B & 8.4C CM - Request City Manager request the nursing home at Queen Street turn their existing cameras to include the new parking lot and part of Castle Hill Park tennis courts.

Attachments

Order adopted

 

10j.

Motion Lukes @ #8.7C CM - Request City Manager provide City Council with a copy of the legal ruling concerning the appeal by the UBWPAD regarding the opposition to the nutrient limits of phosphorous and nitrogen in the EPA's 2008 permit.

Attachments

Order adopted

 

10k.

Motion Toomey @ #8.7C CM - Request City Manager provide a report regarding any actions Worcester water users can do to keep down the phosphorous and nitrogen levels in the discharges to the UBWPAD treatment center.

Attachments

Order adopted

 

10l.

Motion Rushton @ #8.19B CM - Request City Manager invite the members of the Harrington Family to a City Council meeting to give special thanks for the major donations they have made to the City of Worcester.

Attachments

Order adopted

 

10m.

Motion Lukes @ #8.19B CM - Request City Manager provide City Council with a report regarding the inventory of the vehicles in the Department of Public Works & Parks, including their age and condition.

Attachments

Order adopted