REGULAR MEETING
The Regular Meeting of Council was held on April 28, 1980 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
PRESENTATION - COLONEL AND MRS. VINCENT MACDONALD - DOVER AIR FORCE BASE COMMANDER
Mayor Legates presented an honorary citizens award and a replica of the City of Dover seal to Colonel and Mrs. Vincent MacDonald, Base Commander of Dover Air Force Base. In behalf of Council and the citizens of Dover, Mayor Legates expressed his appreciation to Colonel MacDonald for the never-failing cooperation extended the City in mutual concerns of the community.
Thanking Mayor and Council for their graciousness, Colonel MacDonald stated that he thought that the City of Dover had the epitome of outstanding government. This was emphasized, he said, during an unprecedented event in American history, relating to the Guayana situation, when outstanding support was received from the City and State enabling the Base to carry out their duties as ordered.
ADDITIONAL AGENDA ITEMS
Mr. Weyandt requested the addition of three emergency agenda items concerning trash disposal, a legislative proposal and personnel and administration.
City Clerk/Treasurer Willis requested an additional emergency agenda item to discuss the upcoming special election, due to the time frame stipulated by Charter and City Code.
MINUTES
The Minutes of the Regular Council Meeting of April 14, 1980 were unanimously approved by motion of Mr. Witt, seconded by Mr. Weyandt and bore the written approval of Mayor Legates.
MUNICIPAL ELECTION RESULTS - APRIL 21, 1980
As certified by the Election Board, consisting of Councilmen Witt and Carey and City Alderman Willis, the following results of the April 21, 1980 Municipal Election were read into the record:
MAYOR Machine Votes Absentee Votes Total
Joseph M. McDonough 1,323 26 1,349
Francis R. Weyandt 1,113 30 1,143
Francis Winsley 197 2 199
FIRST DISTRICT
R.D. (Dick) Bewick, Jr. 1,537 51 1,588
Steve Horvatincic, Jr. 773 12 785
SECOND DISTRICT
John B. Carson 1,504 51 1,555
THIRD DISTRICT
Gregory P. Boaman 1,878 51 1,929
Wallace A. Waite 402 7 409
Bruce W. Walls 198 4 202
FOURTH DISTRICT
James C. Hardcastle 1,749 54 1,803
LIBRARY QUESTIONNAIRE
For 1,226 39 1,265
Against 1,068 19 1,087
Mr. Witt moved for acceptance of the 1980 Municipal Election results, as read, seconded by Mr. Weyandt and unanimously carried.
MONTHLY REPORTS
Chief of Police Report for the Month of March
The Chief of Police Report for the month of March was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Building Inspector & Fire Marshal Report for the Month of March
The Building Inspector & Fire Marshal Report for the month of March was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
City Alderman Report for the Month of March
The City Alderman Report for the month of March was unanimously approved by motion of Mr. Witt, seconded by Mr. Bewick.
General Fund, Cash Receipts Report for the Month of March
The General Fund, Cash Receipts Report for the month of March was unanimously approved by motion of Mr. Bewick, seconded by Mr. Witt.
General Fund, Budget Report for the Month of February
The General Fund, Budget Report for the month of February was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts Report for the Month of March
The Electric Revenue Fund, Cash Receipts Report for the month of March was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of February
The Electric Revenue Fund, Budget Report for the month of February was unanimously approved by motion of Mr. Muir, seconded by Mr. Weyandt.
Electric Improvement & Extension Fund, Receipts & Disbursements - March
The Electric Improvement and Extension Fund, Receipts & Disbursements Report for the month of March was unanimously approved by motion of Mr. Bewick, seconded by Mr. Witt.
Municipal Street Aid Fund, Cash Receipts & Disbursements Report - Jan., Feb. & March
The Municipal Street Aid Fund, Cash Receipts & Disbursements Report for January, February and March was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
CITY MANAGER’S REPORT FOR THE MONTH OF MARCH
Street Lights - Rodney Road
Mr. Witt reported several calls regarding the removal of the granite street light standards on Rodney Road, as did Mr. Bewick and Mr. Weyandt. Speaking to the cost of removal and replacement of the street lights, Mr. Witt requested that the City Manager compile facts substantiating the need for such a conversion.
Mr. Weyandt reported conversations with Mr. Schucker and was informed that a standard and luminaire was installed on the corner of Rodney Road and State Street for display to residents of the area and comments on the design.
Mr. Mogan informed Council that this is a planned improvement of the lighting on Rodney Road. The present lighting is a two wire incandescent system that is obsolete, making it practically impossible to acquire replacement parts. The lighting will be converted to a three wire system with mercury bulbs, facilitating a better living system with less cost of operation and maintenance.
It was Mr. Bewick’s opinion that the new standards were installed on a trial basis. He felt that the residents should be advised before the final conversion is initiated. Mr. Bewick further suggested that additional changes be delayed with an investigation into the possibility of converting the system from a two wire to a three wire, utilizing the present standards.
Mr. Witt moved that further removal of granite standards on Rodney Road be delayed and referred to the Utility Committee for study. The motion was seconded by Mr. Weyandt and unanimously carried.
By motion of Mr. Witt, seconded by Mr. Weyandt, the City Manager’s Report for the month of March was unanimously approved.
J.P. COURT #7 REPORT - MARCH
A check was received from J.P. Court #7 for the month of March in the amount of $10,126.30.
By motion of Mr. Witt, seconded by Mr. Carey, the report was approved as submitted.
PJM POOL AGREEMENT - AMENDMENT
Mr. Mogan stated that further inquiry into the origin of the PJM Pool Agreement Amendment, to be considered by Council, revealed that the amendment effects all pool members and not just the City of Dover. At the present time, the City of Dover is the only entity who has failed to sin the amendment to the agreement.
Answering a further question by Council, Mr. Mogan stated that the Pool initiated the amendment.
Questioned by Mr. Weyandt, Mr. Rodriguez stated that he had not reviewed the amendment.
Mr. Mogan reminded Council of his authorization to engage the services of Charles F. Wheatley Company of Washington, D.C.; that company being legal experts on electrical contracts. Mr. Wheatley has reviewed the amendment and given his approval.
Mr. Hardcastle moved to approve the PJM Pool Agreement Amendment as submitted, seconded by Mr. Carson.
It was noted that the Utility Committee recommended approval.
By a roll call vote of seven (7) yes, one (1) no (Mr. Weyandt), the PJM Pool Agreement Amendment was approved for signing.
PUBLIC HEARING - REZONING - 57.742 ACRES - WEST SIDE OF COUNTY ROAD #104 - RIZZO/CAPALDI
A public hearing was duly advertised for this time and place to consider rezoning 57.742 acres of land, located on the west side of County Road #104 (Kenton Road), owned by Rizzo and Capaldi. Mayor Legates declared the hearing open.
Mr. Nicholas Brown was present to represent Rizzo and Capaldi in the rezoning. Mr. Brown opened the floor for questions, informed Council that the requested R-10 zoning is the most restrictive single family classification.
There were no questions from Council and no correspondence. Mayor Legates declared the hearing closed.
By motion of Mr. Weyandt, seconded by Mr. Witt, Council unanimously adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED ON THE WEST SIDE OF COUNTY ROAD #104 (KENTON ROAD), CONTAINING 57.742 ACRES OF LAND.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-20 to R-10.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to R-10 on that property located on the west side of County Road #104 (Kenton Road), containing 57.742 acres of land, owned by Rizzo and Capaldi.
ADOPTED APRIL 28, 1980
PUBLIC HEARING - REQUEST BY DOVER PLANNING COMMISSION - FORMER RICHARDSON AND ROBBINS PROPERTY - KINGS HIGHWAY - OWNED BY THE STATE OF DELAWARE
A public hearing was duly advertised for this time and place to consider rezoning property located on Kings Highway, formerly known as the Richardson and Robbins establishment, owned by the State of Delaware. Mayor Legates declared the hearing open.
Mr. David Hugg, representing the Office Management of Budget and Planning for the State of Delaware, was present to answer questions of Council.
Mr. Witt asked if the State had any intentions of applying for a zoning change.
Mr. Hugg stated that the State of Delaware contacted Mr. Roe’s office inquiring into the proper procedure of the matter. The State was advised that the City of Dover Planning Commission would handle the rezoning as an administrative matter.
Mr. Witt asked Mr. Roe if the normal fee was paid by the State for the rezoning application.
Mr. Roe informed Council that the State came to his office, making it known that they wished to cooperate with the Planning Commission by presenting the proper papers for the Historic Zone that would consist of architectural review and site plan. Although the State was aware of a court ruling making them exempt from local zoning, they chose to cooperate with the City in any zoning change; therefore, it was Mr. Roe’s opinion that the Planning Commission should reciprocate by handling the rezoning to facilitate conformity with a proper zoning classification.
Questioned by Mr. Witt, Mr. Hayes stated that the loss of tax revenue from the property would amount to over $4,000 per year.
Mayor Legates declared the hearing closed.
By motion of Mr. Bewick, seconded by Mr. Carey, Council by a unanimous roll call vote, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED ON KINGS HIGHWAY.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from M to I0.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from M to I0 on that property located on Kings Highway (formerly the Richardson & Robbins Factory), owned by the State of Delaware.
ADOPTED APRIL 28, 1980
PUBLIC HEARING - AMENDMENT - ZONING CODE - SECTION 5.184 TO SECTION 10 - RECONSIDERATION OF ZONING - ONE YEAR LIMITATION
A public hearing was duly advertised for this time and place to consider an amendment to the Zoning Code, adding section 5.184 to section 10, entitled “Reconsideration, One Year Limitation” for resubmission of zoning requests after denial.
Mayor Legates declared the hearing open.
Questioned by Council, Mr. Roe stated that he did not feel that a one year limitation would create a hardship on persons wishing to reapply for a zoning after denial. Section B of the ordinance provides an escape clause whereby the Planning Commission could recommend a rezoning for Council consideration.
Mayor Legates declared the hearing closed.
By motion of Mr. Bewick, seconded by Mr. Hardcastle, Council by a roll call vote of seven (7) yes, one (1) no (Mr. Witt) adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Zoning Ordinance of the City of Dover is hereby amended by adding a new section to be known as Article 10, Section 5.184 to read as follows:
Section 5.184 Reconsideration, One Year Limitation
(a) Whenever a petition requesting an amendment, supplement, or change has been denied by the City Council, such petition, or one substantially similar, shall not be reconsidered sooner than one year from the date of the prior denial except as provided in subsection (b) hereof.
(b) Notwithstanding the provisions of subsection (a) thereof, the Planning Commission may request Council to reconsider an application within the one year period from the denial of the same if the land use in the area has changed to such a degree that failure to do so would prevent proper planning and development of the area in question.
ADOPTED APRIL 28, 1980
PUBLIC HEARING - REVISED BUSINESS LICENSE FEES & DEFINITIONS - 1980/81
A public hearing was duly advertised for this time and place to consider adoption of revised business license fees and definitions for the year 1980/81. Mayor Legates declared the hearing open.
There was no one present to speak for or against the revised business license fees and definitions and no correspondence.
Mr. Weyandt asked what provisions had been made for vending machines in private businesses solely for the benefit of employees where City stamps might be required.
Mr. Roe stated that this would be an administrative decision where machines will only be taxed if they are available to the public. Stamps will be provided for those machines utilized by the public and no stamps will be required for machines in private businesses, utilized by employees only.
By motion of Mr. Weyandt, seconded by Mr. Witt, Council by a unanimous roll call vote, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Municipal Code is hereby amended by deleting in its entirety, Art. II Sec. 18-33, Sec. 18-34 and Sec. 18-35, and by inserting the following two new sections to read as follows:
Sec. 18-33. Definitions.
(A) Persons engaged in the occupations listed and defined in this section shall pay annual license taxes at the rates specified below. In addition to the annual license fee indicated below each such person shall pay a fee for each additional separate branch or business location.
(1) Advertising Agency includes every person engaged in the business of displaying advertising matter by billboards, posters or circulars, signs or window display or of undertaking the writing or composition of advertisements for other persons on a commission, rental or flat fee basis.
(2) Amusement Conductor includes every person engaged in the business of conducting or maintaining or furnishing on a commission or other basis mechanical devices for entertainment of the general public, for which a charge is made for the use thereof, provided further that an owner of certain of such mechanical devices operated automatically by insertion of a coin or token shall pay an additional license.
(3) Amusement Park Operator includes every person engaged in the business of exhibiting in an open area, park or other open space any 2 or more public amusements such as rides, demonstrations or sideshows or any theatrical performance or musical presentation but not including the conducting or exhibiting of a circus or carnival.
(4) Architect includes every person engaged in the business of designing, planning and technically supervising the construction of any building, edifice or other structural unit.
(5) Art School includes every person engaged in the business of teaching fine arts or the art whose aim is beauty rather than utility, though not necessarily to the exclusion of utility where the two can be obtained.
(6) Attorney at Law includes every individual duly admitted to the bar of any court of this State and engaged in the active practice of such profession, whether self-employed or a member or employee of a law firm or private corporation.
(7) Auctioneer includes every person engaged in the business of crying sales of real or personal property on behalf of other persons for profit, except as otherwise provided by this chapter. Any auctioneer not a citizen of this State shall be required to pay $150 for each event in which he acts as auctioneer. No auctioneer shall be authorized by virtue of the license granted to employ any other person to act as auctioneer in his behalf, except in his own store or warehouse or in his presence, nor shall the term “auctioneer” apply or extend to judicial or executive officer making sales in pursuance of any execution, judgement or decree of any court nor to public sales made be executors or administrators.
(8) Automobile Race Operator includes every person in the business of conducting motor vehicle races for profit, including competition involving all recognized classes of stock, modified or sports car, midget racers, drag racers and every type of motor vehicle in any form of race, competition or time trial; for purposes of this license, motorcycle races shall be included.
(9) Bank, Loan & Trust Co. includes each bank, or building and loan association or trust company.
(10) Barber includes every person operating business of shaving the beard and butting, trimming, washing, waving or otherwise dressing the hair of human beings.
(11) Barber School includes every person engaged in the business of teaching, for a consideration, the art of shaving the beard and cutting, trimming, washing, waving or otherwise dressing the hair of human beings.
(12) Beautician includes any person operating a business of doing work which is generally and usually performed by so-called hairdressers, cosmetologists, beauticians or beauty culturists and however denominated in so-called hairdressing and beauty shops, which work is for the embellishment, cleanliness and beautification of women.
(13) Beauty School or School of Cosmetology includes every person engaged in operating a place or part thereof wherein or whereupon cosmetology or any of its practices are taught, whether such place or establishment is known or designated as a cosmetician, cosmetological or beauty culture school or establishment or by any other name or designation indicating that cosmetology is taught therein to students.
(14) Bowling Alley Operator includes every person in the business of operating public facilities for the sport of bowling.
(15) Broadcasting Station includes every person engaged in the business of transmitting radio or television communications over assigned frequency and wave lengths and subject to the jurisdiction of the Federal Communications Commission.
(16) Broker includes every person operating a business of buying and selling for the account of other persons for a commission or for profit, stock, bonds, currency, negotiable paper, securities and any other intangible personal property.
(17) Car Wash includes every person operating a continuing business or cleaning, washing or waxing motor vehicles for profit and not for charitable or educational purposes.
(18) Certified Public Accountant includes every individual qualified and registered under the laws of the State to practice as a certified public accountant and engaged in the active practice of such profession, whether self-employed or a member or employee of a firm or private corporation.
(19) Cesspool Cleaner includes every person engaged in the business of cleaning cesspools for profit or reward.
(20) Chiropodist and/or Podiatrist includes every person engaged in the practice of caring for the feet of human beings.
(21) Chiropractor includes every person engaged in the practice of treating human ailments by means of muscular or bone manipulation.
(22) Circus Exhibitor includes every person engaged in the business of exhibiting in a tent, arena or other open space, feats of horsemanship, acrobatic stunts, freaks, trained or wild animals and other forms of entertainment commonly known as circus. This paragraph shall not be construed to include any circus or carnival for private profit sponsored by or in which any fire company of the State or any fraternal, veteran’s or religious organization shall share in the profits. The license fee for such circus or carnival shall be $50.
(23) Commercial Sign Business includes all persons engaged in the business of outside sign advertising business consisting of the erection, construction, maintenance or leasing of outside signs, bulletin boards and poster boards shall pay the license fee therefor.
(24) Coin Operated Amusement Machine Owner includes any person engaged in the business of owning and operating on his own account or by his agent, or leasing to or placing with another on a commission or other basis any coin operated machine, device or table upon or by means of which games are played by the general public for amusement and entertainment, but not for the purpose of obtaining any money or other thing of value.
(25) Coin Operated Vending Machine Owner includes any person engaged in the business of owning and operating on his own account or by his agent, or leasing to or placing with another on a commission or other basis any coin operated vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price operates or may operated for the emission of goods or services. Coin operated stamp vending machines owned by the United State Government and any pay telephones shall be exempted from any taxation.
(26) Cold Storage Plant Operator includes any person engaged in the business of owning and operating on his own account or by his agent, any house or room used for the storage or preservation of food for a period of thirty (30) days or more in which ice, refrigerating machinery or other artificial means of cooling are used.
(27) Dancing School includes every person engaged in the business of using any room, place, or space for the purpose of holding classes in dancing and where instruction in dancing is given for hire.
(28) Dentist includes every person qualified under the laws of the State to practice dentistry and engaged in active practice of such profession.
(29) Dental Lab - includes any person engaged in the business of preparing dental work for dentists by prescription.
(30) Direct Mail Service - includes any person engaged in the business of sending or receiving mail without any other transaction being conducted at that location other than direct mail information.
(31) Distributor - includes every person engaged in the business of distributing samples, handbills or posters for compensation or on commission.
(32) Drayman or Mover - includes every person operating a business of transporting for profit tangible personal property of other persons.
(33) Eating Establishment and/or Eating Establishment Operator - includes any restaurant, coffee shop, cafeteria, short order café, luncheonette, tavern, sandwich stand, soda fountain, drink stand and all other public eating establishments where food is prepared, handled and served to the public at wholesale or retail prices or for no price at all, as well as kitchens and other places in which food is handled or prepared for sale elsewhere to the public, provided that food processing and distributing establishments that do that sell prepared food to the public directly are not included. “Eating establishment operator” includes any person engaged in the business of operating a public place for the sale of food prepared or consumed on the premises for the accommodation of casual visitors.
(34) Employment agent - includes every person operating, for profit, a business of hiring laborers or securing positions for other persons to be employed within the limits of the State.
(35) Entertainment agent - includes every person engaged in or holding himself out to do the business of collecting fees or commissions or other payments for himself or another or others for the exercise by another of the privileges of furnishing musical entertainment for the general public.
(36) Finance or small loan agency - includes every person engaged in the business of lending money, with or without security, to other persons, with repayments of the loans to be made by installments or otherwise but shall not include, either in reference to future or past transactions, banks or trust companies.
(37) Floor show operator - includes every person engaged in the business of conducting or maintaining or exhibiting in his place of business entertainment of the type commonly known as a floor show by 1 or more entertainers, paid or otherwise, including members of such orchestra; provided further, that conduct of the business of floor show operator as defined herein shall not render the person liable for a license as a showman under this section.
(38) General Repairman - includes every person operating a business of repairing, reconditioning or otherwise restoring to useful service personal property of every kind and description no otherwise provided for under this section.
(39) Gas, Light, Power Co., Cable T.V. & Telephone Co. - includes the license fee as required by section 35-53; provided, however, that this license does not cover sales of appliances or equipment for which a separate license shall be required.
(40) Health spa or health club - includes every person engaged in the business of operating private health, weight control or physical culture facilities designed to establish and maintain the optimum weight or physical conditioning of other persons.
(41) Hotel - includes every person engaged in the business of operating a place where the public may, for a consideration, obtain sleeping accommodations and meals and which, within City limits, has at least 10, and in any place, at least 6 permanent bedrooms for the use of guests.
(42) Income Tax Consultant - includes every person, not licensed as an attorney or accountant under this section engaged in the business of providing federal or state income tax assistance to other persons for a fee.
(43) Incorporator - includes every person operating a business or procuring corporate charters or acting as resident, registration or transfer agent of domestic corporation, except attorneys-at-law having a license to practice such profession in this State.
(44) Insurance adjustor office - includes any person engaged in the business of settling claims for any Insurance Company or for any other purpose where insurance is involved and a fair appraisal must be made of the loss, injury or damage.
(45) Junk Dealer - includes every person engaged in the business of buying and selling old iron, brass, lead, copper, or other metals, or combinations thereof, paper, old automobile tires, secondhand personal property of any kind or description whatever, commonly known as junk, and who is not a salvage yard operator as defined in this section.
(46) Laundry operator - includes every person engaged in the business of operating a laundry and/or of securing goods or fabrics to be so laundered, whether the actual work of laundering such goods or fabrics is done within or without the State.
(47) Linen supplier - includes every person actively engaged in holding himself out to do the business of supplying, furnishing or making available coats, caps, aprons, uniforms, towels, dresses, diapers, industrial wipers, smocks, linen or other like articles and laundering and otherwise renewing such supplies for profit.
(48) Manicurist - includes every person operating a business of caring for the appearance of hands.
(49) Manufacturer’s agent or representative - includes every independent contractor in the business of representing 1 or more manufacturers for purposes or promoting the sale of the goods, product or line of goods or products of such manufacturer or manufacturers within the City.
(50) Mercantile agency or collection agency - includes every person operating a business or investigation of financial ratings and credit and/or the collection of commercial accounts for other persons, except attorneys-at-law having a license to practice such profession in this State.
(51) Modeling or charm school - includes every person engaged in the business of teaching or who holds himself out as capable of teaching modeling, charm, poise or personal appearance to other persons of either sex. It includes courses in public speaking conducted for profit.
(52) Motel - includes every person engaged in the business of furnishing for a consideration, transient guests with sleeping accommodations, private bath and toilet facilities, linen service and a place to park an automobile and who is not in the business of operating a hotel or tourist home as defined in this section.
(53) Motion picture theater - includes every person engaged in the business of displaying motion pictures for public entertainment, regardless of the physical location of the projection facilities, and shall include drive-in theaters.
(54) Motor vehicle serviceman - includes every person operating a business of repairing, rebuilding, repainting or otherwise reconditioning motor vehicles or their parts.
(55) Music School - includes every person operating a business of teaching music to 20 or more pupils for a consideration. It includes the teaching of musical composition as well as the instruction in the use of musical instruments.
(56) Nursing, rest or convalescent home (private) - includes every person engaged in the business of operating any institution, building or agency in which accommodation is maintained, furnished or offered for any fee, gift, compensation or reward for the care of aged, infirm, chronically ill or convalescent persons.
(57) Optometrist - includes every person qualified under the laws of the State to practice optometry and engaged in active practice of such profession.