[caption id="attachment_5065" align="aligncenter" width="600"]<a href="http:\/\/pocahontastimes.com\/wp-content\/uploads\/sites\/25\/2014\/08\/DSC_0008.jpg"><img src="http:\/\/pocahontastimes.com\/wp-content\/uploads\/sites\/25\/2014\/08\/DSC_0008.jpg" alt="Durbin Town Council member Mike Vance, right, administers the oath of office to newly appointed mayor Donald Peck at the August 20 special meeting. Peck resigned from the position at the July 8 meeting, leading to a search for a new mayor. S. Stewart photo" width="600" height="341" class="size-full wp-image-5065" \/><\/a> Durbin Town Council member Mike Vance, right, administers the oath of office to newly appointed mayor Donald Peck at the August 20 special meeting. Peck resigned from the position at the July 8 meeting, leading to a search for a new mayor. S. Stewart photo[\/caption]\r\n\r\nAfter operating for a month without a mayor, Durbin Town Council held a special meeting August 20 and appointed Donald Peck to return to the seat. Peck resigned at the July 8 council meeting, citing issues with the way council \u201cruled\u201d the town through ordinances.\r\n\r\nPrior to council\u2019s vote, Peck explained why he resigned and then put his name back into the mix for the seat of mayor.\r\n\r\n\u201cSimply because you get mad,\u201d he said of why he resigned. \u201cThere was an ordinance. We all sat in here hours and hours and approved it. Then they go out and go against it. Why sit here for hours and hours to try to get these ordinances set up where you govern the town, and turn against it?\u201d\r\n\r\nCouncilmember Mike Vance, serving as chairperson of the meeting, cut Peck off while he was speaking and said some of what Peck was saying was not true.\r\n\r\n\u201cI\u2019m going to cut you off there, because a lot of what you say is true but a lot of it the municipal league said is different,\u201d Vance said. \u201cShirley [Tracy] heard what the woman said. The woman exactly said that this is a village, this is not a big city. She said \u2018you live in a small corporation where you all don\u2019t have very many people.\u2019 She said, \u2018you\u2019ve got to work with people there and do whatever to keep the people in the community.\u2019\u201d\r\n\r\nVance added that the woman at the municipal league said the ordinance, which concerns the number of dwellings allowed on lots, needs to be rewritten.\r\n\r\nCouncil received two letters of intent for the position of mayor \u2013\u00a0Donald Peck and Mike Vance. Vance did not vote, leaving four councilmembers to cast votes for mayor.\r\n\r\nCouncil chose the secret ballot method. The first vote yielded two votes for Peck and two blank or abstention votes. Council was in disagreement over how to count the blank votes.\r\n\r\n\u201cThere\u2019s two votes for Donald and zero for Michael Vance,\u201d councilmember Jeremy Bauserman said.\r\n\r\n\u201cThat\u2019s the way you want to consider it?\u201d Vance asked. \u201cAn abstention is the same as voting against him.\u201d\r\n\r\nUnable to come to an agreement, Vance called council lawyer Martin Saffer for guidance.\r\n\r\n\u201cMy understanding of public service is you must vote on every issue and you can\u2019t abstain unless you have some sort of conflict of interest or some sort of legal reason that you don\u2019t vote,\u201d Saffer said on speaker phone. \u201cOtherwise, it is mandatory that a council member or a commission member or any member of a board votes.\u201d\r\n\r\nCouncil voted again with a result of three votes for Peck and one vote for neither. Vance swore-in Peck as mayor.\r\n\r\nCouncil received two letters of intent for the position of town recorder \u2013\u00a0Danielle Findley and Jeremy Bauserman. Findley vacated the seat when she thought she was moving out of the town limits. Due to a change in plans, Findley is now eligible to be recorder once again.\r\n\r\nCouncil voted and Findley received three votes, returning her to the recorder\u2019s seat.\r\n\r\nDurbin Council meets the second Tuesday of each month at 7 p.m. at Durbin town hall.