The fifth time was a charm for Tony DeFeo. After two months of wrestling with the issue, Smyrna Town Council voted 5-1 on Monday night to appoint DeFeo to the vacant seat on council. At each of the previous four meetings of council, DeFeo was nominated for this open seat, but the motion failed each time, usually by 3-3 votes, and the seat remained vacant. But on Monday night, the stalemate ended.