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Theproposal still needs to win approval at the ballot box, but voters at Wednesday night's special town meeting decided they were willing to pay more in property taxes to help fight the high cost of housing. After a lengthy debate, passage came on a simple voice vote, but it was not unanimous.

In fact, the naysayers had plenty to say as they questioned whether approving the CPA was premature when housing advocates are still waiting on a needs assessment, which promises to quantify the affordable housing dilemma in town and Islandwide. But ultimately, the voices pushing for the CPA were more persuasive.

The CPA proposal, enabled by a new state law, would enact a three per cent surcharge on town property tax bills and that revenue would be matched by the state at a rate of about 75 cents to the dollar. In the first year, the town could raise roughly $225,000. The bite taken out of most taxpayers' pockets would amount to about $57 a year, voters were told.

An amendment to the proposal mandated that at least 60 per cent of the funds be set aside for housing initiatives. According to the CPA legislation, the funds would also have to go toward historic preservation and open space, which includes recreation. At least 10 per cent of the funds would have to be spent in each of those two areas.

But it was the housing issue that took center stage. "If this measure is passed, it would be the first dedicated source of funds for affordable housing," said John Abrams, the building contractor who has helped move this initiative forward.

One of the more impassioned pleas for support of the CPA came from Jeff Parker, a Chilmark resident, who has helped crunch the numbers for the tax surcharge plan. "When I was asked to get involved, my first thoughts went to my son, Mike, who moved nine times in one year here," said Mr. Parker. "He was priced out of the market, and he left. In the end, that whole generation left - young people, artists and musicians."

Several voters asked how the CPA funds would create affordable housing, and Juleann VanBelle, the director of the Dukes County Regional Housing Authority, explained that the funds could be used for rental assistance.

While that was a straightforward answer, some were still skeptical. The town finance committee did not endorse the CPA, and committee chairman Skipper Manter said the surcharge could overburden taxpayers who are already paying off many capital projects and anticipating more in the future. Mr. Manter reminded voters of the recently completed public safety building and the need to renovate town hall and expand the library.

Others worried that the CPA plan was an unproven approach to solving the problem of affordable housing. "The purpose is highly commendable," said Cynthia Riggs, "but the act is flawed. We've heard that this act is flexible and complicated and we don't know what the results will be."

And Don Keller argued that West Tisbury was not nearly as needy for these funds as some other towns in the state. "To take from the rich and give to the poor is altruistic, but there's a bigger picture," he said. "Other communities in the commonwealth are in harder shape than we are."

But Mrs. Sibley challenged Mr. Keller, pointing out that in recent years, Dukes County has ranked as the second poorest in the state in personal income. "In boom times, we've risen up to the median levels, but our cost of living here is 20 per cent higher than the mainland," she said. "We are substantially below the median income in our buying ability. Our need here is as critical as it is in most cities in Massachusetts."

A succession of voters stood up in favor of the proposal. Abbe Burt urged others to take a "selfless" stance and vote for the CPA. And Eileen Maley said passage of the article would show support for Island children and working people.

If voters approve the measure at the ballots, taxpayers would begin seeing the surcharge on tax bills as early as this summer, according to town treasurer and selectman Cynthia Mitchell. Under the plan, the first $100,000 in property valuation would be exempted from the surcharge. Eligibility for housing programs that evolved from a CPA here would be restricted to people earning 100 per cent of the Dukes County median income. Right now, for a family of four, that figure is $53,200.

A committee of between five and nine people would be formed from among town board members. While that committee would plan how to spend the funds, town meeting voters would have the final say about how the money is spent. Aquinnah, Chilmark and Tisbury will all be considering CPA plans in the next few weeks.

In other town meeting action, voters approved a proposal to allow the regional high school to spend $750,000 in state educational aid. The money will go to purchasing textbooks and to renovating school space to deal with an influx of students at the high school that could push enrollment as high as 840 next year.

While voters voiced almost no objection to the plan, finance committee member Sharon Estrella stood up to accuse school leaders of poor budgeting. She said school leaders budgeted for more teachers to lower class size before they had the funding. "You don't spend first and then wonder what's going to happen," she said. "If we all ran our households like that, we wouldn't be here."

School committee member Anna Alley explained that the budget was simply a response to greater numbers of students and the pressure to bring down class sizes. "This year's sophomores must pass the MCAS," she said. "Math and English skills are critical, and there's money involved in this happening."

In an action against a town to recover for the plaintiff's prompt services under a contract to adjust with an insurer the defendant's loss from a fire in late October which had destroyed a wing of its senior high school, evidence showed no "extreme emergency involving the health or safety of persons or property" within G. L. c. 44, Section 31, which warranted the town in incurring liability under the contract without making an appropriation therefor, although it appeared that the junior high school had been destroyed by fire about three weeks before the senior high school fire and considerable readjustment in the school system was necessitated, that after the later fire the selectmen had unanimously voted to declare an emergency so that "the town manager could act to alleviate this situation," that damaged steel beams presented a hazard, and that apart from borrowing the only source of money to rebuild the wing was the insurance proceeds; a verdict for the defendant was rightly directed.

WHITTEMORE, J. The plaintiff in all action of contract in the Superior Court sought recovery for its services in adjusting a fire loss. A verdict was directed for the defendant and the plaintiff's exceptions present primarily the issue whether the contract was valid, notwithstanding the absence of an appropriation, because it was made in a case "of extreme emergency involving the health or safety of persons or property" declared by vote of "a majority vote of all the selectmen" (G. L. c. 44, Section 31, as amended by St. 1955, c. 259). [Note 1]

We state the facts as the jury could have found them. On October 1, 1963, the junior high school in Saugus was destroyed by fire. On October 23, 1963, fire destroyed the east wing of the senior high school. After each fire the selectmen unanimously voted to declare an emergency. The second vote recited that the purpose was so "that the Town Manager could act to alleviate this situation." The first vote had a similar recital. There was testimony that the town manager wanted emergency powers to make temporary repairs and "to rebuild the east wing."

The town manager was the officer responsible for maintenance and repair of buildings, the preparation of plans and the supervision of work on existing buildings and on the construction of new buildings. He had the power to award all contracts. After the second fire he asked the treasurer of the plaintiff corporation to adjust the fire loss. The plaintiff, by its treasurer, agreed to do so for an adjuster's fee of ten per cent if the selectmen approved. They did approve. There was talk between the plaintiff's treasurer, the town manager and the insurance company's adjuster as

to whether the insurance company could pay the loss directly to the plaintiff to permit it to start immediate rebuilding. "In the meantime, it was generally agreed, that the plaintiff corporation should commence adjusting the fire loss immediately."

The plaintiff took the necessary action for adjustment between October 23, 1963, and December 9, 1963, and negotiated "with several contractors, subcontractors, material men and engineers regarding the damage to the east wing . . . and the cost of repairing and replacing" it.

The loss of classroom and other space led to the scheduling of senior high school classes for morning sessions and of junior high school classes in the same spaces for the afternoon, the use of special purpose space as classrooms, the curtailment of curriculum and eventually the conversion of an elementary school to accommodate junior high school students. Bus schedules were rearranged, and special fire drills were held with the coperation of the fire department.

The evidence fails to show that there was an "extreme emergency involving the health or safety of persons or property" in respect of adjusting the insurance claims. The votes of the selectmen were without significance as evidence to establish that such an emergency in fact existed. Continental Constr. Co. v. Lawrence, 297 Mass. 513, 515-516.

The plaintiff refers to the evidence tending to show that damaged steel beams were in a precarious position and, if they fell, they would pull down other parts of the structure, so that for safety they "should be repaired prior to any snow load and snow was imminent." But no significant relation is shown between emergency action to prevent damage from falling beams, and the adjusting of the fire loss.

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