>> the one we are most concerned about is the person in charge not having the knowledge we expected to have. the other violation is a direct result of this. reporter: the city health is a voluntary shutdown, but the sweet green rotation -- location will not be allowed to re-open until it passes inspection. two months ago, another city inspection led to sweetgreen's bolyston street that is notable, because the tub city inspector says throughout the city of boston, within a typical year, there are typically fewer than a handful of closures. live in boston, david bienick, wcvb newscenter 5. ed: right now, police in waltham are investigating a deadly crash. two people were struck, one was killed. todd kazakiewich is in waltham.

at this point, the cause of the crash is under investigation. what we know for sure is the two men were in the crosswalk behind me when they were struck. the crash happened before sunrise here in waltham. the suv involved sustained heavy front-end damage. when rescuers arrived, they say one man was lying in the street faced down, that was a 65-year-old waterstone man who succumbed to his injuries. he was thrown by the impact. the otr recover. police spent much of the morning collecting evidence and looking for the cause of the crash. >> it was prior to sunrise, so lighting could have been effective. however, that will have to be investigated further. reporter: the driver of the suv is a 60-year-old man from waltham. he stayed on the scene to cooperate. at this hour, he is not facing charges, so his name is not being released.

art notifying next of kin before releasing his name. back to you. j.c.: taking a live look at the boston skyline. how cool is that? a little theory -- eerie. harvey: it is only 60 degrees at logan airport. j.c.: no record, i guess. harvey: not even close. but it is like 83 in springfield. eerie. the fog will be moving out. boston will have this weird thing of jumping up in temperature. let's show you some other stuff. the visibility, three quarters of a mile from logan airport. look at the visibility south and west. it is fine. here's the deal. light easterly winds from boston are trying to keep low clouds

where the wind has gone southwest below the front, it is really summerlike. boston in winthrop, 60 degrees. you jumped to 68 in somerville. 69 in watertown. when you go south and rest -- west, 78 providence. 76 in plymouth. the warm air is moving northward, but we will lose the opportunity for sunshine in about an hour. the temperature will jump up this evening, anen it will be a very summerlike night. what boston didn't get today -- tonight, we will get tomorrow. we will talk about the changes. j.c.: thanks. commitment three weeks to 2016, election day and donald trump is still stirring up doubts about integrity at the polls. and his claims have president obama fired up. our maria stephanos is here with the president's criticism of the gop candidate. maria? reporter: president obama was in

donald trump over his talk of what he's going to call a rigged election. president obama: whenever things are going badly for you lose, you start blaming somebody else. then you don't have what it takes to be in this job. i would advise mr. trump to stop whining and try to make his case to the voters. reporter: the president went on to say that trump's claims are not based on facts. he says complaining before the the game is over calls io question trump's toughness to be commander-in-chief. he's also stressing that elections are run by state and local officials who come from both major political parties. donald trump just wrapped up a rally in colorado springs about an hour ago. he told supporters he doesn't believe in the polls anymore, pointing the finger right at the media for trying to discourage his supporters from going out to vote, saying it's the media fueling the corruption. donald trump: they even want to try and rig the election at the

cities are corrupt, and voter fraud is all too common. then they criticize us for saying that. we have even republicans, that is such a terrible thing to say. take a look at philadelphia. take a look at chicago. take a look at st. louis. take a look at some of the cities where you see things happening that are hernandez -- horrendous, and if you talk about them, they say bad things about you. reporter: trump also went on to tell tt constitutional amendment to impose term limits on members of congress. he says those limits should be part of a bigger plan to drain the swamp of washington corruption, which he says hillary clinton is part of. speaking of hillary clinton, the 19 cap is coming out saying trump is warning of a rigged election simply to distract from bad press about his treatment of women. j.c.? j.c.: hillary clinton has been out of the public eye preparing for the final presidential

today, we got a glimpse of her as she boarded her plane to head to las vegas. her campaign is expanding efforts in the red states of arizona, utah and georgia. and we just learned hillary will be back to campaign in new hampshire with elizabeth warren on monday. ed: take a look at where the two candidates will face off the third and final time before the face off. -- the election. the venue at the university of nevada in las vegas putting the final touches in place ahead of tomorrow's showdown. newscenter 5's emily riemer will be there. she'll have live coverage before and after the event. and you can watch the debate right here on channel 5, starting at 9 p.m. tomorrow. j.c.: opponents of legalizing recreational marijuana aired their first ad on television and digital today. >> question for would allow thousands of marijuana after leaders throughout massachusetts in neighborhoods like yours. shops that sell pot edibles that look like candy, and high potency marijuana. j.c.: the ad already getting reaction from supporters of

whether to allow criminals to keep controlling the marijuana market, or to shift it to law-abiding, tax-paying businesses under the control of regulators. ed: a special election underway in revere right now for a proposed slots parlor. a group of investors are pushing for the project to help economic development in the city. if voters pass the proposal today it still faces a statewide vote, it is question one on the election day ballot. and it would need to be approved by the gaming commission. right now, a new hampshire woman is facing a list of charges after a stand off inside a home in candia. police say there was a 12-year-old child inside the home who was not hurt. they say during the stand off , deborah deslonchamps fired several shots, but not at anyone. the child was able to escape and was not hurt. deslongchamps was arrested after surrendering to hostage negotiators. much more ahead at 4:30. could there be an ideal work schedule that actually matches

j.c.: it would be nice. and, yes, the situation does change as we age. we'll take a look at a new study. ed: also ahead, a wrenching decision for a high school football player and his family. how he's back on the field just a year after breaking his neck. harvey: some of us are still relatively cool. other areas are incredibly warm. we will at you know how all this will shake out not only to mark -- and i am tomorrow, but the next opportunity for wet weather in the late week. j.c.: police searching for a man who exposed himself to elementary school students. police asking the public to help them find the suspect. stay with us. ed: we want to take you back over the city right now. it is 4:30 an afternoon. how much longer it will be here, but while it is here, look at the clouds around the city of

andrew crossley: new hampshire has a senator as hard as we do. gerardine ferlins: kelly ayotte believes in the potential of new hampshire, and wants to unleash that potential. ron goguen: she's out there fighting for good-paying jobs. andrew crossley: kelly introduced bipartisan training initiatives to make sure we have the skills for the 21st century.

the little guy - i'm the little guy. barb fredette: we need kelly fighting for good new hampshire jobs so our kids can raise their families here. sue martin: kelly is a powerful voice for new hampshire's working families. kelly ayotte: i'm kelly ayotte and i approved this message. fios is not cable. we're wired differently. so we wired the wagner's house with 100 meg internet. which means in the time it takes mr. wagner to pour a 20 oz. cup of coffee, tommy can download 30 songs, and jan can upload 120 photos. 12 seconds. that's the power of fiber optics. 00meg internet, tv and phone for just $69.99 per month online. hurry, our best offer ever ends soon.

announcer: 4:30. could the fog layer be sitting over the turnpike? harvey: it is so weird, because it is completely clear southwest of boston. it is a big difference between logan airport, downtown, and to the west.

through the evening. ed: the traffic on the pike is a little slow. that is the new building. let's go around the area to check the traffic. at the split, half hour. 18 minutes, 93 and newton corner. 128 slow into wellesley. the 495 south is a little slow, but the pike two to 90 is a seven minute ride. that is traffic right now. j.c.: the red planet is going gold in nasa's newest images. the maven mission capturing the ultraviolet glow from mars in unprecedented detail. this is called night glow. it shows how winds circulate on the planet, and how clouds form over giant martian volcanoes.

shot. i would not want to be under it, but above it, it is fantastic. ed: i would imagine it would move out quickly. harvey: it is. the warming is actually coming from the top down. it is much warmer above than had ground level in boston. that is one phenomenon right now. ed: and you have something else to tell us about. harvey: yes, we have the king tide. here are the highest tides all year. it is the perfect alignment of the earth, the sun, and the moon to cause the bulging. even without storms, we still get some coastal flooding. that is what was going on today at the time of high tide. here again, take a look at boston. clear above, with fog trying to hang onto the ground.

is strong out of the south and trying to bring warm air in. the wind is out of the east. i'm expecting a wind shift within the next hour. the temperature should spike upward. you can see where it is not that warm, 50's and 60's, and just to the south, 76 in norwood, 77 in pawtucket. 80 in connecticut. it is really like summer in this area. it is right on the edge of boston. the only problem is we have the nighttime, so we don't have the benefit of the sun when the wind shifts. it will make for an unusually warm night for late in october. much more indicative of a summertime night. only going to be dropping into the 60's for low temperatures.

the west and south, even with a small front coming through tomorrow, it will be a very mild to warm day. what didn't quite get into boston for the daylight hours today will be with boston tomorrow. there will be some patchy clouds , early in the day. we have mostly a clear night coming up tonight. there is little band weakening. then, the front will move to the south. however, it will get stuck around southeastern mass and the cape. you may not get that much sunshine down there, but we should see increasing sunshine down around boston. slightly cool high pressure area will build in tomorrow into thursday. it doesn't last long. then, we will see a system approach from the south and

we also have to watch friday and friday night, as the front approaches from the west, and tropical moisture may get drawn northward. friday afternoon and night, the some downpours are possible. here's the warm wednesday coming up. cool or thursday, with wet weather likely moving in either midday, afternoon, or evening. at some point friday, we get the heaviest downpours in the area. then, a complete change in the weather pattern to a cooler, breezy, and dry pattern into the weekend and early next week. yes, very, very balmy tomorrow, and will be feeling like it should with temperatures at or slightly below normal as we get deeper into the weekend and early next week. very interesting. j.c.: even today was

looked into how long working hours, or overnight hours, can effect your health. ed: now, a new study looks into the question, what's the best work schedule for your age? >> our biological clock has a way of regulating how alert and how sleepy we get over a 24-hour period. and because that cycle can change as we age working at , certain times of the day or night can jeopardize your health. for teens and young adults, later may be better. according to dr. jess shatkin, a psychiatrist at new york go to bed later, and wake up later, because they release melatonin, a hormone linked to our biological clock later in the night than adults do. shatkin says, young adults shouldn't start school or work any earlier than 9:00 or 10:00 in the morning. for adults in their 20's and 30's, consistency is key studies show the best type of work schedule for people in this

deviating from a regular schedule can have a negative impact on health. and for the 40 and older crowd, less is more. a study published by the melbourne institute suggests that a three-day workweek could be best for adults over 40. researchers also found that working about 25 hours a week can improve cognitive performance, but working more than 25 hours can have the opposite effect. j.c.: you do not see this every day. take a look. a fighter jet is now painted pink on the uss lexington in texas. this f9f cougar flew during the 1950's. it's the first plane ever to be painted pink, and displayed on the ship. it will be there until the end of the month, before it is restored to its original finish. an incredible story of recovery and resiliency out of maine. a high school football player beating all the odds, miraculously recovering from a neck injury to get back on the gridiron.

landed on his head, with a defender falling on top of him. he was told that 70% of people who break their neck end up in a wheelchair. but chris had his sights set on getting back to football for his senior year. following doctors order, and with incredible support, that's exactly what he did. >> my mom, she home-schooled me for 12 weeks and that was huge. and then my dad took time off from work he stayed home, and then the town, they were coming by. everybody just hugsu i had the entire team at my house every day. to have that really helped me push through recovery. j.c.: chris was named one of three team captains over the summer. they have to say congratulations to mom for homeschooling all that time, and letting him go play football again. ed: really, he's allowed back on the field? he's stronger than i am.

"scandal," but kerry washington's latest star-turn is much more wholesome. j.c.: coming up, the big announcement out of hollywood today. but first let's see what's new at 5:00 with ben and j.c. reporter: new on newscenter 5 at 5:00. a convicted sex offender accused of offending again back behind bars tonight. the new details revealed about how he met his alleged victim. he says the museum of science changed his life so now he's giving back. michael bloomberg's gift the largest in the museum's 186-year history. send in the pumpkins. the big plans for the thousands tonight. it's all new at 5:00. >> wednesday morning on the eyeopener, the final slowdown before election day.

hillary clinton and donald trump square off one last time. >> and a warm day leaded our way, when we cool down and when

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all about you. that's why we're here. to learn more, contact us for our free medicare guide with no obligations. you can call us at 1-888-800-8813 or visit us at bluecrossma.com/medicareguide. ? j.c.: "scandal," star kerry washington is now a mother of two. she gave birth to a baby boy named caleb on october 5, according to "e news." she and her husband already have a daughter, isabelle. "scandal," will be back on abc in january.

we turn to your economy now at 4:30. millions of social security recipients and federal retirees will only see a small rise in their monthly checks in 2017. how small? we are talking about five dollars. low inflation, driven by lower fuel prices, the major reason behind the historically low cost of living increase. 0.3% is the exact figure. j.c.: new allegations that former wells fargo ceo john stumpf knew about the fake bank account problems at his company sooner than he claims. cnn is reporting that a letter written by an employee in 2007 warned stumpf of wide-spread unethical il stumpf told congress he wasn't aware of the problem until 2013. ed: mashpee is the latest town to ban single-use plastic bags. the plan was approved at monday night's town meeting. the bag ban requires stores to phase-out their stock of the bags within a year. it also encourages customers to bring their own reusable bags

as you learn when you work with jc, it is always about issues. well, in this case slippers. j.c.: i do love my shoes. and i would love these as well. they are of course, the ruby slippers from "the wizard of oz ." why there's a special kickstarter to keep them in top-notch condition. but first, let's check the

imagine if your child were trapped in a failing school. imagine if your child couldn't read or write at grade level. imagine if your child were stuck on a waiting list. 32,000 kids want to go to a public charter school. but they can't. if you like your public school, question 2 won't affect you. but for kids stuck in failing school districts, question 2 will let parents choose something better and give all our kids hope.

spent 21 years in the navy, defending america. if i only showed up half of the time, i'd have been court-martialed. but that's what senator kelly ayotte did. she missed nearly half of her homeland security hearings. vo: on critical homeland security hearings, ayotte was mia... even missing a hearing the same day she went to a washington fundraiser. for ayotte collecting campaign cash comes first. bob hillery: when it comes to fighting terrorism, fifty percent doesn't cut it. afscme is responsible for

j.c.: recognize these? the ruby slippers worn by judy garland in the movie classic "the wizard of oz," need a little tlc. the smithsonian museum in washington, d.c. has launched a kickstarter campaign to raise $300,000 to restore them. like most movie props, the slippers weren't built to last. in addition to restoring the color of the shoes, the money will go toward a technology advanced display case to

for decades, the ruby slippers have been one of the most beloved items at the smithsonian. ed: i believe it. you need $300,000 to restore them? j.c.: that's a lot of money. ed: jc: a local elementary school on alert after students caught a flasher in the act. ben: message for donald trump. plus, fallout from more leaked clinton e-mails. harvey: midweek warmth and the next period of wet weather. jc: record-setting donations. the big city mayor giving to the iconic local museum that influenced him as a child. >> from boston's news leader, this is wcvb newscenter 5 at 5:00. ben: we're continuing to follow breaking news -- andover police

students at an elementary school. jc: newscenter 5's john atwater is now at the scene and joins us live with new information. john: this happened while kids were out at recess yesterday here at the school, a man about 50 feet away in this municipal parking lot. it happened yesterday around noon. two or three kids witnessed him expose himself twice -- they told their parents last night and then the school went to police this morning. sedan. they say he did not say anything to the children. >> the individual is facing these students. that's the information we received after speaking with the children. he turned away at one point, appeared to be on his cell phone. he turned back again and face the children.